October - 2015

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 remedies for MTCA cleanups. The goal of such remedies is to reduce environmental consultant fees and time to get sites cleaned up. Ecology recently released guidance that resents model remedies for the cleanup of petroleum- contaminated soil. The guidance also authorizes Ecology to waive its fees for cleanup oversight. Ecology states in th

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 Superfund Sites. Now as a result of a recent Ninth Circuit case, Arizona v. City of Tucson, 761 F.3d 1005 (9th Cir. 2014), I will need to be sure that the federal district court that enters the consent decree does not just rubber stamp the EPA’s submission of the decree. Rather, the Ninth Circuit held in City of Tucson that the court must evalua

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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