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...
Ninth Circuit Court Limits Insurer’s Ability to seek Subrogation for Environmental Cleanup Costs und
A recent decision by the Ninth Circuit Court of Appeals in Chubb Custom Ins. Co. v. Space Systems/Lorel, limits an insurer’s ability to...
Ecology Improves Remedial Action Grant and Loan Program for Local Governments
Below is Ecology’s news release about these exciting new changes to the remedial action grant program. Adrienne Dorrah of Ecology is the...
Local Governments Should Take Advantage of Ecology’s Grant Program
I recently attended a luncheon where John Means, the head of Ecology’s grant program, provided some useful tips about how Ecology is...
Washington Supreme Court Denies SEPA Challenge to Biomass Project
In PT Air Watchers et al. v. Department of Ecology, the Washington Supreme Court recently held that the construction of a woody debris...