August 3, 2020

Volume X, Number 216

July 31, 2020

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Washington Gov. Inslee Issues Clarifications Regarding “Essential” Businesses Exempt from His “Stay-At-Home” Order

Guidance Document Provides Details Regarding “Essential” Functions in Several Key Washington Industries

On March 31, 2020, Washington Governor Jay Inslee issued a Guidance Bulletin providing important clarifications concerning which industries are considered “essential” and therefore exempt from his March 23 Proclamation requiring individuals to stay at home. 

As we have previously explained in more detail, Gov. Inslee’s “Stay Home – Stay Healthy” proclamation shutters all “non-essential” businesses and requires individuals to stay at home except to conduct essential functions such as food shopping and for employment in “essential business services.” The Proclamation includes a lengthy appendix defining “Essential Critical Infrastructure Workers” who are exempt from the stay-at-home order for purposes of employment. 

The March 31 Guidance Bulletin provides detailed clarifications concerning how the “essential” designation applies to several industries, or to particular industry functions. For example, the Guidance Bulletin clarifies that workers in renewable energy, natural gas, or biofuels production are considered essential, as are workers in the energy industry involved in control systems technology, cybersecurity, emergency management, or business continuity. Commercial fishermen are declared essential, including those involved in Washington’s geoduck fishery. 

In the healthcare field, workers involved in essential research and operations, including clinical trials and development of therapies based on biotechnology, are also deemed essential. Automobile repair facilities are deemed essential, as are automobile sales in very limited circumstances. The Guidance Bulletin also includes clarifications regarding home health care, retail businesses, maintenance services, moving services, and recreation facilities that may be used for permanent housing.

Industries believing they should be added to the “essential” list may submit a request to the Governor’s office seeking to be so classified.

Industries should also be aware of guidance issued by a number of Washington state agencies to address the coronavirus outbreak. For example, the Washington Department of Ecology has issued regulatory flexibility and dangerous waste compliance guidance providing some flexibility for regulated industries affected by COVID-19 and the Washington Utilities & Transportation Commission has issued a number of guidance documents, most recently indicating that it will follow federal policy providing flexibility of regulations related to pipelines carrying natural gas and hazardous liquids, railroads, and motor carriers.

These guidance documents will help industries struggling to determine how they should respond to the Governor’s “Stay Home – Stay Healthy” order and also may provide significant regulatory breathing space for companies operating with a restricted workforce in adverse economic conditions.

© 2020 Beveridge & Diamond PC National Law Review, Volume X, Number 97


About this Author

Eric Christensen Energy & Natural Resources Attorney
Of Counsel

Eric is a leading energy and natural resources attorney in the Pacific Northwest.

He assists renewable and traditional energy companies, as well as major energy consumers, to navigate the complex legal and regulatory systems governing the nation’s energy industry. With more than 30 years of experience, Eric has successfully represented clients in litigation and regulatory matters, ranging from the U.S. Supreme Court to proceedings before federal and state agencies. Before entering private practice, Eric served as Assistant General Counsel at Snohomish County (WA)...

Allyn L. Stern Environmental Attorney Beveridge & Diamond Seattle, WA
Of Counsel

Allyn brings over 30 years of insider understanding of government operations.

Her experience as former Region 10 Counsel at the Environmental Protection Agency (EPA) informs her deep policy, regulatory, and enforcement knowledge. Allyn draws on her breadth and depth of expertise to help clients comply with an array of environmental statutes and regulations applicable to their businesses, including Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA) permit approvals, risk management under the Clean Air Act 112(r), civil and criminal enforcement, Superfund cleanup and redevelopment, and pollution prevention strategies.

Allyn's in-depth knowledge of EPA policies and Department of Justice protocols enables her to capably advise clients on their interactions with these agencies. She guides clients through environmental issues arising in business operations, real estate development and permitting, or litigation. She has extensive experience with many environmental statutes, particularly the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); RCRA; and CWA.

As Regional Counsel at EPA, she was the senior executive covering litigation strategy and counseling for all matters in the states of Washington, Oregon, Idaho, and Alaska. She also spent over 20 years as an EPA line attorney, then as a managing attorney in EPA’s San Francisco office covering California, Arizona, Nevada, Hawaii, and the territorial islands. She provided legal advice and strategy on hundreds of EPA decisions including tribal treaty rights and consultation, CWA permits, water quality standards, Total Maximum Daily Load allocations, Superfund removal and remedial actions, and many enforcement cases. She also focused on incident response and was selected to be a part of the investigation team following the Gold King Mine release. In San Francisco, she also served as Deputy Director for the regional air program.

Allyn has taught law since 2005, with positions at the University of California Hastings School of Law, Seattle University, and Seattle University Law School. She has taught courses on Negotiation Skills, Environmental Law, and Environmental Enforcement.

David C. Weber Air & Climate Change Attorney Beveridge & Diamond Seattle, WA
Office Managing Principal

David C. Weber is the Managing Principal and co-founder of Beveridge & Diamond’s Seattle office. 

He also serves as the co-chair of the firm’s Air and Climate Change group. Dave focuses his practice on environmental litigation and compliance counseling, including air and water quality regulation, hazardous waste handling and remediation, and contaminated site cleanups under federal and state laws.

A cornerstone of Dave's practice is advising clients on national air quality and climate change issues. He represents businesses in connection with enforcement proceedings,...