Lummi Indian Nation v. State of Washington 241 P.3d 1220
Oct 28, 2010OUTCOME: In favor of the State (and our intervening clients)
This case posed a facial constitutional challenge to the municipal water law passed by Washington State in 2003 in response to the Washington Supreme Court's decision in a case known as Theodoratus. So ... me felt that the Municipal Water Law retroactivelty undid what the ruling in Theodoratus had done, and therefore the legislature in the Muncipal Water Law violated the separation of powers. Ultiamtely, the Washington State Supreme Court ultimately upheld the law on its face, and, among other things, ruled that the law did not violate separation of powers. The court left the door open, howevere, for "as applied" constitutional challenges of this law. ***I only worked on this massive case at the district court level.
