The United States Environmental Protection Agency filed an action under Sections 106 and 107 of CERCLA, seeking reimbursement of oversight costs and the remediation of a federal Superfund site located in Tacoma, Washington. Approximately 40 Potentially Responsible Parties (PRPs) have worked with local, state and federal agencies to fund and implement investigative and remedial activities at the Site. In addition, the PRPs retained a third party neutral to allocate liability among the responsible parties. The allocation process served as the basis for RD/RA Consent Decree negotiations with EPA. Pending. United States of America v. Boise Cascade Corporation, et al., U.S. District Court, Western District of Washington.

In 1992, the Washington Department of Ecology (WDOE) brought an administrative action to require a cleanup of the Pasco Landfill. Approximately 31 Potentially Liable Parties have entered into an Agreed Order with WDOE to fund and implement investigative and remedial activities at the Pasco site. Pending. In Re Pasco Sanitary Landfill, Washington Department of Ecology No. DE 92TC- E105.

Claim under contract and state hazardous waste statute for damages relating to soil contamination. Settled.

Petroleum distributor tendered pre-suit claim of environmental contamination. Insurer conducted lengthy investigation, prompting actions by the Washington State Department of Ecology and an adjoining property owner. Insurer initially provided a defense but later withdrew. Policyholder brought coverage and extra-contractual claims contending losses of approximately $9,000,000 in lost profits and distribution contracts. Case involved extensive motions and ultimately settled. Insurer then litigated claim by excess insurer who also asserted coverage and extra-contractual claims. Lilyblad Petroleum Corporation v. US Fire Insurance Company, U.S. District Court, Western District of Washington.

Policyholder asserted UIM claim that resulted in arbitration award substantially above UIM limit. Extra-contractual claim was initiated for misrepresentation of limits and violations of Washington State Insurance Commissioner regulations on failure to make adequate offer in clear liability case. Settled with motion to dismiss pending. Boccaccio v. Liberty Mutual Fire Insurance Company, Spokane Superior Court, Washington.

Represented the University of Washington in a class action by certain State Penitentiary inmates who participated in a consensual medical study and alleged that the University investigators failed to disclose risks of cancer in violation of their constitutional rights. Settled. White, et al. v. University of Washington, et al., U.S. District Court, Eastern District of Washington.