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Experience
Environment, Energy & Resources
Key Tronic Corporation v. United States
U.S. Supreme Court
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Eastern District of Washington
Represented Key Tronic at trial, on appeal and at the U.S. Supreme Court in action defining recovery of attorneys' fees under CERCLA. 766 F. Supp. 865 (E.D. Wash. 1991), rev'd, 984 F. 2d 1025 (9th Cir. 1993), aff'd in part, rev'd in part, 511 U.S. 809 (1994)
Georgia-Pacific Consumer Products LP v. NCR Corp., et al.
U.S. Supreme Court
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Western District of Michigan
Represented former paper mill owner in CERCLA action regarding Allied Paper Inc./Portage Creek/Kalamazoo River Superfund Site in two trials, appeal, and opposition to cert petition. Defeated petition for rehearing and rehearing en banc on appeal. 358 F. Supp. 3d 613 (W.D. Mich. 2018); 980 F. Supp. 2d 821 (W.D. Mich. 2013), 32 F.4th 534 (6th Cir. 2022); 40 F.4th 481 (6th Cir. 2022); 144 S.Ct. 69 (2023)
TDY Holdings, LLC v. United States
U.S. Court of Appeals for the Ninth Circuit
Represented amicus curiae in a successful appeal, resulting in the reversal of a district court decision that had allocated 0% CERCLA responsibility to the United States. 885 F.3d 1142 (9th Cir. 2018)
Snoqualmie Valley Preservation Alliance v. United States Army Corps of Engineers and Puget Sound Energy, Inc.
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Western District of Washington
Represented defendant-intervenor in a challenge to permit for a hydroelectric project. Won dismissal of lawsuit and affirmance of the judgment. 2011 WL 1215605 (W.D. Wash.), aff’d, 683 F.3d 1155 (9th Cir. 2012)
Snoqualmie Indian Tribe v. Federal Energy Regulatory Commission
U.S. Court of Appeals for the Ninth Circuit
Successfully defended a challenge to the Federal Energy Regulatory Commission license for hydroelectric project. 545 F.3d 1207 (9th Cir. 2008)
The Boeing Company v. Cascade Corporation
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the District of Oregon
Recovered past environmental response costs and future costs in CERCLA contribution action against a neighboring landowner. 920 F. Supp. 1121 (D. Or. 1996), aff'd, 207 F.3d 1177 (9th Cir. 2000)
The Boeing Company v. United States
U.S. District Court for the Central District of California
U.S. District Court for the Western District of Washington
U.S. District Court for the District of Kansas
Recovered $131 million in CERCLA response costs from U. S. government based on its involvement at four aircraft manufacturing sites during World War II and Cold War. Case No. 2:20-06601-CBM-PD (C.D. Cal. Oct. 2, 2020); Case No. 2:18-cv-00567-JCC (W.D. Wash. Dec. 20, 2018); Case No. 2:16-cv-02416-TJH-JEM (C.D. Cal. Apr. 21, 2016); Case No. 6:16-cv-01061-EFM-TJJ (D. Kan. Mar. 7, 2016)
Northern States Power Company v. L.E. Myers Co.
U.S. District Court for the Western District of Wisconsin
Represented defendant in CERCLA contribution action regarding Ashland/Northern States Power Lakefront Superfund Site. 2015 WL 1243597 (W.D. Wis. March 18, 2015)
United States and State of Missouri v. Teck American Inc.
U.S. District Court for the Eastern District of Missouri
Represented mining company in negotiation, approval by federal court, and implementation of natural resource damage consent decree with federal and state trustees concerning Viburnum Trend in Southeast Missouri. No. 4:13 cv 02548 (E.D. Mo. February 17, 2014)
In re Lyondell Chemical Company
U.S. Bankruptcy Court for the Southern District of New York
Challenged bankruptcy settlement discharging CERCLA and state law liability concerning the Allied Paper Inc./Portage Creek/Kalamazoo River Superfund Site. 442 B.R. 236 (Bankr. S.D.N.Y. 2011)
United States and State of Washington v. The Boeing Company
U.S. District Court for the Western District of Washington
Represented the company in negotiation, approval by federal court, and implementation of natural resource damage consent decree with federal, state, and tribal trustees concerning Lower Duwamish Superfund Site. No. 10-758RSM (W.D. Wash. Dec. 17, 2010)
State of Washington v. Kimberly-Clark Corporation
Superior Court of Washington, Skagit County
Represented former pulp mill operator in negotiation, approval by the state court, and implementation of environmental cleanup and natural resource damage consent decree with state trustee concerning Fidalgo Bay, WA. No. 09-2-01247 (Skagit Cnty. Super. Ct. June 12, 2009)
United States v. Puget Sound Energy, Inc.
