REPRESENTATIVE MATTERS

Environmental

Cost Recovery Action - Represented client in defense of a cost recovery action related to property that had been the location of an industrial dry cleaning facility and that client had purchased to redevelop.


Cleanup of Former Gas Station Site - Assisted client in obtaining insurance coverage and contributions from other parties as well as planning for the investigation and cleanup of contamination on their property resulting from a leaking underground storage tank.  Currently working with the Washington State Pollution Liability Insurance Agency ("PLIA") to achieve regulatory closure of the Site. 


Home Heating Oil Tank Leak ​- Working with client to resolve a claim by purchaser of a home with a leaking underground home heating oil tank.  Utilizing PLIA's technical assistance program to facilitate resolution.


Municipality - Advised a local city regarding its involvement in two remediation sites.  

 
Lower Duwamish Waterway Superfund - Representing property owners in matters involving the Lower Duwamish Superfund Site, including assessment of liability for cleanup, source control, cost recovery, and natural resource damages.  


Former Landfill - Counseled a client regarding its rights and responsibilities for the investigation and remediation of property that had been used as a public landfill.  Negotiated an agreed order with Ecology and an interim action agreement with other responsible parties that will allow redevelopment of the property.


Gas Station Purchase - Assisted a client in the purchase of a gas station that had a history of a leaking underground storage tank and is undergoing remediation. Drafted terms in transaction documents to address the associated risk.


Dry Cleaner - Worked with an operator of a dry cleaner who was involved in a dispute with its landlord and insurance company regarding the investigation of a suspected solvent release.


Brownfield Redevelopment - Helping client convert a former gas station into a park/art installation.    


Planning for Cleanup of Lower Duwamish Waterway Superfund related site – Negotiated agreed orders with regulatory agencies and agreements with other potentially liable parties for the investigation of contamination and the development of cleanup alternatives in these locations.


Former Mine Site Acquisition – Assisted in the purchase of a large parcel of property within the Tacoma Smelter Plume.  Undertook the necessary due diligence work, including negotiating with the owner and Department of Ecology regarding remediation responsibility and the transfer of existing mining and other land use permits to the buyer.

 
North Lake Union Property Sale – Negotiated sale of property that had been used for decades as a fuel storage and loading station.  Worked with the buyer and Ecology to obtain a Prospective Purchaser Consent Decree (PPCD) to facilitate redevelopment of the property.


Thea Foss Waterway Natural Resource Damages – Advised client regarding its NRDA liability and whether to join with other potentially responsible parties in an allocation process.


TSCA Remediation – Worked with a client to remediate, pursuant to TSCA, PCB materials in an office building.  Helped clients develop a cleanup plan approved by EPA and address public and tenant safety concerns.  

Real Estate/Land Use

Easement Dispute - Representing owners of commercial property in litigation with neighbor over use of the clients' property for access to the neighboring property and the unauthorized alteration of the clients' property by neighbor.  


Sale of Contaminated Property - Negotiated the sale of clients' contaminated property near the Lower Duwamish Superfund site in a manner that provided maximum protection to my clients against future liability for the cleanup of the site.  


Lease with King County - Assisting client in negotiation of lease of industrial property from King County.


Sale of Developable Property – Worked with clients to negotiate the sale of a 156-acre, in-fill parcel in ex-urban King County.  The sale was complicated by jurisdictional and timing issues.  The transaction required annexation negotiations with adjacent municipality, extensive coordinated land use planning, SEPA review and a phased closing.  


Parking Lot Sale – Negotiated purchase and sale agreement, affordable housing covenants and easements with respect to property that was to be developed as a mixed use project with affordable housing.


Trail Development – Served as lead attorney on a complex trail development project, which required litigation of property disputes in state and federal court, including arguments before the Ninth Circuit and briefing to the U.S. Supreme Court.  Advised clients regarding compliance with NEPA and SEPA, the Shoreline Management Act, sensitive area ordinances and a host of other permitting and real estate issues.


Binding Site Plan – Worked with client to sell a portion of client's property.  The transaction required negotiation of a binding site plan and a development agreement addressing the client's rights regarding development of the remainder of its property.  



Municipal

Ferry District Formation – Lead attorney for King County in the formation of the King County Ferry District and in negotiating an interlocal agreement with the Ferry District to manage the District’s operations.  Continued to represent the County in implementing the interlocal agreement, including vessel procurement and lease negotiations with the State for use of its passenger ferry facilities.  


Transportation Benefit District – Advised the County on all issues involving the formation of the King County Transportation Benefit District.


Interlocal Agreements - Assisted in the negotiation and implementation of agreements with Sound Transit and City of Seattle involving the operation of Sound Transit services.  

Tribal

State Civil Jurisdiction in Indian Country - Advised clients regarding a local government's land use jurisdiction in Indian Country.


Jurisdiction of Tribal Courts – Represented the Navajo Nation in litigation regarding subject matter jurisdiction of tribal courts versus state courts.  


Mortgages in Indian Country – Worked with Fannie Mae to create a viable mortgage instrument for tribal trust lands.