News and Insights
Generative Artificial Intelligence and the Practice of Law
As the use of generative artificial intelligence (“AI”) grows across various industries, CSD Attorneys at Law P.S. is monitoring and evaluating how the use of AI may benefit the legal services that CSD provides to our clients.
2024 Super Lawyers List Announcement
Frank Chmelik, Jon Sitkin, and Seth Woolson selected to 2024 WA Super Lawyers List and Matt Paxton, Tim Schermetzler, and Aaron Haynes selected as honorees of the Rising Stars list.
CSD Attorneys at Law P.S. Welcomes Attorney Renee K. Larson
Renee is a recent graduate of the Seattle University School of Law, where she received the Pro Bono Pledge Service Award. During law school, Renee externed for the Honorable Evan P. Jones. Renee also served as
CSD Attorneys at Law and Snure Law Office are Associating
CSD Attorneys at Law and Snure Law Office are pleased to announce that attorney Brian Snure has become of counsel to CSD Attorneys at Law as part of a formal association of the two firms.
CSD Attorneys at Law Welcomes Attorney Megan D. Holmes
CSD Attorneys at Law Welcomes Attorney Megan D. Holmes Megan is a recent magna cum laude graduate of the Stetson University College of Law, where she received the William F. Blews Pro Bono Service Award. During law school, Megan externed for the Honorable Anthony E. Porcelli in [...]
2023 Super Lawyer Announcement
Frank Chmelik, Jon Sitkin, and Seth Woolson selected to 2023 WA Super Lawyers list and Matt Paxton selected as an honoree of the Rising Stars list. Over the past thirty-nine years, the lawyers of CSD Attorneys at Law P.S. have built a reputation for responsiveness, professionalism, [...]
OPMA and PRA COVID-19 Requirements Rescinded Effective June 1, 2022
Tired of reminding speakers that they are trying to talk while “on mute” during a public meeting? For the past two years, there have been several emergency proclamations issued by Governor Inslee under the Proclamation 20-28 series mandating certain requirements for municipal agencies subject to the Open Public Meetings [...]
Updated Mask Requirements for Large Outdoor Events
On Monday, September 13, 2021, the State Secretary of Health has issued Order 20-03.5 which adds the requirement for people to wear face coverings when at outdoor events or gatherings attended by 500 or more people regardless of vaccination status. The Department of Health also strongly recommends that everyone [...]
The Mask Mandate is Back and Vaccinations Will be Required for Education and Childcare Providers – Will this Impact your Government Agency or Business?
Masks: On Wednesday, August 18, 2021, Governor Inslee announced a new statewide indoor mask mandate in response to the rising COVID19 hospitalization rates across the state. The mandate applies to everyone regardless of their vaccination status. The mandate will take effect Monday, August 23, 2021. The mask mandate will [...]
Gov. Inslee Mandates Vaccinations for Employees and Volunteer Health Care Providers by October 18, 2021
By: Richard A. Davis III and Matt T. Paxton On August 9, 2021, Governor Jay Inslee issued Proclamation 21-14 requiring state employees and health care and long-term care providers to be fully vaccinated by October 18, 2021. Proclamation 21-14 applies to all workers for state agencies and most health care [...]
COVID19 OPMA Updates – Restrictions on Capacity and Physical Distancing Lifted
As of June 30, 2021 Governor Inslee has “opened up” Washington State from COVID19 restrictions, however the state of emergency is still in effect. What does this mean for municipal agencies and their compliance with the OPMA? Here are the current requirements regarding open public meetings: Proclamation 20-28.15 is [...]
PHASE 3 UPDATES – Vaccination Status, Masking and OPMA Attendance
May 24, 2021 June 30th Reopening Date On May 13, 2021 Governor Inslee announced the statewide reopening date of June 30, 2021 and that all counties in Washington would move to Phase 3 of his Healthy WA: Roadmap to Recovery plan effective May 18 until June 30. Reopening [...]
