News and Insights2023-07-14T11:08:57-07:00

News and Insights

October 2023 Knowing the Waters

Back in July 2020, in the early months of the COVID-19 pandemic, Knowing the Waters addressed the impacts of Governor Inslee’s emergency proclamations concerning residential tenancies on port districts with liveaboard moorage customers, recreational vehicle (“RV”) parks, and other similar facilities.

November 2nd, 2023|

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 [...]

October 13th, 2023|

August 2023 Knowing the Waters

August 2023 Knowing the Waters – Commission Resolutions and Reporting By Frank Chmelik of CSD Attorneys at Law P.S. - WPPA Counsel Last month we addressed documents your port district should have on file.  This month we address two quite common commission questions. Who should report directly [...]

August 31st, 2023|

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, [...]

August 4th, 2023|

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 [...]

March 22nd, 2023|

Aaron Haynes elected to serve as Chair-Elect for the Washington State Bar Association’s Young Lawyers Committee and as District Representative for Oregon and Washington to the American Bar Association’s Young Lawyers Division

The WSBA’s Young Lawyers Committee recently elected CSD associate Aaron Haynes to serve as its Chair-Elect for 2022-2023 and as District Representative to the ABA’s Young Lawyers Division for 2022-2024.  Aaron’s appointment comes after two years of serving as an At-Large Representative to the ABA Young Lawyers Division and [...]

December 9th, 2022|

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 [...]

September 14th, 2021|

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 [...]

August 18th, 2021|

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 [...]

April 3rd, 2020|

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 [...]

November 1st, 2022|

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”) [...]

July 28th, 2020|

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 [...]

June 9th, 2020|

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 [...]

June 8th, 2020|

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 [...]

June 2nd, 2020|

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 [...]

December 18th, 2019|

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 [...]

September 8th, 2020|

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 [...]

May 7th, 2020|

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 [...]

August 25th, 2023|

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 [...]

November 1st, 2022|

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 [...]

February 1st, 2021|

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, [...]

July 1st, 2020|

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 [...]

May 8th, 2020|

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 [...]

May 6th, 2020|

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. [...]

November 16th, 2020|

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 [...]

September 8th, 2020|

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”) [...]

July 28th, 2020|

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 [...]

September 11th, 2019|

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.    [...]

April 2nd, 2020|

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 [...]

April 21st, 2020|

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 [...]

September 14th, 2020|

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 [...]

September 11th, 2019|

October 2023 Knowing the Waters

Back in July 2020, in the early months of the COVID-19 pandemic, Knowing the Waters addressed the impacts of Governor Inslee’s emergency proclamations concerning residential tenancies on port districts with liveaboard moorage customers, recreational vehicle (“RV”) parks, and other similar facilities.

November 2nd, 2023|

August 2023 Knowing the Waters

August 2023 Knowing the Waters – Commission Resolutions and Reporting By Frank Chmelik of CSD Attorneys at Law P.S. - WPPA Counsel Last month we addressed documents your port district should have on file.  This month we address two quite common commission questions. Who should report directly [...]

August 31st, 2023|

July 2023 Knowing the Waters

July 2023 Knowing the Waters - Litigation Involving the Washington Public Records Act (Chapter 42.56 RCW). By Frank Chmelik I just returned from the WPPA Commissioners Conference where we had a discussion about the increase in litigation involving the Washington Public Records Act (chapter 42.56 RCW).  I [...]

August 4th, 2023|

June 2023 Knowing the Waters – Port Documents

By Frank Chmelik This month we will take a look at what documents your port district should have on file and be keeping up to date.  Some documents are required by statute and others are good to have as a “best practice.” Required By Statute Annual Operating Budget. RCW [...]

July 10th, 2023|

April 2023 Knowing the Waters – Elections

By Frank Chmelik Well, we are coming up on what one executive director described to me as “the silly season.”  You are thinking spring and maybe some boating or barbeques – we lawyers are thinking election season. As the election season is upon us, local government officials and employees [...]

May 1st, 2023|

October 2023 Knowing the Waters

Back in July 2020, in the early months of the COVID-19 pandemic, Knowing the Waters addressed the impacts of Governor Inslee’s emergency proclamations concerning residential tenancies on port districts with liveaboard moorage customers, recreational vehicle (“RV”) parks, and other similar facilities.

November 2nd, 2023|

August 2023 Knowing the Waters

August 2023 Knowing the Waters – Commission Resolutions and Reporting By Frank Chmelik of CSD Attorneys at Law P.S. - WPPA Counsel Last month we addressed documents your port district should have on file.  This month we address two quite common commission questions. Who should report directly [...]

August 31st, 2023|

July 2023 Knowing the Waters

July 2023 Knowing the Waters - Litigation Involving the Washington Public Records Act (Chapter 42.56 RCW). By Frank Chmelik I just returned from the WPPA Commissioners Conference where we had a discussion about the increase in litigation involving the Washington Public Records Act (chapter 42.56 RCW).  I [...]

August 4th, 2023|

June 2023 Knowing the Waters – Port Documents

By Frank Chmelik This month we will take a look at what documents your port district should have on file and be keeping up to date.  Some documents are required by statute and others are good to have as a “best practice.” Required By Statute Annual Operating Budget. RCW [...]

July 10th, 2023|

April 2023 Knowing the Waters – Elections

By Frank Chmelik Well, we are coming up on what one executive director described to me as “the silly season.”  You are thinking spring and maybe some boating or barbeques – we lawyers are thinking election season. As the election season is upon us, local government officials and employees [...]

May 1st, 2023|

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 [...]

March 22nd, 2023|

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 [...]

March 3rd, 2023|

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 [...]

May 20th, 2021|

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 [...]

September 14th, 2020|

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 [...]

July 2nd, 2020|
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