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 biomass facility did not significantly affect the environment, and thus an Environmental Impact Statement (EIS) was not required under the Washington State Environmental Policy Act (SEPA). Although every biomass project must be evaluated on its merits, the decision strikes a legal blow to project opponents because the Court made two findings t
EPA Adopts New “All Appropriate Inquiry” Standard
Note: This post is important for purchasers of contaminated property who want to limit their liability under the federal Superfund, known as CERCLA and Washington’s cleanup statute – the Model Toxics Control Act (MTCA). The All Appropriate Inquiry (AAI) Rule is fundamental to a person availing itself of three defenses to limit its liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The three defenses are: innocent landowner, cont