The Washington Department of Ecology is undertaking a rulemaking process to update its organic materials management regulations to include permitting requirements for facilities that manage and process organic materials. The...more
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
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
In mid-December 2022, the Washington Department of Ecology (Ecology) released Draft Guidance for Investigating and Remediating PFAS Contamination in Washington State.
The Draft Guidance would apply to independent...more
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
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
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
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
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
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
On September 29, 2020, the Oregon Department of Environmental Quality (DEQ) released updated guidance on Conducting Ecological Risk Assessments to aid in evaluating ecological risks at contaminated sites and in determining...more
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
Last month, with unanimous bipartisan support, Washington legislators passed a bill that will expedite efforts to clean up contaminated sites around the state....more