My Commercial Tenant has Filed for Bankruptcy. Now What?
As we are all now too aware, circumstances, whether health or financial, can change rapidly. In addition to impacting our personal lives, global events can impact drastically what was an otherwise productive business relationship. One example of the turmoil that can result from such an upheaval for a commercial landlord [...]
New Beneficial Ownership Interest (BOI) Reporting Requirement
You may have recently heard that there is a new federal reporting requirement for businesses referred to as “BOI Reporting,” and this may have left you wondering if it applies to your business and what deadlines you may need to meet.
Nondisclosure Agreements Update
Employers commonly require employees to sign agreements containing nondisclosure and/or non-disparagement provisions. These provisions are most often found in employment contracts or severance agreements. However, due to recent changes in the law, employers will want to immediately review their provisions to make sure they are compliant with the new [...]
Updates to the Industrial Stormwater General Permit
When the usual grey Washington weather turns to dry summertime in July and August, stormwater is likely the last thing on anyone’s mind. That could become a problem for companies holding a newly updated Industrial Stormwater General Permit (“ISGP”). ISGPs are issued by the Washington State Department of Ecology (“Ecology”) [...]
BREAKING NEWS: SBA MODIFYING PPP RULES
On Monday, June 8, 2020, the Small Business Administration (SBA) issued a statement that they will be modifying the Paycheck Protection Program (PPP) to align with Congress’ amendments in the Paycheck Protection Program Flexibility Act. Take away: The bottom line is that SBA will be issuing rules and guidance, a [...]
Paycheck Protection Program (PPP) Audits
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Paycheck Protection Program (PPP), under which certain businesses could apply for loans, a portion of which is eligible for forgiveness through the Small Business Administration. As part of the application for the PPP funds, the borrower makes a [...]
BREAKING NEWS: REOPENING RESOURCE FOR BUSINESSES
The Association of Washington Business (AWB) in partnership with the State of Washington has established a AWB Rebound and Recovery website (https://www.reboundandrecovery.org/) to help Washington businesses reopen smoothly. The website has two main lines of effort: Reopening Tool Kit: AWB has developed customizable materials to support a business’ reopening by [...]
Long Term View on Short Term Rentals
Short term internet-based vacation rentals, such as AirBNB, and VRBO, are more popular than ever. Given the growing popularity of these short-term rentals, communities in Washington State with active tourism markets have been addressing how to regulate this emerging industry. Earlier this year, Washington State legislature enacted Chapter 64.37 [...]
SELLER ALERT: New Penalties for Failing to Install Smoke Detectors Effective July 1, 2019
In May 2019, the Washington State Legislature enacted SSSB 5284, which substantially changes Fire Protection law and takes effect July 1, 2019. These changes apply to Sellers of all dwelling units. A Dwelling Unit is defined as a single unit providing complete, independent living facilities for one or more [...]
If You Renovate Pre-1978 Homes, You Should Become Familiar with the EPA’s RRP Rule.
The EPA's Lead Renovation, Repair and Painting Rule (“RRP Rule”) requires firms that provide for-profit renovation, repair, and painting projects that disturb lead-based paint in homes, childcare facilities and pre-schools built before 1978 to meet certain requirements. The RRP Rule is different and broader than lead abatement in that it [...]
Construction Law Update: Binding Subcontractors to Terms of a Prime Contract
A recent Washington court case indicates that contractors should take additional proactive steps to ensure that subcontracts are bound to the terms of prime contracts incorporated by reference in a subcontract. Earlier this year, the Washington Court of Appeals for Division 1 issued an unpublished opinion in Edifice Construction Company, [...]
Update: What Construction Activity is Currently Allowed and What COVID-19 Safety Requirements Apply
On April 29, 2020, Governor Inslee authorized a “Limited Phase 1 Construction Restart.” This is the first phase of the construction restart, and not all construction activity is allowed under Phase 1. Only the following construction projects are authorized during Phase 1: Any of the “essential” construction activities that were [...]
