A Note on "Prevailing" Parties Under CERCLA’s Citizens Suit Provision: The Award of Fees and Costs in Pakootas v. Teck Cominco Metals, Ltd.

by Richard A. Du Bey, Co-Chair, Environment, Land Use & Natural Resources, Leslie C. Clark, and Stephanie G. Weir

SCB is proud of the fact that the Washington Law & Politics magazine's 2010 Super Lawyers List includes the following Short Cressman & Burgess attorneys, selected by their peers:

Paul J. Dayton (Business Litigation),  Tom Kilbane (Environmental Law), Andrew W. Maron (Construction Litigation), and Lisa A. Wolfard (Family Law).  It is noteworthy that each of these SCB attorneys has been selected for inclusion on the Washington Super Lawyer list for at least six years straight.  Richard A. Du Bey (Environmental Law) is also on the list for 2010.  Mr. Du Bey has been listed twice before in recent years.

Additionally, Lisa A. Wolfard has been named one of the Top 50 Women Lawyers.  Click here to see an alphabetical listing of all of the Top 50 Women Washington Super Lawyers for 2010.

SCB is proud of the fact that four Short Cressman & Burgess attorneys were selected as Rising Stars for 2010 by Washington Law & Politics magazine.  They are:

Leslie Clark ; Chris Pothering; Jennifer Sanscrainte; and Tatyana Gidirimski;

To see the Notice to Class of Preliminary Approval of Phase 2 Distribution, Click Here!

To Receive Your Past Due Wages

Please contact Margaret Moynan at (206) 223-2005 (direct line) or mmoynan@scblaw.com immediately and provide her with your current residence and phone number.  Class members may also call our main line at (206) 682-3333.

To see how much you receive, Click Here!

Short Cressman & Burgess PLLC business partner Robert S. Klein has been appointed to represent the Municipal League on the Seattle City Council Central Waterfront Partnership Committee. The committee is tasked to advise the Mayor and City Council on developing a premiere public space on the Central Waterfront with linkages to the broader City, including neighborhoods bordering Elliott Bay and major Center City destinations. The Committee will focus on issues of management, partnerships and programming, with the goal of recommending to the Mayor and Council effective models for the management, use and programming of new public spaces on the Central Waterfront.    For more information, contact Robert Klein. He may be reached at 206.682.3333 or rklein@scblaw.com.

June 21, 1937 - September 19, 2009

Retired attorney and avid outdoorsman, John Burgess, passed away peacefully on September 19th after a prolonged battle with cancer. His life was characterized by an intense love of family and adventure, optimism, constant learning, travel and an extreme passion for the outdoors - especially the water.

He is survived by Sybil-Ann, his single love of 51 years, son John, daughter Lynn, son-in-law Joe Moriarty, brother Bob, sister Pauli Logan, and two amazing grandsons JP and Owen Moriarty.

John's career as an attorney spanned over 3 decades with Short Cressman & Burgess, and over the last 10 years he served as President of the Hood Canal Salmon Enhancement Group. He had a profound impact on many - a legacy filled with people touched by his friendship, his intellect, his wit, sense of humor and shared passion for rivers, lakes and salt water flats. He was a mentor and source of strength to many.

Short Cressman & Burgess PLLC real estate attorney, John D. Sullivan, has attained designation as a LEED® Accredited Professional (AP) by the U.S. Green Building Council.

The U.S. Green Building Council's LEED (Leadership in Energy and Environmental Design)® Green Building Rating System™ is nationally accepted as the benchmark for designing, building and operating environmentally and socially responsible, healthy and prosperous buildings that improve the quality of life. It rewards a whole-building approach by recognizing performance in five key areas: sustainable site development, water savings, energy efficiency, materials selection, and indoor environmental quality. To become LEED® AP one must demonstrate expertise in all five key areas by passing a rigorous examination.

Mr. Sullivan chairs SCB's Real Estate Group and the Sustainable Development Group, which brings together expertise in Green development, construction and real estate, land use, municipal law, environmental regulation, and water law to advise our clients on designing, constructing, leasing and managing Green Buildings, including assisting them in obtaining LEED® certification. In addition to sustainable development, his practice includes all aspects of commercial real estate transactions, particularly those involving purchase and sale, Section 1031 tax-deferred exchanges, title insurance, leasing, financing, construction, development, and Indian land.

Leslie Clark spoke concerning the U. S. Constitution’s Fifth Amendment Takings Clause at April’s national conference of the American Planning Association in Las Vegas. For more, see the attached paper:

The State of Regulatory Takings in Washington: Reconsideration of the State’s Takings Formula under Lingle v. Chevron U.S.A., Inc.

SCB represents the Confederated Tribes of the Colville Reservation (Tribes) in a lawsuit brought against Teck Cominco Metals, Ltd. (Cominco) under the citizen suit provision of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Teck Cominco, a Canadian mining company that operates the world's largest zinc smelter, is located on the banks of the Columbia River in Trail, British Columbia, just a few miles north of the U.S.-Canada border. For nearly 100 years, Teck Cominco discharged hundreds of thousands of tons of slag and other heavy metals directly into the Columbia River, where it flowed downstream and came to rest along the banks and shores of the Columbia River in Eastern Washington, parts of which comprise the Tribes' Reservation. The lawsuit seeks to enforce an EPA-issued Unilateral Administrative Order against Cominco that compels the Canadian company to conduct a remedial investigation/feasibility study at the Columbia River Site

In a case of first impression, the U.S. District Court for the Eastern District of Washington and the Ninth Circuit Court of Appeals held that the hazardous substances within the slag and effluent released into the Columbia River triggered the application of CERCLA. The courts also determined that the case involves the application of domestic law to a domestic situation, rather than a transboundary application of CERCLA. In January 2008, the Supreme Court of the United States denied Cominco's request for review. The lawsuit is again pending before the U.S. District Court for the Eastern District of Washington.

For more information, contact Richard Du Bey. He may be reached at 206.682.3333 or rdubey@scblaw.com.

Andrew W. Maron has been elected a member of the King County Bar Association Board of Trustees. Mr. Maron has served on various KCBA committees and boards, including Young Lawyers Board of Trustees, and has chaired the Public Information, Judicial Evaluation, Awards and Judicial Conferencing Committees of the organization. His goals for KCBA are: emphasizing services that directly benefit lawyers; continuing efforts to enhance professionalism; and supporting the judicial system during these times of extraordinary budget challenges.