January - 2018

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 a party can recover investigative costs under MTCA even if it cannot recover cleanup costs for the same release of hazardous substances. In Shamrock Paving, a paving company trespassed on the Douglas’ property and release some amount of lube oil, a MTCA hazardous substance, while servicing its equipment for a WSDOT paving project. Douglas

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

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