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PACIFIC SOUND RESOURCES v. BNSF, RAILWAY CORP.

No. 54491-8-I.

125 P.3d 981 (2005)

130 Wash.App. 926

PACIFIC SOUND RESOURCES, a Washington non-profit corporation; and The Port of Seattle, a Washington municipal corporation, Appellants, v. BURLINGTON NORTHERN SANTA FE RAILWAY CORP., a Delaware corporation; J.M. Colman Co., a Washington corporation and successors; Pacific Creosoting Co., a Washington corporation and successors; J.H. Baxter & Co., a California limited partnership; J.H. Baxter & Co., a California corporation; and J.H. Baxter & Co., Inc., a California corporation, Respondents.

Court of Appeals of Washington, Division 1.

December 27, 2005.

Attorney(s) appearing for the Case

David Devalois Dicks, Cascadia Law Group, Gillis Edward Reavis, Foster Pepper & Shefelman PLLC, Seattle, WA, Jennifer Tanya Barnett, Cascadia Law Group, Olympia, WA, for Appellants.

Thomas Dean Adams, Deborah Lynn Carstens, Jerret E. Sale, Bullivant Houser Bailey PC, James Carl Hanken, Attorney at Law, Seattle, WA, John Barg, Marc Zeppetello, Barg, Coffin, Lewis, Trapp, San Francisco, CA, for Respondents.

Kristie Elizabeth Carevich, Atty Generals Office/Ecology Division, Olympia, WA, Steven J. Thiele, Stoel Rives LLP, Seattle, WA, for Amicus Curiae on behalf of Washington Department of Ecology.

Christa L. Thompson, Attorney at Law, Atty Gen Office Nat. Res. Div., Olympia, WA, for Amicus Curiae on behalf of United States.

SCHINDLER, J.

¶ 1 A contribution claim under Washington's Model Toxics Control Act (MTCA) for recovery of cleanup costs against other potentially liable persons must be brought within three years "from the date remedial action confirms cleanup standards are met."1 While the Legislature broadly defines "remedial action," it did not define what action "confirms" when cleanup standards are met...

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