New Standard for Religious Accommodations under Title VII
New Standard for Religious Accommodations under Title VII The United States Supreme Court recently adopted a new “undue hardship” standard for employers considering an employee’s religious accommodation request under Title VII of the Civil Rights Act of 1964. In Groff v. DeJoy, 143 S. Ct. 2279 (2023), the [...]
Nondisclosure Agreements Update
Employers commonly require employees to sign agreements containing nondisclosure and/or non-disparagement provisions. These provisions are most often found in employment contracts or severance agreements. However, due to recent changes in the law, employers will want to immediately review their provisions to make sure they are compliant with the new [...]
Mandatory COVID-19 Vaccination
Mandatory COVID-19 Vaccination *Updated April 8, 2021 With COVID-19 vaccination becoming more widely available, employers have started asking whether they can require employees to be vaccinated. The answer is yes, with certain limitations. For example, the employer may need to provide reasonable accommodations in the case of a disability or [...]
New Requirements and Exemptions under the Washington Public Records Act, Effective June 2020
The Washington State Legislature recently amended the Public Records Act (“PRA”) establishing new exemptions related to personal information in employee records and imposes a new requirement for agencies to provide notice to employees when certain information from their personnel file is responsive to a request. The changes to the PRA, [...]
Managing Employees Return to Work After COVID-19 Pandemic – Food for Thought
The U.S. Equal Employment Opportunity Commission (EEOC) has released additional guidance for employers on what they can do when employees begin returning to work to balance a safe work environment with employment laws. The publication can be found at: https://www.eeoc.gov/newsroom/eeoc-updates-covid-19-technical-assistance-publication The publication, entitled “What You Should Know About COVID-19 and [...]
Remote Working During COVID-19 Pandemic
Under Proclamation 20-05, employees who work for an essential business may continue to perform their duties at their normal worksite. Even so, there may be prudent business reasons, or in some cases legal requirements (e.g., with high-risk workers) to have some employees perform their work remotely. Businesses that have not [...]
Federal Court Clarifies Scope of Stormwater Permit Coverage for “Industrial Activities”
Puget Soundkeeper Alliance v. APM Terminals Tacoma, LLC, et al. (November 3, 2020) On November 3, 2020, the United States District Court in the Western District of Washington issued a ruling that will ultimately affect how port districts and the Department of Ecology (“Ecology”) handle stormwater permitting at certain facilities. [...]
If You Renovate Pre-1978 Homes, You Should Become Familiar with the EPA’s RRP Rule.
The EPA's Lead Renovation, Repair and Painting Rule (“RRP Rule”) requires firms that provide for-profit renovation, repair, and painting projects that disturb lead-based paint in homes, childcare facilities and pre-schools built before 1978 to meet certain requirements. The RRP Rule is different and broader than lead abatement in that it [...]
Updates to the Industrial Stormwater General Permit
When the usual grey Washington weather turns to dry summertime in July and August, stormwater is likely the last thing on anyone’s mind. That could become a problem for companies holding a newly updated Industrial Stormwater General Permit (“ISGP”). ISGPs are issued by the Washington State Department of Ecology (“Ecology”) [...]
Division One Court of Appeals Finds that Wood Waste is a Hazardous Substance Under the Model Toxics Control Act that Could Require Contribution of Remediation Costs
By Brian Nadler of Chmelik Sitkin & Davis P.S. – September 2019 On August 19, 2019, the Division One Court of Appeals decided Port of Anacortes v. Frontier Industries, Inc., — P.3d —-, 2019 WL 3887412 (Div. 1 2019). Chmelik Sitkin & Davis successfully represented the plaintiff, Port of [...]
Biden’s Proposed Tax Plan Could Lower the Threshold for Estate Taxes and Abolish the Step-Up in Basis
In the event Joe Biden wins the U.S. presidential election, will there be repercussions for the federal gift and estate tax exclusion? How will estate planning be affected? The current estate and gift tax exemption is $11.58 million per individual in 2020. This means that individuals may leave up to [...]
