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 Ecology project manager for your cleanup and issuance of an opinion will take six months to one year, instead of the customary 90 days. Further, complex cleanup sites that had been allowed to enter the VCP must now enter into a formal agreement , such as an agreed order or consent decree, with Ecology. Examples of these kind of sites include
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 warranties, such as environmental reps and warranties in Purchase and Sale Agreements (PSAs). In Terry Martin v. Stanley Smith, 192 Wn. App. 527 (2016), the court interpreted contractual language stating that each party “warrants and represents” created an express warranty. Under Washington law, the breach of an express warranty voids the contract