Publications
-
07.20.2022Just Short of a Rule: Washington State’s Recommendations on PFAS Cleanup LevelsUpdatesThe Washington State Department of Ecology recently released a focus sheet that provides Ecology’s recommended soil and groundwater cleanup levels for a group of chemical compounds known as per- and polyfluoroalkyl substances.
-
07.13.2020Washington State Department of Ecology Unveils Expedited Voluntary Cleanup ProgramUpdatesIn April 2019, the Washington legislature amended the Model Toxics Control Act (MTCA) to allow the Washington State Department of Ecology to create an expedited version of the existing Voluntary Cleanup Program (VCP).
-
04.06.2020Washington Pollution Control Hearings Board Rules Ecology Exceeded Its Authority Under CWA, Invalidates NPDES Permit ConditionUpdatesWashington state’s Pollution Control Hearings Board ruled on February 26 that the Washington Department of Ecology exceeded its Clean Water Act authority by inserting a permit condition in the Aquatic Mosquito Control General Permit, which required compliance with the Endangered Species Act.
-
05.28.2019Washington State Legislature Increases Hazardous Substance Tax, Providing Additional Funds to Address Contaminated SitesUpdatesThe Washington Legislature narrowly passed SB 5993, which increases the tax on petroleum that primarily funds the state’s contaminated site cleanup program, protects the funds from being used for other purposes and amends the state’s cleanup law, the Model Toxics Control Act, to expand the Washington State Department of Ecology’s authority to issue cleanup grants.
-
01.2019Practice Tip: Tools for Redevelopment of Contaminated PropertiesArticles
Real Property, Probate & Trust, Winter 2019, Vol. 45, Number 4
Redeveloping property contaminated by our industrial past — known as “brownfield development” — is complex, expensive, and risky. But, with some changes to Washington’s cleanup law, there are tools for developers to pay for cleanups and reduce risk. New, groundbreaking projects show these tools can provide significant benefits to developers. This practice tip briefly describes contaminated site liability and how these tools can address that liability.
-
06.05.2018Washington Supreme Court Narrows “Owner or Operator” Liability, Exempts DNR From Cleanup Law LiabilityUpdatesIn a decision issued last month, the Washington Supreme Court narrowed “owner or operator” liability under the Model Toxics Control Act.
-
01.09.2017Potential Expansion of MTCA to More Owners/Operators of Contaminated Property in WashingtonUpdates
The Washington State Court of Appeals recently held the Department of Natural Resources liable as an operator or owner of a contaminated site under the Model Toxics Control Act, RCW 70.105D, in Pope Resources, LP v. Wash. Dept. of Natural Resources.
-
08.31.2016Significant Changes to Washington State’s Voluntary Cleanup ProgramUpdatesThe Washington State Department of Ecology recently rolled out significant changes to its Voluntary Cleanup Program.
-
06.23.2016Implications of New Lautenberg Act’s Sweeping Changes to Toxic Substances Control ActUpdatesPresident Obama signed HR 2576, the Frank Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), into law on June 22, 2016.
-
Implementing Institutional Controls at Brownfields and Other Contaminated SitesArticles
ABA Washington Chapter, Second Edition
Presentations
-
11.03.2022Contaminated Property Liability in Washington: Liability Structures and Tools for DevelopersSpeaking EngagementsLaw Seminars International / Virtual
-
10.28.2021
-
10.14.20212021 Northwest Remediation Conference—Putting Properties Back into UseSpeaking EngagementsNEBC / Virtual
-
08.25.2021Contaminated Properties in the Northwest: Navigating the Redevelopment Process—Affordable Housing RedevelopmentSpeaking EngagementsThe Seminar Group / Virtual
-
09.12.2019MTCA Amendments 2019—Key Changes to MTCA Accounts & Grant AuthoritySpeaking EngagementsAdvanced Superfund Conference Presentation / Seattle, WA
-
05.30.2019Mt. Baker Housing’s Maddux Project—Affordable Housing Brownfield Case StudySpeaking EngagementsWashington State Brownfields Conference / Spokane, WA
-
12.06.2018Brownfield Properties—Contaminated Site Liability & DevelopmentSpeaking EngagementsThe Washington Uniform Common Interest Ownership Act (WUCIOA) became effective July 1, 2018 and created a new chapter in the Revised Code of Washington that governs the formation, management, and termination of “Common Interest Communities” created after July 1, 2018.
-
09.28.2017Mt. Baker Gateway Project: Innovative Affordable Housing Brownfield RedevelopmentSpeaking Engagements
Seattle, WA
Law Seminars International CLE -
09.21.2017Navigating Washington's Children's Safe Products ActSpeaking Engagements
Seattle, WA
International Consumer Products Health and Safety Organization Conference -
06.15.2017Brownfield Redevelopment: Overview, Barriers And Potential Policy ChangesSpeaking EngagementsEdmonds, WA
Puget Sound Partnership, Ecosystem Coordination Board
-
03.01.2017Federal And State Environmental Regulation In The Trump EraSpeaking EngagementsSeattle, WA
Manufacturing Industry Council
-
10.04.2016Brownfield Property Cleanup: Funding OptionsSpeaking EngagementsSeattle, WA
NEBC Northwest Remediation Conference
-
02.24.2016Stormwater Enforcement In Washington: What Business Should KnowSpeaking EngagementsSeattle, WA
-
04.22.2015Contaminated Properties: What Real Estate Professionals Should KnowSpeaking EngagementsSeattle, WA
Univ. of Washington School of Law, Commercial Real Estate Class -
12.11.2014New Tools for Brownfield DevelopmentSpeaking EngagementsSeattle, WASeminar for the Puget Sound Regional Council
-
11.14.2014Recovering Cleanup Costs: A Playbook For School DistrictsSpeaking EngagementsSeattle, WASchool District Construction Workshop presentation
-
10.15.2014Urban Infill on Contaminated PropertiesSpeaking EngagementsSeattle, WAPanel discussion at NAIOP
-
10.01.2014Brownfields RedevelopmentSpeaking EngagementsSeattle, WAUrban Land Institute presentation
-
06.25.2014New Tools for Brownfield DevelopmentSpeaking EngagementsSeattle, WASeminar for local government staff
-
04.29.2014Progress Toward Updated Water Quality StandardsSpeaking EngagementsSeattle, WAUpdate on Puget Soundkeeper Alliance v. EPA et. al. and the State of Washington for Manufacturing Industry Council
-
07.2012CERCLA and MTCA 101Speaking EngagementsKing County, WAPresentation for local governments.