Updating your Estate Planning During COVID-19
The COVID-19 has unsettled all of our lives. We are dealing with monumental change and uncertainty daily. Many of our clients are calling to ask how they can update their estate plan during this public health crisis or how they can implement new estate planning that they have put off. [...]
New Public Records Act Closure Letter Requirements
On April 11, 2024, the Washington State Supreme Court decided Cousins v. State, setting new criteria for how public agencies can sufficiently close public records requests to start the one-year statute of limitations under the Public Records Act (“PRA”).
Social Media Blocking
US Supreme Court Establishes New Test for When Municipal Officials Can be Sued for First Amendment Violations for Blocking of Persons from Social Media Accounts.
Governor Inslee’s Proclamation 20-28.14: The Open Public Meetings Act and Public Records Act
On December 8, 2020, Governor Inslee issued Proclamation 20-28.14 (the “December 8th Proclamation”), extending the requirement to conduct virtual meetings through January 19, 2021. The most recent Proclamation applies in all counties, regardless of what phase the county is in, unlike the last Proclamation. Summary In short, the extension continues [...]
How “Exhausted” Must Underlying Policies Be Before an Umbrella Policy Must Respond to a Loss?
Triggering umbrella coverage is often a confusing and grueling process for insureds, specifically when trying to answer the question of when exactly that “trigger” may occur. In August 2021, the Washington State Court of Appeals in Gull Industries, Inc. v. Granite State Insurance Company, 493 P.3d 1183 (Wash. Ct. [...]
Business Interruption Insurance for COVID-19 Claims
So, your business has shut down because it does not fall into one of the “essential” categories described by the State of Washington as it relates to the COVID-19 outbreak. Your company has business interruption insurance but your broker has told you that it will not cover your lost business [...]
Landlord Mitigation Program
RCW 43.31.605 established the Landlord Mitigation Program as a way to reimburse landlords for certain losses and expenses, including unpaid judgments for rent and other costs.
CDC Eviction Order
The Center for Disease Control and Prevention (“CDC”) has issued an order which temporarily halts residential evictions to prevent further spread of COVID-19. The order is effective September 4, 2020 through December 31, 2020. The CDC’s order applies only after the tenant provides their landlord with an executed declaration under [...]
Division One Court of Appeals Finds that Wood Waste is a Hazardous Substance Under the Model Toxics Control Act that Could Require Contribution of Remediation Costs
By Brian Nadler of Chmelik Sitkin & Davis P.S. – September 2019 On August 19, 2019, the Division One Court of Appeals decided Port of Anacortes v. Frontier Industries, Inc., — P.3d —-, 2019 WL 3887412 (Div. 1 2019). Chmelik Sitkin & Davis successfully represented the plaintiff, Port of [...]
January 2025 Knowing the Waters
Last month, at the Annual Meeting, WPPA honored an impressive list of new WPPA Life Members at Friday morning’s Awards Breakfast. Among the awardees was long-time WPPA General Counsel and author of Knowing the Waters – Frank Chmelik.
December 2024 – Annual Checklist
December is a month of making lists - holiday present lists, new year’s resolution lists, and the like. In keeping with the theme of making lists, this month’s column is an annual legal checklist of items that your ports should review annually.
November 2024 Knowing the Waters
On June 24, 2024, the Department of Justice (“DOJ”) issued a final rule on how special purpose district governments, including Washington ports, must make their website content and mobile apps readily accessible and usable by individuals with disabilities.
New Open Public Meetings Act Notice Requirements
Earlier this year, the Washington Legislature passed SHB 1105, which updates the Open Public Meeting Act (“OPMA”) and requires public agencies to provide notice for public comment that includes the first and last date and time by which such public comment must be submitted in certain situations.
October 2024 Knowing the Waters
On June 24, 2024, the Department of Justice (“DOJ”) issued a final rule on how special purpose district governments, including Washington ports, must make their website content and mobile apps readily accessible and usable by individuals with disabilities.