U.S. District Court for the Western District of Washington
Represented utility in negotiation, approval by federal court, and implementation of natural resource damage consent decree with federal, state, and tribal trustees concerning an oil spill in Silver Creek. No. 08-5710RBL (W.D. Wash. Feb. 12, 2009)
United States v. Newmont Mining Corporation and Dawn Mining Company
U.S. District Court for the Eastern District of Washington
Represented former mine operator in CERCLA action concerning mining site in which a former operator established the liability of the United States. 504 F. Supp. 2d 1050 (E.D. Wash. 2007)
City of Moses Lake v. The Boeing Company
U.S. District Court for the Eastern District of Washington
Represented manufacturer in action involving CERCLA, Model Toxics Control Act (MTCA), and common-law claims related to alleged contamination of municipal wells. Multiple claims dismissed through summary judgment. 430 F. Supp. 2d 1164 (E.D. Wash. 2006)
Car Wash Enterprises Inc. v. Kampanos, et al.
Washington Court of Appeals, Division I
Represented amici in MTCA action upholding the right to contractually allocate environmental liabilities. 874 P.2d 868 (Wash Ct. App. 1994)
United States v. Western Processing Company; The Boeing Company v. A & A Anderson Tank Service Ltd.
U.S. District Court for the Western District of Washington
Represented plaintiff in the prosecution of CERCLA and MTCA action against 55 defendants; resolved through summary judgment and settlements. 761 F. Supp. 725 (W.D. Wash. 1991)
Lower Duwamish Superfund Site (Seattle, WA)
Represented company regarding multiparty allocation proceeding, implementation of natural resource damage consent decree, federal Administrative Settlement Agreements and Order on Consent (ASAOC) and state Agreed Order, preparation of Remedial Investigation/Feasibility Study (RI/FS), review of Record of Decision (ROD) and other actions related to contaminated sediments.
Portland Harbor Superfund Site (Portland, OR)
Represented company regarding multiparty allocation proceeding, negotiation of federal ASAOC and state Voluntary Agreement, preparation of RI/FS, participation in natural resource damage negotiations and other actions related to contaminated sediments.
Kalamazoo River Superfund Site (Michigan)
Represented former paper mill owner in negotiation and implementation of CERCLA consent decree, preparation of RI/FS, implementation of emergency response and remeditation, participation in natural resource damage negotiations, and other actions related to contaminated sediments.
Holden Mine Site (Chelan County, WA)
Represented successor to the mine owner in defense of natural resource damage claims asserted by federal, state and tribal natural resource trustees.
Diamond Alkali Superfund Site/Passaic River (NJ)
Defended company in New Jersey Spill Compensation and Control Act action regarding contaminated sediments.
Montrose – Del Amo Superfund Site (Torrance, CA)
Represented former manufacturer in negotiation of multiparty CERCLA consent decree.
Santa Susana Field Laboratory (Ventura County, CA)
Represented government contractor regarding allocation of investigation and cleanup costs in connection with radiological and chemical contamination associated with federal rocket testing and nuclear testing programs.
Port Angeles Harbor (Port Angeles, WA)
Represented former pulp mill owner in negotiation and implementation of state Agreed Orders, preparation of RI/FS, negotiation of natural resource damage settlement and other actions related to contaminated sediments.
City of Fresno v. The Boeing Company, et al. (Fresno, CA)
U.S. District Court for the Eastern District of California
Represented manufacturer in action involving CERCLA, Hazardous Substance Account Act, and common law claims related to alleged contamination of municipal wells.
