Anchorage 

Represented prime contractor on claims brought by subcontractor on federal government project.

Representation of Alaska Native Corporation in environmental issues associated with development of former Navy military base.

Appeal of local improvement district formation and assessments.

Defense of pulp mill in Clean Water Act citizen suit litigation.

Represented owner in preparation of construction contract.

Ongoing defense of oil companies in federal/state contaminated sites proceedings.

Defense of sawmill operator in federal PSD enforcement case.

Representation of sawmill operator in closure of manufacturing facilities and landfills located on Metlakatla Indian Reservation.

Successful ruling on cross-motions for entitlement. ASBCA Nos. 53445, 53573, 2002 WL 746036 (2002)

Representation of utility in dispute regarding post-sale cleanup of power plant site.

Defense of timber company against threatened federal and State natural resources damages claims involving bark deposition in marine waters.

Summary judgment granted dismissing three out of five of plaintiff's claims. 

Ongoing defense of Alaska Native Corporation in contaminated site proceeding involving federal and private PRPs.

Contract claim under state procurement code.

Summary dismissal of wrongful termination claims. 

Ongoing representation of PacRim Coal in project to develop tidewater surface coal mine in the Western Cook Inlet area.

Represent electrical contractor in contract negotiations and claims.

Represented City in multi-party dispute with differing site condition claims, claims for breach of implied warranty, and defecting construction on $15 million deep water dock.

Representation of Flint Hills Resources in permitting of proposed refinery project to meet ultra low sulfur fuel standards.

Advised Alaska oil exploration company on Clean Water Act jurisdictional issues associated with tundra on the North Slope of Alaska.

Affirmed summary judgment for employer rejecting challenge to employment preference for shareholders of Alaska Native Corporation. 2011 WL 186 9957 (9th Cir. 2011)

Representation of cruise ship company regarding Alaska and federal regulation of wastewater discharges.

Summary judgment for employer. The court found that the employee did not engage in protected activity when he disobeyed supervisor’s directive to stop work, even though employee believed he was alleviating a safety risk. 272 F. Supp. 2d 850 (D. Alaska 2003)

Successful summary dismissal of tug boat operator's claim for failure to provide reasonable accommodation under the ADA.

Represent financial institutions, mining, and oil and gas companies in due diligence and transactions involving Alaskan projects and companies.

Successfully defended the university in a class action discrimination lawsuit.

Defense of road builder in wetlands enforcement case.

Obtained reversal and order of JMOL dismissing claim of breach of covenant of good faith and fair dealing in employment contract. Court found that discharging employee because of personality conflict with supervisor does not breach covenant of good faith and fair dealing.  973 P.2d 1137 (Alaska 1999)

Representation of industry trade associations in proceedings regarding establishment of EFH in Alaska.

Representation of mining company in sale of historical mining in holding properties to the National Park Service.

Affirmance of summary judgment that airline was not required to pay overtime under the Alaska Wage and Hour Act for employee work performed under flexible work hour plan where the plan was included in a collective bargaining agreement. 963 P.2d 1015 (Alaska 1998)

Representation of prior owner of industrial facility in bankruptcy proceeding involving significant contaminated sites issues.

Represented MWH Engineers in multi-party litigation arising out of Lake Dorothy Hydro Project in Southeast Alaska.

Defense of CWA enforcement case involving unpermitted discharges.

Ongoing representation of Greens Creek Mine in NPDES permitting and compliance issues.

Representation of helicopter company in issues regarding noise, land use restrictions, and threatened local regulation of helicopter flight paths.

Represented general contractor in claims arising out of the construction of the Homer High School. 969 F.2d 796 (9th Cir. 1992)

Representation of pulp mill in NPDES permit adjudications involving multiple administrative appeals to the EPA Environmental Appeals Board.

Representation of oil company in OSHA and EPA proceedings involving asbestos removal from oil pipelines.

Representation of timber company in resolution of suspension and debarment issues before EPA's Suspension and Debarment Division.

Defense of timber company in Forest Service enforcement of CERCLA at landfill facilities located in Tongass National Forest.

Defense of manufacturer in contaminated site claims at Missouri landfill.

Inclusion of an interest arbitration clause in collective bargaining agreement was a non-mandatory bargaining subject, even when union was prohibited from striking, and union’s insistence on bargaining for clause was an unfair labor practice. 971 P.2d 156 (Alaska 1999)

Representation of utility in NEPA and permitting issues concerning development of power intertie across federal lands.

Defense of challenge to tailings facility in federal courts, and ongoing representation of mine owner in development of proposed hard rock mine.

Representation of pulp mill in conversion of pulping process to elementally chlorine-free and permitting one-mile extension of wastewater discharge outfall into a new receiving waterbody.

