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Science, Law & the Environment Emerging Topics in Environmental Law

Tag Archives: MTCA

Ecology Begins Work on MTCA Model Remedies: What Can Washington Learn From Other Jurisdictions?

Posted in Cleanup & Superfund, Emerging Policy

In 2013, the Washington Legislature passed SSB 5296, which amended the Model Toxics Control Act in a number of ways. One of those amendments directed Ecology to adopt “model remedies,” defined as “a set of technologies, procedures, and monitoring protocols identified by [Ecology] for use in routine types of clean-up projects at facilities that have… Continue Reading

Guest Post: Maul Foster Alongi Provides an Update and Their Perspective on Ecology’s New Remedial Action Grant Rule

Posted in Cleanup & Superfund, Emerging Policy, Guest Posts

Note from Doug Steding: This post arose out of a meeting over coffee with James Peale and Jackie Gruber, where we discussed Ecology’s recent Remedial Action Grant rulemaking. James and Jackie highlighted Maul Foster & Alongi, Inc.’s deep experience representing public entities in the pursuit of Remedial Action Grant money. Michael Stringer at Maul Foster was the lead… Continue Reading

Breaking: Ash Grove Cement Sues Lone Star Industries–the First of Likely Many Contribution Claims Related to the Duwamish River Superfund Site

Posted in Cleanup & Superfund, Water Quality

Ash Grove Cement, the owners of a cement manufacturing facility located at the mouth of the Duwamish River immediately south of the West Seattle Bridge, filed suit against Lone Star Industries on Friday in the Western District of Washington, seeking cost recovery and contribution under CERCLA, MTCA and also asserting various related common law claims…. Continue Reading

New Changes to the Model Toxics Control Act: Addition of Model Remedies, new Brownfields Options, and new Funding Sources

Posted in Cleanup & Superfund, Rule Making, Uncategorized

Right at the end of the last legislative session, the State Legislature passed Substitute Senate Bill 5296, amending Washington’s Model Toxics Control Act, RCW Chapter 70.105D. These amendments are the first significant amendments to MTCA in a while, and hopefully will encourage redevelopment of brownfields in Washington State. Here are what I’d consider the four… Continue Reading

Fish Consumption Issuing Major Sticking Point in Washington Budget Negotiations

Posted in Clean Water Act, Cleanup & Superfund, Emerging Policy, Fish Consumption, Public Health Policy, Rule Making, Water Quality

Erik Smith over at the Washington State Wire just published a great piece on how the fish consumption issue is hanging up budget negotiations in Olympia. This piece, along with Robert McClure’s piece of investigative journalism from a couple months back frame nicely the political component of the fish consumption issue. The current sticking point… Continue Reading

Manufacturers: A New Class of Liability for Cleanup Statutory Schemes?

Posted in Clean Water Act, Cleanup & Superfund, Emerging Policy, Uncategorized, Water Quality

Most people familiar with state cleanup laws or the federal counterpart, CERCLA, are familiar with four general classes of liable parties: 1) Owners or operators of contaminated facilities; 2) Past owners or operators of facilities at the time of release or disposal of hazardous substances; 3) Parties that arranged for disposal of hazardous substances at… Continue Reading

Washington’s Hazardous Substances Tax Upheld by the Washington State Supreme Court

Posted in Clean Water Act, Cleanup & Superfund, Energy Policy

Washington’s Supreme Court issued an opinion today upholding the constitutionality of the hazardous substances tax (“HST”) imposed by the voter-approved Model Toxics Control Act. The HST is imposed by MTCA at a rate of seven tenths of one percent on the first in-state possession of any hazardous substance (including gasoline), calculated on the wholesale value… Continue Reading