Ecology director’s statement on court ruling dismissing challenge to key environmental cleanup funding source OLYMPIA – Ted Sturdevant, director of the Washington Department of Ecology, issued the following statement today: “On Monday, the King County Superior Court dismissed a lawsuit challenging the constitutionality of Washington’s voter-approved hazardous substance tax as applied to motor vehicle fuels. The court ruled that the plaintiffs — owners and operators of a gas station and their business association, Automotive United Trades Organization — don’t have standing to bring the lawsuit. “The decision stops a challenge to Initiative 97, which voters approved in 1988 to create our state’s Model Toxics Control Act. A key element of carrying out the law was the tax on the possession of hazardous substances. It pays for state and local environmental cleanups of hazardous substances at contaminated sites, and environmental work to prevent contamination. Because of the initiative, about 6,600 contaminated sites have been cleaned up and returned to safe, productive use. “We appreciate the work of the Attorney General’s Office in defending the tax and the important work it pays for all over our state. The decision dismissing the case can be appealed within 30 days.”
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