The latest volley in the fight to prevent a tax increase on hazardous substance has been played by opponents to the tax.

According to Washington State Wire, the Western States Petroleum Association sought the legal opinion of Phil Talmadge, a well respected former state Supreme Court Justice and lawmaker.

In his opinion regarding the legal standing of the hazardous substance tax Talmadge writes:

“Recently the Legislature has been talking about dramatically increasing it and using the money for the state general fund. Some of the early proposals talked about a near-tripling of the tax. But it is clear that this tax violates the 18th Amendment, and it has probably been a violation since 1989.”

And Talmadge is not alone in his opinion.  Washington State Wire previously reported that long-time chair of the Senate Transportation Committee, Mary Margaret Haugen, has been waiting for such a challenge.  She told the Wire:

“I'm sure that if it passes there will be a challenge, no question about that. It is in essence a three-cent gas tax increase, and I think that if we were going to raise the gas tax I think would be appropriate for it to come to the transportation committee.”

So regardless of what lawmakers do at this point, it appears that the ground work is being laid for a full blown legal challenge, and it looks like who ever brings that challenge will be serving for match point.