Summary

• Jurisdiction: Washington

Chapter Details

Summary

§14.1	Introduction
§14.2	Background
§14.3	CERCLA Actions
(1) Who Is a Potentially Responsible Party? (2) What Cleanup Costs Are Recoverable? (a) Consistency With the NCP (b) "Necessary Costs of Response" (3) Defenses to Liability (4) Whether Cost Recovery or Contribution Is Appropriate (5) How to Apportion Liability (a) Cost Recovery Actions (b) Contribution Actions (6) Settlement Effects (7) Timing of Contribution/Cost Recovery Actions
§14.4	MTCA Actions
(1) Similarities to CERCLA (2) Key Distinctions From CERCLA
§14.5	RCRA Actions
§14.6	Common-Law Claims to Recover Cleanup Costs
§14.7	Conclusion

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Mark W. Schneider is a partner in the Seattle office of Perkins Coie LLP and the firm-wide chair of the Energy and Environmental Litigation Group. He is a Fellow of the American College of Environmental Lawyers and is rated as a Band One lawyer by Chambers USA. In over 25 years of legal practice, he has focused on environmental, energy, natural resources, and land use counseling and litigation. Mr. Schneider previously served as a trial attorney in the Environment and Natural Resources Division of the U.S. Department of Justice and, before that, a judicial law clerk for the Honorable Jerome Farris of the Ninth Circuit Court of Appeals.

Kelly F. Moser is senior counsel for Perkins Coie LLP. Ms. Moser obtained her J.D. cum laude from Georgetown University Law Center. She previously served as a staff attorney at the Southern Environmental Law Center and, before that, as a trial attorney in the Environment and Natural Resources Division of the U.S. Department of Justice.

Julie A. Wilson-McNerney is an associate in the Seattle office of Perkins Coie LLP who deals with CERCLA and MTCA cost-recovery actions in her practice. Ms...