September 2024 Knowing the Waters
Knowing the Waters – This month’s column discusses what restrictions ports can put on persons attempting to access port property.
January 2025 Knowing the Waters
Last month, at the Annual Meeting, WPPA honored an impressive list of new WPPA Life Members at Friday morning’s Awards Breakfast. Among the awardees was long-time WPPA General Counsel and author of Knowing the Waters – Frank Chmelik.
December 2024 – Annual Checklist
December is a month of making lists - holiday present lists, new year’s resolution lists, and the like. In keeping with the theme of making lists, this month’s column is an annual legal checklist of items that your ports should review annually.
November 2024 Knowing the Waters
On June 24, 2024, the Department of Justice (“DOJ”) issued a final rule on how special purpose district governments, including Washington ports, must make their website content and mobile apps readily accessible and usable by individuals with disabilities.
New Open Public Meetings Act Notice Requirements
Earlier this year, the Washington Legislature passed SHB 1105, which updates the Open Public Meeting Act (“OPMA”) and requires public agencies to provide notice for public comment that includes the first and last date and time by which such public comment must be submitted in certain situations.
October 2024 Knowing the Waters
On June 24, 2024, the Department of Justice (“DOJ”) issued a final rule on how special purpose district governments, including Washington ports, must make their website content and mobile apps readily accessible and usable by individuals with disabilities.
September 2024 Knowing the Waters
Knowing the Waters – This month’s column discusses what restrictions ports can put on persons attempting to access port property.
120 Day Rent Increase
On March 13, 2023, Bellingham City Council gave final approval to an ordinance that requires 120 days advance notice before any rent increases for residential units. This new requirement applies only to properties located within the city limits of Bellingham. The ordinance takes effect March 28, 2023. Currently, State [...]
Residential Landlord Case Law and Statutory Updates
Landlords and tenants have a protected relationship here in Washington thanks to the Landlord-Tenant laws. However, COVID-19 further changed the landscape and procedures for landlords wanting to evict their non-compliant tenants, and five proposed bills in the legislature may create even more limits and procedures for landlords when increasing [...]
October 2022 Knowing the Waters – Annual Checklist
By Frank Chmelik I have recently received several requests to talk again about issues that a port commission or executive director may consider at year end or early next year. The idea here is to list items, which should be looked after at least annually – call it an [...]
An End of the Eviction Moratorium is Near But More New Rules are on the Horizon for Landlords
After more than a year of operating under the Governor’s Evictions and Related Housing Practices Proclamation 20—19 et seq. (the “Governor’s Proclamation”), which significantly restricted residential landlords’ ability to raise rent, enforce rules, remove tenants, and collect delinquent rent and fees, there is some light at the end of [...]
CDC Eviction Order
The Center for Disease Control and Prevention (“CDC”) has issued an order which temporarily halts residential evictions to prevent further spread of COVID-19. The order is effective September 4, 2020 through December 31, 2020. The CDC’s order applies only after the tenant provides their landlord with an executed declaration under [...]
More Changes in Store for Residential Landlord Tenant Laws July 2020
A year after the legislature overhauled the Washington Residential Landlord Tenant Act (RLTA), Chapter 59.18 RCW, the legislature has again imposed new regulations impacting Washington residential landlord tenant laws. [For a summary of the July 2019 changes, see Article: Important Changes to Washington Residential Landlord Tenant Law]. The new 2020 [...]
What is a Water Right
Simply put, a water right is a legal right to use a certain amount of water for a beneficial purpose. The Washington Department of Ecology (“Ecology”) is responsible for managing the state's water resources and administers the permit systems for water rights for surface and ground water.
Permit-Exempt Wells Are Subject to the WRIA 1 Adjudication
In May 2024, Ecology filed a Petition for Adjudication (the “Petition”) in the Whatcom County Superior Court to adjudicate all claims of a water right in WRIA 1 (“Adjudication”).