The Supreme Court holds that to be liable as a facility operator under MTCA, a person must direct the working of, manage, or conduct the affairs of a facility.
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MTCA
Mike Gillett
MTCA investigative costs recoverable in private action even if cleanup levels are not exceeded
The Washington Supreme Court holds that the Model Toxics Control Act (MTCA) allows a private party to recover investigative costs, such as the cost of soil testing, as long as those costs are the substantial equivalent of a remedial action conducted by the Department of Ecology.