Commencement Bay Superfund Site (Tacoma, WA)
Represented a company in negotiation and federal court approvals of a CERCLA consent decree and natural resource damage consent decree with federal, state, and tribal trustees.
Tulalip Landfill Superfund Site (Snohomish County, WA)
Represented chemical company in negotiation and federal court approvals of a CERCLA consent decree and natural resource damage consent decree with federal, state, and tribal trustees.
United States v. Chem-Dyne Corporation (Hamilton, OH)
U.S. District Court for the Southern District of Ohio
Represented United States in negotiation and federal court approval of CERCLA consent decree.
CERCLA Cost-Recovery and Contribution Actions
Represented plaintiffs and defendants in CERCLA cost-recovery and contribution actions in federal courts throughout the country.
Model Toxics Control Act Actions
Represented plaintiffs and defendants in MTCA actions in federal and state courts throughout the state of Washington.
Clean Water Act
Represented clients in water quality matters, including water quality standards, stormwater permits, and total maximum daily loads, conducting audits, obtaining permit coverage, achieving and maintaining compliance, and negotiating orders with regulatory agencies.
Enforcement Actions
Represented companies in defense of a variety of enforcement actions by federal, state and local agencies.
Citizen Suits
Represented companies in defense of a variety of citizen suits.
Perfluoroalkyl and Polyfluoroalkyl Substances
Advised clients regarding investigation and cleanup of PFAS in soil, groundwater, stormwater, and surface water, and represent clients in litigation regarding PFAS
Climate Change
Climate Change
Advised companies in the development and implementation of strategies regarding climate change.
Land Use
National Wildlife Federation v. Federal Emergency Management Agency (FEMA) and National Association of Home Builders
U.S. District Court for the Western District of Washington
Represented intervenor in litigation involving a claim that FEMA's flood insurance program violated the Endangered Species Act.
City of Orting v. Cascadia Development Corporation
Washington State Court of Appeals
Represented project proponent in appeal of trial court decision invalidating a Master Developer Extension Agreement.
CRANE v. United States and State of Washington
U.S. District Court for the Western District of Washington, Pollution Control Hearings Board
Represented a nonprofit organization in a series of cases under the CWA, NEPA, State Environmental Policy Act (SEPA), ESA, and Coastal Zone Management Act.
Washington Shellfish Inc. v. Pierce County LLC
Washington State Court of Appeals
Represented shellfish grower in an appeal involving the lease of tidelands for shellfish cultivation.
Compliance, Permitting, Redevelopment & Environmental Health & Safety Audits
Permitting
Worked with clients to obtain and defend permits, licenses, and other required government approvals.
Compliance
Assisted clients in achieving and maintaining compliance with federal, state, and local regulatory requirements.
Environmental Audits
Conducted audits of client facilities, operations, and systems.
Brownfields Redevelopment
Represented buyers and sellers in transactions for the redevelopment of contaminated properties.
Due Diligence
Participated in due diligence in connection with real estate and corporate transactions.
Environmental Management Systems
Developed, implemented, and oversaw environmental management systems.
Investigations & White Collar Defense
Confidential Client
Represented client in an internal investigation and criminal defense concerning alleged failure to report the event to agencies.
Confidential Client
Represented client in an internal investigation and criminal defense concerning alleged unlawful disposal of materials.
Confidential Client
Represented client in an internal investigation and criminal defense concerning hazardous substances spill.
Confidential Client
Represented client in an internal investigation concerning the alleged unlawful discharge of pollutants.
Insurance Coverage
Port of Edmonds v. ACE
Superior Court of Washington, Snohomish County
Represented policyholder in an environmental insurance coverage action against primary and excess insurers.
Green Diamond v. General Insurance Company
Represented policyholder in an environmental insurance coverage action against primary and excess insurers.
Bainbridge Marine Services Inc. v. Chubb Insurance
Represented policyholder in an environmental insurance coverage action against primary and excess insurers.
Omega Environmental Inc. v. CNA Insurance Company
Represented policyholder in an environmental insurance coverage action.
