Myovi Says ARCO Failed to Exercise 25‑Year Access Right; Dispute Over Exception 6(b) Raised
September 16, 2026 | Other Court, Judicial , Washington
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Myovi's counsel told the court that the environmental declaration granted ARCO an access right that lasted 25 years and that, after Myovi gave notice about contamination, ARCO did not exercise that right. "We gave them notice. They took no action. We took action," counsel said, arguing that the failure to use the access right falls within Section 6(b).
ARCO responded that Section 6(b) was not raised—or was not pressed below—in the same way and that parsing the limitations in the declaration (including any obligations tied to Section 3.1) alters whether Section 6(b) yields a claim. The bench discussed whether Section 6(b) was fairly before the court at this interlocutory stage.
ARCO responded that Section 6(b) was not raised—or was not pressed below—in the same way and that parsing the limitations in the declaration (including any obligations tied to Section 3.1) alters whether Section 6(b) yields a claim. The bench discussed whether Section 6(b) was fairly before the court at this interlocutory stage.
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