News & Analysis as of

Site Remediation Property Owners Clean-Up Costs

Mitchell, Williams, Selig, Gates & Woodyard,...

Acquisition of Contaminated Property: Federal District Court Addresses Allocation of Cleanup Costs

The U.S. District Court for the Eastern District of Wisconsin (“Court”) addressed in a January 28th Opinion issues arising under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C....more

Verrill

One Bad Apple Spoils the Whole Barrel: Do Not Mix a Potentially Contaminated Site With Other Assets

Verrill on

​​​​​​​When considering the establishment of an estate or trust to hold title to real property, it is important to segregate potentially contaminated property from other assets  Unfortunately, once title vests in an estate or...more

Beveridge & Diamond PC

MTCA: A Citizens’ Initiative Shaped by Agency Action

Beveridge & Diamond PC on

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

Blank Rome LLP

Third Circuit Holds New Property Owner on the Hook for Old Cleanup Costs

Blank Rome LLP on

Is a purchaser of contaminated property on the hook for environmental cleanup costs that take place prior to the time the property was acquired? In Pennsylvania Dept. of Environmental Protection v. Trainer Custom Chemical,...more

Perkins Coie

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

Perkins Coie on

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

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

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