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MTCA

Beveridge & Diamond PC

Washington Identifies Screening Tools for Initial Contaminated Site EJ Assessments

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The Washington Department of Ecology’s recent amendments to the state contaminated site cleanup regulations under the Model Toxics Control Act (MTCA) require screening to determine whether contaminated sites may affect...more

Beveridge & Diamond PC

MTCA Gets a Makeover: Ecology Finalizes First Major Updates to Washington Cleanup Rule in 20 Years

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After a multi-year rulemaking process, the Washington Department of Ecology (Ecology) issued the first substantive updates to the contaminated site cleanup regulations, Chapter 173-340 WAC, under the Model Toxics Control Act...more

Beveridge & Diamond PC

Washington District Court Reversal on MTCA Liability for Smokestack Emissions

A court in the Eastern District of Washington recently reversed its prior decision concluding that the deposition of aerial emissions from a smokestack in Canada could support a claim for arranger liability under Washington’s...more

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MTCA Liability for Smokestack Emissions

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Last month, a federal court judge in the Eastern District of Washington concluded that deposition of aerial emissions from a smokestack could support a claim for arranger liability under Washington’s cleanup statute, the...more

Perkins Coie

Just Short of a Rule: Washington State’s Recommendations on PFAS Cleanup Levels

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The Washington State Department of Ecology (Ecology) recently released a focus sheet that provides Ecology’s recommended soil and groundwater cleanup levels for a group of chemical compounds known as per- and polyfluoroalkyl...more

Perkins Coie

Washington State Department of Ecology Unveils Expedited Voluntary Cleanup Program

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In April 2019, the Washington legislature amended the Model Toxics Control Act (MTCA) to allow the Washington State Department of Ecology to create an expedited version of the existing Voluntary Cleanup Program (VCP). The VCP...more

Schwabe, Williamson & Wyatt PC

Norlander v. Caldwell: Five Lessons for Plaintiffs Seeking Cost Recovery Under MTCA

In late 2019, the King County Superior Court issued a decision in Norlander v. Caldwell, Case No. 18-2-05702-7 SEA, which serves as a cautionary tale for plaintiffs seeking to recover remedial action costs under Washington’s...more

Beveridge & Diamond PC

MTCA: A Citizens’ Initiative Shaped by Agency Action

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The Model Toxics Control Act (MTCA) has been cleaning up contaminated sites in Washington State for 30 years. On December 10, 2019, Beveridge & Diamond and the Environmental Law Institute will be hosting a seminar (MTCA 30)...more

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Washington’s Voluntary Cleanup Program: Further Action Needed?

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The Model Toxics Control Act (MTCA) has been cleaning up contaminated sites in Washington State for 30 years. On December 10, 2019, Beveridge & Diamond and the Environmental Law Institute will be hosting a seminar (MTCA 30)...more

Beveridge & Diamond PC

Washington’s Model Toxics Control Act: Thirty Years and Counting

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The Model Toxics Control Act (MTCA) has been cleaning up contaminated sites in Washington State for 30 years. On December 10, 2019, Beveridge & Diamond and the Environmental Law Institute will be hosting a seminar (MTCA 30)...more

Beveridge & Diamond PC

“Broken Link in the Chain of Liability”: MTCA Decision Highlights Intricacies of Corporate Law

Last week, in a decision highlighting the overlay of environmental and corporate law, a Washington federal district court dismissed claims seeking remediation costs, attorneys’ fees, and a declaratory judgment on liability...more

Perkins Coie

Washington Supreme Court Narrows “Owner or Operator” Liability, Exempts DNR From Cleanup Law Liability

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In a decision issued last month, the Washington Supreme Court narrowed “owner or operator” liability under the Model Toxics Control Act, RCW 70.105D (MTCA). In Pope Resources, LP v. Wash. Dept. of Natural Resources, the court...more

Beveridge & Diamond PC

Legal Whipsaw in Washington Sawmill Case: State Supreme Court Decision Fundamentally Changes the Scope of Liability Under the...

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On May 24, 2018, in a significant decision with far-reaching implications for cleanups at Washington’s contaminated sites, the Washington State Supreme Court narrowed the scope of “owner or operator” liability under the state...more

Schwabe, Williamson & Wyatt PC

Do Not Clean, Clean Dirt: Douglass v. Shamrock Paving, Inc.

On December 21, 2017, the Washington Supreme Court issued a decision interpreting the private right of action under Washington’s Model Toxics Control Act (“MTCA”), Douglass v. Shamrock Paving, Inc. The decision analyzes three...more

Carlton Fields

If the Suit Fits: A Washington Court Clarifies Triggers for the Duty to Defend

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Like many other federal and state environmental laws, Washington’s Model Toxics Control Act (MTCA) exposes property owners to strict liability, regardless of fault or intent, for certain types of environmental contamination. ...more

Perkins Coie

Washington Legislature Passes Significant Changes To The Model Toxics Control Act

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During the waning hours of the legislative session, the Washington State Legislature passed Substitute Senate Bill 5296 (SSB 5296) by large majorities and Governor Inslee signed the bill without changes. ...more

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