Washington Supreme Court Rules that Investigation Costs Alone may be Recoverable MTCA Costs
In a case of first impression, the Washington Supreme Court held in Douglas v. Shamrock Paving, Inc. No. 94807-8 (December 21, 2017) that...
Ecology’s Voluntary Cleanup Program (VCP) is in Crisis
Ecology’s Voluntary Cleanup Program (VCP) is in crisis mode because of budget cuts and staff attrition. As a result, assignment of a...
Avoid Pitfalls in Drafting Environmental Representations and Warranties
A recent decision by the Washington State Court of Appeals underscores how careful one must be in drafting representations and...
Consider Using Ecology Model Remedies for Petroleum Cleanups
Under the 2013 amendments to the Model toxics Control Act (“MTCA”), Chapter 70.105D RCW, Ecology was directed to establish and use model...
Northwest Federal District Court Approving CERCLA Consent Decree Settlement Must Evaluate Comparativ
In a few years I will be negotiating consent decree settlements for my clients at the Portland Harbor and Lower Duwamish Waterway...
Washington Court of Appeals Weighs in On the Meaning of the Word “Suit” in CGL Policies
In Gull Industries, Inc. v. State Farm Fire and Casualty Co., et al., 326 P.3d 782 (June 2, 2014), Division One of the Court of Appeals...