ELR Citation: 41 ELR 20073
No(s). 64102-6-I (Wash. Ct. App Jan 18, 2011)

A Washington appellate court held that the former owners of contaminated property may be held liable under the state's Model Toxics Control Act (MTCA). Fifteen years after the former owner sold the property to a port, the port notified the former owners that they were potentially liable parties under the MTCA. The purchasing agreement provided for the former owners to indemnify the port for three years after the date of sale for any liability incurred by the port arising from the discovery and cleanup of hazardous substances existing on the property before the date of the sale. The former owners therefore argued that the agreement barred any MTCA contribution action. But the agreement did not manifest a mutual intent to allocate MTCA liability after the termination of the three-year period of indemnity. And because the evidence did not create a genuine issue of material fact, the court affirmed the lower court's ruling on summary judgment in the port's favor.