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Environmental
This body of law refers to federal and state statutes aimed at protecting or enhancing the environment, preventing pollution, protecting wildlife, conserving water, and generally preventing ecological degradation. Because of the expansive nature of these statutes, it is sometimes difficult for state and federal agencies to provide direct enforcement. Consequently, these statutes often grant to individuals or groups the right to bring legal actions to enforce protections as outlined in the environmental statutes. It is not uncommon for a business to be subject to a lawsuit from a nonprofit organization on behalf of a state law regarding an environmental violation.
Model Toxics Control Act (MTCA):
Enacted under RCW 70.105D, the Model Toxics Control Act (MTCA for short) provides a comprehensive regulatory scheme to control, manage, enforce, and clean up property or real estate which has been contaminated by harmful substances. Though property owners are considered strictly liable for contamination of their property, MTCA contains a section authorizing private rights of action. This means that if someone contaminates your property, MTCA allows you to seek reimbursement for the remediation costs and attorney’s fees through court action.
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA):
Enacted in December 11, 1980, the “Comprehensive Environmental Response, Compensation and Liability Act” established a tax on chemical and petroleum industries and created a Federal authority to handle releases of hazardous substances. According to the EPA's website, CERCLA “established prohibitions and requirements concerning closed and abandoned hazardous waste sites; provided for liability of persons responsible for releases of hazardous waste at these sites; and established a trust fund to provide for cleanup when no responsible party could be identified. [The law authorizes two kinds of response actions] Short-term removals, where actions may be taken to address releases or threatened releases requiring prompt response, and Long-term remedial response actions, that permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life threatening.” CERCLA is MTCA’s federal counterpart.
