White Paper

5 Pages
  • 5 Pages

Port of Ridgefield Sues Railroad, Takes Nothing Under MTCA


Site contamination from former wood treating operation...did the Port pay its fair share?

In February 2019, a court decision was made that assigned cleanup costs for a contaminated site, however the decision demonstrates multiple challenges with fairly splitting response costs and displays important strategic maneuvering which often occurs between responsible parties, public officials and regulatory agencies. This white paper reviews this decision and the remedial efforts and public funding arrangements



Augustus E. Winkes

Beveridge & Diamond PC

Augustus E. Winkes is an associate with Beveridge & Diamond PC. Gus focuses his practice on contaminated site cleanup and litigation under CERCLA and state superfund statutes. He also advises clients on regulatory compliance and defends enforcement actions under federal and state water quality, air quality, and climate change laws.

Tracy Y. Williams

Beveridge & Diamond PC

Tracy Y. Williams in an associate in the Seattle office of Beveridge & Diamond PC. She advises clients on compliance with federal and state environmental laws, with an emphasis on site remediation. She has over ten years of experience with Model Toxics Control Act (MTCA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and Clean Water Act (CWA) matters – identifying cost-effective compliance solutions, assisting clients with due diligence processes, determining liability and addressing insurance issues, and negotiating settlements.

Tracy represents manufacturers, non-profit entities, and individual clients in both federal and state courts throughout Washington State. She negotiates with state and federal regulatory agencies regarding cleanup of contaminated sediments, soil, and groundwater sites and advises clients on remediation at complex multi-party sites involving polycyclic aromatic hydrocarbons, total petroleum hydrocarbons, polychlorinated biphenyls and volatile organic compounds.

Tracy’s experience includes assisting clients with preparing stormwater pollution prevention plans and submitting discharge monitoring reports to the Washington Department of Ecology as well as resolving CWA citizen suits.

Tracy is a member of the American Bar Association, Washington State Bar Association, and the King County Bar Association. She is former Chair of the King County Bar Association Environmental and Land Use Section.

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