Latest Publications

Share:

Sweating the Details: It’s the Things You Overlook That Can Come Back to Bite

Many things can keep a vintner or brewer awake at night, but it’s probably safe to say that compliance with the federal Clean Air Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and...more

2/8/2018  /  CERCLA , Clean Air Act , EPA , EPCRA , Wineries

New Washington State Petroleum Cleanup Program May Speed Up Opinion Letter Process

As of January 2, Washington state has a new program to help move underground storage tank cleanup sites to closure. Under SHB 1266 passed by the legislature in the 2016 session and signed by Governor Inslee, the Pollution...more

Proposed Marijuana Farm Raises Scope of Oregon’s Right-to-Farm Law

A case in Yamhill County Circuit Court in McMinnville, Oregon pits two farms — a vineyard and a potential commercial marijuana grower — against each other, implicating the scope of Oregon’s Right to Farm law. At issue in...more

Washington Supreme Court Upholds Investigation Costs as a Remedial Action Under the Model Toxics Control Act But Restricts...

Construction and Environmental Legal Update - The Washington Supreme Court has affirmed in a unanimous ruling that the costs to test soil for hazardous substances qualify as a “remedial action” under the Washington Model...more

Ninth Circuit Rules Settling a Non-CERCLA Environmental Claim Can Trigger the Time-Period to Bring a CERCLA Contribution Claim

Under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) a responsible party that settles with the government via a consent decree to cleanup or pay for remediation has three years to...more

9/15/2017  /  CERCLA , Consent Decrees , EPA , RCRA

Marijuana Facilities Are Subject to Odor and Other Air Pollution Regulations in Washington State

The Washington Clean Air Act governs air emissions and that includes the production and processing of marijuana. Whether the regulatory body is the Washington Department of Ecology or one of seven regional clean air agencies...more

Deciphering Smoke Signals — FDA’s New Tobacco Product Rules and Their Impact on the Cannabis Industry

Synopsis: Dual-use cannabis consumption products and their off-label uses may cause those products to fall within the new FDA rules governing tobacco products. Manufacturers and retailers of vape pens and atomizers...more

Navigating Environmental Regulations: Tips for Staying in Compliance

Our state’s ever-changing regulatory environment makes it hard to stay on the right side of the law. Here are some simple steps to help keep your business in compliance: 1. Ignorance Is Not Bliss. Take time to research...more

Washington State Court of Appeals Holds Vested Permit Applications Are Not Subject to New Municipal Stormwater Requirements

The development community won a victory in Division Two of the Washington State Court of Appeals in a ruling that excludes pending permit applications from the new low-impact development stormwater regulations that large...more

Stormwater Permits Are Not One Size Fits All

It’s rare for a stormwater lawsuit to result in a court decision since most settle in the early stages, but a ruling by U.S. District Court Judge John C. Coughenour in the Western District of Washington provides useful...more

Washington State Department of Ecology Starts Rulemaking Process for Regulating Carbon Emissions

The Washington State Department of Ecology (Ecology) has taken the first steps toward new rules for reducing emissions of carbon dioxide and other greenhouse gases by proposing to adopt a new Clean Air Rule and amend two...more

Your Contract May Not Be as Confidential as You Think: Another Lesson in Safeguarding Trade Secrets in Government Procurement

For a second time this year, the Washington Court of Appeals has rejected claims that pricing and other information contained in contracts between private companies and government agencies are trade secrets not subject to...more

Oregon’s Statute of Repose May Block Common Law Environmental Claims

Oregon’s 10-year statute of repose may now play a bigger role in environmental lawsuits in the wake of the U.S. Supreme Court’s ruling that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),...more

New Rules Provide for More Detail in Phase I Environmental Site Assessments

Doing environmental due diligence in order to come within the “all appropriate inquiry” safe harbor under federal and many state environmental statutes has become a necessary component of the underwriting process for...more

Measuring Energy Use - The new era of building benchmarking is here. Are you ready?

The state of Washington and the City of Seattle are among the pioneers in requiring that building owners track and report energy performance — known as benchmarking — and disclose that data to potential buyers, renters or...more

California Cap and Trade to Launch End of the World, Brave New World or Carbon Tax?

Six years after then-Gov. Arnold Schwarzenegger signed the California Global Warming Solutions Act, also known as AB 32, the California Air Resources Board (CARB) holds its first auction of emissions allowances on November...more

11/14/2012
16 Results
/
View per page
Page: of 1

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.