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Washington Identifies Screening Tools for Initial Contaminated Site EJ Assessments

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

EPA Proposes Cleanup Authority Expansion Under RCRA for PFAS and Other Emerging Contaminants

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) proposed two rules to expand the Agency’s authority to address releases of per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants at...more

Washington Initiates Sustainable Aviation Fuel Rulemaking Under State’s Clean Fuel Standard Program

Proposed rulemaking will also add requirements for third-party verification and seek to harmonize Washington’s CFS program with low carbon fuel standard laws in California and Oregon...more

Vehicle Fleet Reporting Requirements in Washington State (Updated)

Update: On September 25, 2023, the Washington Department of Ecology extended the fleet reporting requirement discussed in the alert below by a month, to October 31, 2023....more

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

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

EPA Seeks Comments on Potential Changes to the RCRA Definition of Empty Containers and Standards for Managing Used Containers

The U.S. Environmental Protection Agency (EPA) is considering and seeking public comment on potentially significant amendments to the hazardous waste regulations concerning the management, recycling, and disposal of drums and...more

Vehicle Fleet Reporting Requirements in Washington State

Fleet Reporting Requirement The Washington State Department of Ecology (Ecology) is requiring owners and operators of medium- and heavy-duty vehicle fleets to report information about their fleets to Ecology by September 30,...more

EPA Seeks Comments on Potential Designation of Additional PFAS as CERCLA Hazardous Substances

On April 13, 2023, the U.S. Environmental Protection Agency (EPA) published in the federal register an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public input to inform its decision whether to designate additional...more

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

2/1/2023  /  Air Pollution , CERCLA , Contamination , MTCA

Washington State Issues Draft Guidance for PFAS Investigation and Remediation

In mid-December 2022, the Washington Department of Ecology (Ecology) released Draft Guidance for Investigating and Remediating PFAS Contamination in Washington State. The Draft Guidance would apply to independent...more

Appeals Court Upholds Penalty Against Members of LLC that Owned Landfill for Violations of Oregon’s Landfill Closure Law

A long-running dispute over a substantial civil penalty issued by the Oregon Department of Environmental Quality (DEQ) for violations of Oregon’s landfill closure requirements continued with the Oregon Court of Appeals’...more

EPA Amends All Appropriate Inquiries Standard for Phase I Environmental Site Assessments

Key Takeaways - • Effective February 13, 2023, parties may rely on ASTM E1527-21 to satisfy All Appropriate Inquiries (AAI) under the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42...more

Washington Supreme Court Affirms Ecology’s Authority to Bypass Rulemaking When Requiring New PCB Sampling Methods Under CWA...

The Washington State Supreme Court agreed with the Department of Ecology in a dispute over whether Ecology should have followed notice and comment rulemaking procedures when adding two new controversial test methods for...more

MTCA Liability for Smokestack Emissions

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

10/14/2022  /  CERCLA , Contamination , MTCA , Site Remediation

PFAS Determined To Be Hazardous Substances Under Washington’s Cleanup Law

With its decision to list per- and polyfluoroalkyl substances (PFAS) as hazardous substances under Washington’s cleanup law, the Model Toxics Control Act (MTCA), the Department of Ecology ushers in a new era of uncertainty,...more

Practical Tips for Managing the Risks of PCBs in Building Materials

Even though polychlorinated biphenyls (PCBs) have not been manufactured in the U.S. for over forty years, they continue to be present in building materials, including in caulk and joint materials, paint, siding, roofing, and...more

EPA Headquarters Prods Cleanup Programs on Enforcement to Strengthen EJ

On July 1, 2021, EPA’s Office of Enforcement and Compliance Assurance (OECA) issued a memorandum to all EPA Regional Offices urging the offices to increase cleanup program enforcement under the Comprehensive Environmental...more

Oregon Increases Access to Historical Insurance Assets for Cleanup Liabilities

On June 11, 2021, Oregon Governor Kate Brown signed a law, HB 2377, intended to make the insurance policies of dissolved Oregon corporations and limited liability companies available to fund contaminated site cleanups. The...more

Washington Department of Ecology Releases Draft Green Remediation Guidance

At the end of May, the Washington Department of Ecology (Ecology) issued draft Green Remediation guidance for public review and comment. The comment period ends June 25, 2021. Ecology’s purpose in developing the guidance...more

Supreme Court Clarifies That Only CERCLA Settlements Trigger Contribution Claims

On May 24, the Supreme Court weighed in on an issue that for decades has bedeviled litigants under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): When can potentially responsible parties...more

Washington Department of Ecology Proposes Model Remedy to Address Legacy Contamination from Orchards

Lead arsenate, a pesticide that was used regularly in orchards until the 1940s, has contributed to lead and arsenic contamination in large swaths (over 100,000 acres) of Central and Eastern Washington. Some former orchards...more

Washington Adopts Economy-Wide Climate Legislation: “Cap-and-Invest” Approach Sets a Price For Carbon Emissions And Allows...

On May 17, 2021, Washington Gov. Jay Inslee signed the Washington Climate Commitment Act (CCA), which will create an economy-wide cap on greenhouse gas (GHG) emissions and create a system in which GHG credits are auctioned...more

Washington Joins Chorus of States with Major Environmental Justice Laws

Washington State has joined a growing number of states that have adopted keystone environmental justice laws. On May 17, 2021, Governor Jay Inslee signed the Healthy Environment for All (HEAL) Act, E2SSB 5141, into law. ...more

Fourth Time's The Charm: Washington Enacts Clean Fuels Program, Creating West Coast Market For Low-Carbon Transportation Fuels

After four tries to enact a low carbon fuel standard, Governor Jay Inslee on May 17, 2021, signed HB 1091, new legislation that will establish a Clean Fuels Program (CFP) designed to limit the carbon intensity of...more

Climate Change Litigation: Oregon Rejects Expansion of Public Trust Doctrine

On October 22, 2020, the Oregon Supreme Court rejected claims by youth climate activists seeking to expand the state’s public trust doctrine to address climate change. The court ruled that the state did not have an...more

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