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.
Counsels clients on incident response, assists in internal client investigations and defends clients in agency enforcement actions.
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.
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
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)
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)
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)
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)
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
Represented the developer of a 190 MW wind energy project in permitting process through the Washington Energy Facility Site Evaluation Council (EFSEC).
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.
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)