Appeals & Lobbying
Appellate Information
Mr. Miller can assist clients who need to appeal an adverse decision. He has successfully argued cases at all levels of the state and federal courts. The following is a list of cases he has handled:
- New York v. United States, Washington, Nevada, and South Carolina, 505 U.S. 144, 112 S. Ct. 2408, 120 L. Ed. 2d 120 (1992); 942 F.2d 114 (2d Cir. 1991); 757 F. Supp. 10 (N.D.N.Y. 1990). Constitutional challenge to 1980 and 1985 Radioactive Waste Policy Acts.
- Michigan Coalition v. Griepentrog, 954 F.2d 1174 (6th Cir. 1992). Dismissal of challenge to Washington's authority to deny disposal access to Michigan-generated radioactive waste.
- Michrad v. Gregoire, 945 F.2d 150 (6th Cir. 1991). Stay of district court injunction allowing Washington to continue to deny disposal access to Michigan-generated radioactive waste.
- Washington State Health Facilities v. State, 879 F.2d 677 (9th Cir. 1989). Recoupment of $16.0 million in Medicaid payments to nursing homes.
- Stikes Woods Ass'n v. City of Lacey, 124 Wn.2d 459, 880 P.2d 25 (1994). Filing an action on the next court day when the statute of limitations period ends on a Saturday is timely.
- Simpson Tacoma Kraft Co. v. State, 119 Wn.2d 640, 835 P.2d 1030 (1992). Use of narrative water quality standard to regulate discharge of dioxin from pulp mills.
- State v. Farmer, 100 Wn.2d 334, 669 P.2d 1240 (1983). Food stamps constitute public assistance under the welfare fraud statute.
- Thurston County v. WWGMHB, 137 Wash. App. 781, 154 P.3d 959 (2007). Thurston County's comprehensive plan complied with GMA for agricultural and rural lands, but the size of the urban area was too large.
- Thurston County v. Griffin, 137 Wash. App. 609, 154 P.3d 296 (2007). Health Board properly denied an on-site septic permit for undersized lot under Sanitary Code.
- Hewitt v. Thurston County, No. 23230-8-II (2002). Public-duty doctrine did not apply when issues of fact existed on whether county employees gave owners incorrect information regarding landslide.
- Baker v. Tri-Mountain Resources, 94 Wn. App. 849, 973 P.2d 1078 (1999). The Land Use Petition Act provides for awards of attorney's fees only at the Court of Appeals and Supreme Court levels.
- Overhulse Neighborhood Association v. Thurston County, 94 Wn. App. 593, 972 P.2d 470 (1999). The Land Use Petition Act provides that the county auditor must be timely served in order to invoke the court's jurisdiction.
- Powers v. State, 67 Wn. App. 180, 835 P.2d 230 (1992). Prohibition of residential construction within Skagit River floodway may constitute an unconstitutional taking of private property.
- Hedlund v. White, 67 Wn. App. 409, 836 P.2d 250 (1992). Requirement to obtain shoreline permit to fill wetlands for agricultural purposes.
- Sheep Mountain v. Ecology, 45 Wn. App. 427, 726 P.2d 55 (1986). Pollution Control Hearings Board statute which prevented Department of Ecology from conducting adjudicative hearings was unconstitutional.
- Washington Attorney General Opinion 3 (1985). Drafted official opinion concluding that the state has the authority to regulate radioactive air pollution from Hanford reservation.
Lobbying Information
Mr. Miller can assist clients seeking to change the law through rulemaking and has successfully represented several clients before the Washington State Legislature. The following is a list of legislation he has helped clients pass:
- 2003 Washington Laws, Ch. 253. Drafted amendments to geologist licensing statute.
- 1989 Washington Laws, Ch. 262. Drafted amendments to natural resource damages statute.