July - 2013

A MTCA Cleanup May Need to be Ecologically Necessary and Economically Efficient

If you need to develop a cleanup plan for contaminated property, be sure to consider both the environmental and legal issues surrounding the cleanup options. For example, a specific cleanup plan that makes sense environmentally might not be the best choice once the legal ramifications are considered. This became clear in a case I am currently handling. A Federal District Court judge in Washington State recently ruled that recoverable cleanup costs under the Model Toxics Contr

A Primer on Buying and Selling Contaminated Property

More and more buyers or sellers of commercial real estate are encountering contamination issues these days. The presence of contamination should not be a deal-breaker, but to avoid liability the prospective purchaser or seller should be pro-active in evaluating the nature and scope of the contamination. The first step is to consult with an environmental attorney, who will recommend the appropriate environmental consultant for the specific contamination issues. The consultant

Washington Supreme Court Rules that Investigation Costs Alone may be Recoverable MTCA Costs

Ecology’s Voluntary Cleanup Program (VCP) is in Crisis

Avoid Pitfalls in Drafting Environmental Representations and Warranties

Consider Using Ecology Model Remedies for Petroleum Cleanups

Northwest Federal District Court Approving CERCLA Consent Decree Settlement Must Evaluate Comparativ

Washington Court of Appeals Weighs in On the Meaning of the Word “Suit” in CGL Policies

Ninth Circuit Court Limits Insurer’s Ability to seek Subrogation for Environmental Cleanup Costs und

Ecology Improves Remedial Action Grant and Loan Program for Local Governments

Local Governments Should Take Advantage of Ecology’s Grant Program

Washington Supreme Court Denies SEPA Challenge to Biomass Project

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