Tag: Remediation

Cleaning Up the Cleanup Rule – Previewing Possible Changes to MTCA Regulations

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Gus Winkes*

For the first time in nearly 20 years, the Department of Ecology (Ecology) is undertaking substantial revisions to the Cleanup Rule, which governs contaminated site cleanups under the Model Toxics Control Act (MTCA).[1] This article provides a brief overview of Ecology’s rulemaking process and draft preliminary changes considered to date by the MTCA Stakeholder and Tribal Advisory Group (STAG).[2] Ecology intends to propose rule amendments in the summer of 2021.[3] 

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Atlantic Richfield Co. v. Christian Viewed Through a Tribal Lens

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Connie Sue Martin*

On April 20, 2020 the United States Supreme Court issued its decision in Atlantic Richfield Co. v. Christian (ARCO),[1] a case involving landowners who sought to use Montana state law claims to compel Atlantic Richfield to perform a more extensive cleanup than EPA required under CERCLA. Many commentators have written about the case, but little has been said about what ARCO means for CERCLA sites where Indian tribes have interests. Pro tip: neither ARCO nor CERCLA preclude tribes from forcing a more extensive cleanup than EPA has deemed sufficient.

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