AG Ferguson: Washington Attorney General’s Office defends Hanford workers’ comp law at the Supreme Court today

Final month Gov. Inslee signed new, up to date model of legislation

WASHINGTON, D.C. — Right now the Washington Legal professional Common’s Workplace stood up for Hanford employees at the USA Supreme Courtroom. The Workplace is defending Washington’s bipartisan state legislation designed to make it simpler for employees to entry the compensation advantages they earned once they develop sure diseases from working at a website contaminated with radioactive waste.

The 2018 legislation that the federal authorities challenged was up to date and enhanced this 12 months. Through the just-completed 2022 session, the Legislature handed SB 5890, sponsored by Sen. Karen Keiser, D-Des Moines, which makes necessary clarifications and enhancements to the previous 2018 legislation. These enhancements, akin to making certain the protections apply to all people, together with state workers, who conduct work on the Hanford Nuclear Reservation, deal with key considerations voiced by the federal authorities. SB 5890 obtained sturdy bipartisan assist. Gov. Jay Inslee signed SB 5890 into legislation on March 11, and it took impact instantly. Consequently, the brand new legislation is at present in impact.

The Biden administration has not challenged the brand new legislation.

Washington Deputy Solicitor Common Tera Heintz delivered oral arguments earlier than the Supreme Courtroom.

“I’m happy with my authorized staff for his or her efforts in the present day,” Ferguson stated. “To be blunt, if the Hanford Nuclear Reservation was positioned outdoors Washington, D.C., the federal authorities wouldn’t be persevering with this merciless authorized problem. So long as I’m Legal professional Common, my workplace will defend Hanford employees’ skill to entry the advantages they earned.”

Trump administration challenged the protections in federal court docket — and misplaced twice

In December 2018, the Trump administration filed a lawsuit difficult the legislation.  The federal authorities argued that the legislation violates “intergovernmental immunity,” a authorized doctrine that forestalls states from regulating federal operations or property. Nevertheless, in 1936 — greater than eight a long time in the past — Congress gave states broad authority to use their employees’ compensation legal guidelines to federal tasks.

In June 2019, Decide Stanley A. Bastian for the U.S. District Courtroom for the Jap District of Washington granted Washington’s movement for abstract judgment. In that order, Decide Bastian dominated that Congress approved Washington to go legal guidelines offering particular protections for Hanford employees and due to this fact it didn’t violate intergovernmental immunity.

The Trump administration appealed, and in August 2020, a panel of the Ninth Circuit Courtroom of Appeals unanimously upheld the legislation. A panel of three judges, Richard Clifton, James Donato and Milan Smith, unanimously struck down the Trump administration’s claims that the 2018 legislation is illegal. The panel dominated that Congress has given authority to the states to offer employees’ compensation advantages to injured contractors on federal lands. Decide Milan Smith, appointed by President George W. Bush, wrote the opinion for the panel.

Simply two days after Labor Day in September of 2021, the Biden Administration appealed the Ninth Circuit’s unanimous choice to the U.S. Supreme Courtroom.

Per week later, Ferguson joined Hanford employees and advocates in Pasco to name on the Biden administration to cease its problem, to no avail.

-30-

Washington’s Legal professional Common serves the folks and the state of Washington. Because the state’s largest legislation agency, the Legal professional Common’s Workplace supplies authorized illustration to each state company, board, and fee in Washington. Moreover, the Workplace serves the folks instantly by implementing client safety, civil rights, and environmental safety legal guidelines. The Workplace additionally prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator circumstances in 38 of Washington’s 39 counties. Go to www.atg.wa.gov to be taught extra.

Media Contact:

Brionna Aho, Communications Director, (360) 753-2727; Brionna.aho@atg.wa.gov

Common contacts: Click on right here