Defense of pulp mill in various EPA and State contested administrative proceedings involving spills of process wastewater, NPDES and 401 certification issues, asbestos NESHAPs compliance, TSCA PCBs compliance, and CAA compliance.

Defense of pulp mill in negotiation and implementation of civil and criminal CWA/CAA settlements and resolution of suspension and debarment issues before EPA's Suspension and Debarment Division.

Defense of timber company in DRR and CERCLA/State Superfund closure, investigation, and cleanup of twenty-four remote logging camp facilities; settlements negotiated under AOCs and CERCLA Consent Decree.

Defense of heavy construction company in EPA SPCC/FRP enforcement action and concurrent State criminal enforcement regarding oil contamination.

U.S. Supreme Court, Argued
U.S. Supreme Court established right of due process before termination of utility service. 436 U.S. 1 (1978)

Ongoing representation of developer of private military housing on military bases in Alaska.

Ongoing representation of Ormat Inc. in exploration and related proceedings to develop a remote geothermal power plant.

Representation of Niblack Mining Corporation in advanced stage exploration of hard rock minerals property and challenge to proposed Wild & Scenic Rivers Act designations.

Defense of manufacturer in federal court regarding contaminated dry cleaning site.

Government contract claim. 27 Fed. Cl. 425, 1992 WL 389710 (Fed. Cl.)

Representation of BP in permitting issues concerning development of offshore North Slope oil field.

Representation of Alaska Forest Association in NPDES permitting matters before EPA and State of Alaska.

Representation of Alaska Oil and Gas Association on issues relating to proposed revisions to State oil spill contingency plan regulations.

State courts in Alabama, Alaska, Arizona, Illinois, Iowa, Kansas, Kentucky, Mississippi, New Jersey, New York, Pennsylvania, and Wisconsin.
National coordinating and trial counsel in defense of nationwide consumer protection class action, parens patriae, antitrust and false claims act challenges to pharmaceutical pricing.
431 F. Supp. 2d 98 (D. Mass. 2006); 339 F. Supp. 2d 165; 321 F. Supp. 2d 187; 309 F. Supp. 2d 165; 307 F. Supp. 2d 196 (D. Mass. 2004); 230 F.R.D. 61 (D. Mass. 2005)

Summary dismissal of employee claims of constructive discharge and breach of covenant of good faith and fair dealing. 

Ongoing representation of mine in NPDES permit and compliance issues.

Representation of timber companies in appeal to Superior Court of denial of Alaska Coastal Zone consistency determination for storage of log rafts in State waters.

Representation of oil company in challenge by environmental NGOs to oil spill contingency plan.

Affirmance of summary judgment rejecting claims resulting from dismissal of city police chief. 
936 P.2d 126 (Alaska 1997)

Advise architects in procurement issues and negotiation of project delivery documents for Dena'ina Convention Center, Anchorage, Alaska.

Defended DOT/PF in arbitration over delay claims from construction of maximum security prison.

Employer prevailed in a claim brought by discharged employee under whistleblower protection provisions of several federal environmental statutes. ALJ Feb. 26, 2003, USDOL/OALJ Reporter, 2000-CAA-7

Representation of construction company to recover costs of cleanup and delay damages incurred in response to discovery of pre-existing contaminated soil during school construction project.

Representation of Alaska Native Corporation in contaminated site proceeding involving federal and private PRPs.

Affirmance of summary judgment for Federal Express in wrongful discharge claim.  1997 WL 464628 (9th Cir. 1997)

Representation of oil company on issues concerning off-site contamination of groundwater.

Representation of timber companies and municipalities in issues in federal appeals concerning federal timber supply and access to federal lands.

Representation of mine owner in permitting and ACMP review of proposed cross-border mine.

Overturning arbitration award against the University because arbitrator’s decision was a gross error. 2004 WL 2486270 (Alaska 2004); 64 P.3d 823 (Alaska 2003)

Ongoing defense of Alaska Native Corporation involving cleanup of historical mining properties.

Representation of utility in due diligence and potential acquisition of utility facility contaminated by petroleum spills.

Represent supplier in delay claim arising out of military hospital project at Elmendorf Air Force Base, Anchorage, AK. No. 3AN-03-07885

Defense of pulp mill in joint State/EPA enforcement of CERCLA claims for remediation of industrial property and adjacent marine sediments.

Representation of BHP Billiton in exploration of coal resources in Northwest Alaska.

Represented the borough in a due process/wrongful demotion claim. 787 F. Supp. 907 (D. Alaska 1992)

Defense of Alaska Native Corporation in contested contaminated site proceeding involving federal, municipal, and private PRPs.

Defense verdict in jury trial for a Title VII retaliation claim.