Professional Biography

Kelly F. Moser Partner

  • Seattle

    D +1.206.359.8019

    F +1.206.359.9019

    Seattle

    1201 Third Avenue, Suite 4900

    Seattle, WA

    +1.206.359.8019

    KMoser@perkinscoie.com

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OVERVIEW

EXPERIENCE

Experience

Environment, Energy & Resources

Environmental and Health and Safety Compliance Risk Assessments

Assists clients in conducting environmental and health and safety compliance audits, addressing compliance risks and improving environmental management systems.

Incident Response

Counsels clients on incident response, assists in internal client investigations and defends clients in agency enforcement actions.

Permitting

Works with clients to obtain, defend and challenge permits, licenses and other government approvals.

Stormwater Management Guidance and Compliance Counseling

Advises companies in the aerospace, utility and manufacturing industries on stormwater management, compliance and National Pollutant Discharge Elimination System (NPDES) and other stormwater permitting matters.

Industrial Stormwater Enforcement Matters and Appeals

Represent clients before the Pollution Control Hearings Board in appeals of administrative orders issued under the Washington Water Pollution Control Act. Negotiated favorable settlements for clients.

Spokane River TMDLs

Represented a client in connection with the development of TMDLs for dissolved oxygen and PCBs in the Spokane River.

Environmental Due Diligence in Real Estate and Corporate Transactions

Represent a variety of buyers and sellers in evaluating and minimizing environmental issues in corporate and real estate transactions.

Endangered Species Act Litigation

Worked as a staff attorney for the Southern Environmental Law Center, and brought state and federal challenges to North Carolina regulations that risk the illegal take of the last remaining wild population of endangered red wolves.

Contaminated Site Cleanup, Litigation and Multiparty Allocation Proceedings

Lower Duwamish Superfund Site (Seattle, WA)

Represent client company in ongoing multiparty allocation proceeding. Previously negotiated federal Administrative Settlement Agreements and Orders on Consent and state Agreed Orders. Also advised client on preparation of Remedial Investigation/Feasibility Study and other actions related to contaminated sediments.

Gowanus Canal Superfund Site (Brooklyn, New York)

Represent company in ongoing multiparty proceeding regarding historical contamination and the allocation of remedial design and cleanup costs.

The Boeing Company v. United States

Serve as a core member of team that recovered $40.75 million in CERCLA response costs from the United States based on its involvement in an aircraft-manufacturing site during World War II and the Cold War. Managed forensic accounting, attorney, paralegal and document management teams to support substantiation of costs.
Case No. 2:16-cv-02416-TJH-JEM (C.D. Cal. Apr. 20, 2016)

The Boeing Company v. United States

Served as a core member of team that recovered $32.25 Million in CERCLA response costs from the United States based on its involvement in an aircraft-manufacturing site during World War II and the Cold War. Managed forensic accounting, attorney, paralegal and document management teams to support substantiation of costs. Case No. 6:16-cv-01061-EFM-TJJ (D. Kan. Mar. 7, 2016)

United States and State of Missouri v. Teck American Inc.

Represented a 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. Case No. 1:13 cv 00188-CEJ (E.D. Mo. February 7, 2014)

United States v. The Boeing Company

Represented the company in negotiation, approval by federal court and implementation of natural resource damage consent decree with federal, state and tribal trustees concerning the Lower Duwamish Superfund Site. Case No. 2:10-cv-00758-RSM (W.D. Wash. Dec. 14, 2010)

Washington v. Kimberly-Clark Corporation

Represented a former pulp mill operator in negotiation, approval by state court and implementation of environmental cleanup and natural resource damage consent decree with state trustee concerning Fidalgo Bay, WA. Case No. 09-2-01247-7 (Skagit Cnty. Super. Ct. June 12, 2009)

United States v. Puget Sound Energy Inc.

Represented the company in spill response, 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. Case No. 3:08-cv-05710-RBL (W.D. Wash. Feb. 12, 2009)

Palermo Wellfield Superfund Site

Appointed as Special Assistant Attorney General to represent Washington Dept. of Transportation in negotiations with EPA for investigation and cleanup of a Superfund site.

Multiple Representations of Industrial Companies in State and Federal Contaminated Site Cleanups

Represent pulp and paper, utilities and aerospace companies in negotiation and implementation of state agreed orders and federal consent decrees, preparation of remedial investigation/feasibility studies, participation in natural resource damage discussions, responses to agency information requests and other actions related to contaminated sites. Representation has included clients involved in the Model Toxics Control Action sediment cleanups of Port Angeles Harbor (Port Angeles, WA) and Bellingham Bay (Bellingham Bay).

RCRA Corrective Action

Represented an aerospace manufacturer in negotiations with EPA Region 10 and Washington State Department of Ecology over the scope of RCRA corrective action requirements and regulation of stormwater discharges.

Project Permitting & Development

Desert Claim Wind Project

Represented the developer of a 190 MW wind energy project in permitting process through the Washington Energy Facility Site Evaluation Council (EFSEC).

Grays Harbor Energy Center

Represented the owner of a natural gas-fired generating facility in obtaining EFSEC Site Certification Agreement, Prevention of Significant Deterioration (PSD) Permit and NPDES permit for 650 MW expansion of an existing natural gas fired power plant.

PSD Permit Challenge

As staff attorney with the Southern Environmental Law Center, challenged PSD permit issued for a cement kiln proposed for the North Carolina coast.

Federal Indian Water Rights

Klamath River Basin Adjudication

Acting as trial attorney for the U.S. Department of Justice, represented the United States in its trust capacity for Indian tribes in suits establishing water rights in the Klamath River Basin, Oregon.

Appellate

Hatch v. City of Algona

Obtained affirmance of summary judgment in favor of The Boeing Company on the basis of the workers’ compensation exclusivity provisions in Washington’s Industrial Insurance Act. 140 Wash. App. 752, 167 P.3d 1175 (Wash. Ct. App. 2007)

NEWS

PUBLICATIONS & PRESENTATIONS

RELATED INFORMATION

Areas of Focus

Bar and Court Admissions

  • Washington

  • North Carolina

  • U.S. District Court for the District of Columbia

  • U.S. District Court for the Western District of Washington

Education

  • Georgetown University Law Center, J.D.,
    cum laude
    , 2004,
    Senior Editor, The Georgetown International Environmental Law Review
  • Wake Forest University, B.A., Psychology