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Experience
Litigation and Administrative Proceedings
Port of Seattle v. The Boeing Company
Represent company in CERCLA and MTCA suit seeking allocation of costs to address contamination in the Lower Duwamish Waterway. Case No. 2:22-cv-00993-JLR (W.D. Wash., pending)
United States v. The Boeing Company
Defend company in CERCLA suit brought on behalf of U.S. Navy to recover cleanup costs at Naval Weapons Station Seal Beach site in Seal Beach, California. Case No. 2:22-cv-00485-LK (W.D. Wash., pending)
Stanford University v. Agilent Technologies, Inc. et al.
Represent university in claims under CERCLA and California state tort law brought against former ground lessees Agilent and Hewlett Packard relating to historical solvent and PCB contamination on Stanford-owned property. Case No. 3:18-cv-01199-VC (N.D. Cal., settlement pending)
Buchanan v. Simplot Feeders and Tyson Fresh Meats
Represent Tyson in nuisance suit alleging Tyson’s operations caused adverse impacts at and near plaintiffs’ residence and farm. Case No. 4:19-cv-05209-TOR (E.D. Wash., pending)
BSRE Point Wells v. Paramount of Washington, et al.
Represent Paramount in MTCA and contract dispute regarding remediation of property owned by BSRE. Case No. 20-2-01578-31 (Snohomish County Superior Court, pending)
Community Association for Restoration of the Environment v. Sunnyside Dairy
Represent and successfully settle RCRA suit brought against Dairy alleging soil and groundwater contamination resulting from handling of manure and other Dairy operations. Case No. 1:20-cv-03128-TOR (E.D. Wash.)
18317 Bothell Investment Partners LLC v. Northshore School District and City of Bothell
Represent school district in Model Toxics Control Act litigation involving contaminated property once owned by the District and sold to the City of Bothell. Case No. 18-2-09464-0 SEA (King County Superior Court)
Kalispel Tribe of Indians and Spokane County v. United States Department of the Interior
Represent County in challenge to Department’s decision to approve new Spokane Tribe casino. (E.D. Wash., Case No. 17-cv-00138-WFN)
The Boeing Company v. United States of America
Recovered a total of $131 Million in CERCLA response costs from United States based on government’s involvement in several aircraft manufacturing sites during World War II and Cold War. Case No. 6:16-cv-01061-EFM-TJJ (D. Kan.); Case No. 2:16-cv-02416-TJH-JEM (C.D. Cal.); Case No. 2:18-cv-00567-JCC (W.D. Wash.); Case No. 2:20-06601-CBM-PD (C.D. Cal.).
Agua Caliente Band of Cahuilla Indians v. County of Riverside, et al.
Represent County of Riverside in successfully defending Tribe’s challenge to taxation of possessory interests on land owned by Agua Caliente Band of Cahuilla Indians. 2017 WL 4533698 (C.D. Cal., June 15, 2017), aff’d, 749 Fed. App’x 650 (9th Cir. 2019).
Herpel, et al. v. County of Riverside, et al. and Albrecht, et al. v. County of Riverside
Represent County of Riverside in successfully defending taxpayers’ state court challenges to taxation of possessory interests on land owned by Agua Caliente Band of Cahuilla Indians. Case No. PSC 1404764 (on appeal); Case No. PSC 1501100.
United States v . Public Utility District No. 1 of Klickitat County
Represent public utility district in defense of United States’ claims alleging liability for Mile Marker 28 wildfire. Case No. 19-CV-03168-SAB (E.D. Wash., pending).
Central Yavapai Fire District v. Ace Hardware Corporation, et al.; Ace Hardware Corporation v. Bluescope, Inc., et al.
Represent Ace in consolidated cases pending in Arizona state court relating to construction at Prescott Valley retail support center. Dispute involves multiple parties and multiple issues, including Clean Water Act section 404 permitting. Case Nos. P1300-CV-00287; P1300-CV2015-0665 (Yavapai County Superior Court)
In the Matter of Yakima Valley Dairies
Represented two large Washington dairies before U.S. EPA Region 10 in negotiation of Administrative Order on Consent under Safe Drinking Water Act, relating to nitrate in groundwater. Docket No. SDWA-10-2013-0080
Clean Water Act Section 404 Advice
Represent several confidential clients in disputes regarding Clean Water Act Section 404 permits for discharge of fill material.
Am. Int’l Specialty Lines Insurance Company v. United States*
Represented U.S. Department of Defense in both phases of bifurcated bench trial on CERCLA claims relating to perchlorate, VOC, and depleted uranium contamination at former government contractor manufacturing site. Prior to trial, operator claim against U.S. was dismissed on summary judgment. 2009 U.S. Dist. LEXIS 104681 (C.D. Cal. Nov. 10, 2009) (summary judgment opinion); 2010 WL 2635768 (C.D. Cal. June 30, 2010) (liability opinion); 2013 WL 135405 (C.D. Cal. Jan. 9, 2013) (allocation opinion).
AVX Corporation v. United States and Horry Land Company*
Represented U.S. Department of Defense in defense of CERCLA claims relating to VOC contamination at former Air Force Base. After bench trial, U.S. found not liable, and in the alternative, U.S. not allocated any response costs. 2011 WL 10537040 (D.S.C. May 12, 2011), aff’d, 518 Fed. Appx. 130 (4th Cir. Feb. 7, 2013)
Barnum Timber Company v. EPA*
Represented U.S. EPA in Administrative Procedure Act challenge to approval of California state water quality listings under the CWA. District Court granted motion to dismiss, but Ninth Circuit reversed and remanded. 2011 WL 383012 (9th Cir. Feb. 3, 2009). U.S. EPA subsequently prevailed on summary judgment. 835 F. Supp.2d 773 (N.D. Cal. 2011)
El Comite para el Bienestar de Earlimart v. EPA*
Represented U.S. EPA in defense of Clean Air Act challenge to approval of California State Implementation Plan for ozone. Case No. 08-74340 (9th Cir.)
Felix v. Pic-N-Run Inc., et al.*
Represented U.S. EPA in defense of RCRA claims relating to contamination on Navajo land. Plaintiff voluntarily dismissed claims after motions practice. Case No. 3:09-cv-8015 (D. Ariz.)
United States v. Roberts*
Represented U.S. EPA in enforcement action under CWA Section 404 relating to alleged discharge of dredged or fill material into water of the United States. Case No. 3:09-0812 (M.D. Tenn.)
Meixner v. Emerson Electric Company, et al.*
Represented manufacturer in defense of toxic tort property damage claims. Resolved through settlement. Case No. 1:2006cv01359 (D.S.C.)
Kelly, et al. v. Emerson Electric Company*
Represented manufacturer in defense of toxic tort personal injury claims. Resolved through settlement.
Environmental Counseling
Counsel to Sawmill Company on Environmental Issues
Counsel for ongoing closure and environmental cleanup of a sawmill in Tacoma, Washington.
Counsel to Clients in Commercial Transactions
Counsel to numerous clients on environmental issues and risk management options in the purchase and sale of property.
* Prior Experience
