We assist in project planning, pre-development review and approvals, project entitlements and permitting, and related litigation. We have significant experience advising private and public clients on substantive and procedural land use and development law, including zoning, comprehensive plan amendments; conditional use and variance permits; and residential subdivision and commercial development.

We draft environmental regulatory programs; help clients navigate the maze of federal, state and local environmental regulations; negotiate prospective purchaser agreements; assess and manage environmental risks; take our clients through the sometimes daunting task of complex environmental cleanups; and advise on environmental restoration projects.

We have worked with landowners, generators, and other stakeholders on an array of power projects, ranging from traditional hydropower and gas-fired turbine plants to wind farms and other alternative energy projects. This has enabled us to assemble an experienced team of attorneys who can effectively address the variety of siting, development and permitting issues associated with power production plants.

We know the law on wetlands, steep slopes, restricted use lands, critical areas, and storm water drainage, and apply our knowledge to solve problems – whether in the context of pre-development planning or post-development regulatory or enforcement actions.

We use an integrated approach to the redevelopment of "brownfields" property, combining the experience of our real estate, environmental and land use attorneys to facilitate the reclamation and reuse of environmentally impacted properties.

We have significant expertise in assessing insurance coverage and litigating to recover environmental expenditures. We are also skilled in evaluating and utilizing newly available environmental insurance products to actively manage the risks associated with environmental liabilities.

We handle all phases of litigation, from public hearings before local governmental bodies and administrative appeals of land use and environmental decisions, to trials and appellate court actions. Our attorneys have a long history of making new law and successfully representing our clients in court.

We have unparalleled experience in serving as special counsel to regional and local governments throughout Washington. This unique expertise is invaluable in understanding the interplay of public and private rights and finding successful solutions to seemingly intractable problems.

Our attorneys have unparalleled experience in serving as special environmental counsel to tribal governments, helping tribes to protect the quality of the Reservation environment. We pride ourselves on our work with Tribal program staff and Reservation attorneys. This unique expertise is invaluable for non-tribal clients’ interaction with tribal governments, tribally chartered corporations, and other tribal instrumentalities. Our tribal practice includes:

Environmental Grants and Funding

Environmental Program Development

Intergovernmental Cooperative Agreements

Legislative Counseling

Natural Resource Damage Claims

National Environmental Policy Act (NEPA) Compliance

Tribal Business Regulatory Compliance

Tribal Endangered Species Act Issues

Tribal Reserved Water Rights

Pollution Prevention in Economic Development

2011

SCB Congratulates Co-Plaintiff State of Washington on its Summary Judgment Victory

SCB represents the Confederated Tribes of the Colville Reservation, the plaintiff in litigation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, known as the federal Superfund Act) against Teck Metals, Ltd. regarding environmental contamination in the Columbia River. On November 29, 2011, the United States District Court for the Eastern District of Washington denied Teck's motion asking the court to determine as a matter of law that the Tribes' co-plaintiff, the State of Washington, is a liable party under the Superfund Act. Teck argued that the State was liable as an "arranger" for permitting mining and related activities in the region under written contracts. The court disagreed, finding that the State was not liable. For more information about SCB's Tribal and Environmental Litigation practice, please contact Richard Du Bey, Paul Dayton, or Leslie Clark (206.682.3333 or rdubey@scblaw.com or pdayton@scblaw.com or lclark@scblaw.com).

 

SCB Obtains Settlement of Alleged Clean Water Act Violations

In October 2011, a federal court judge entered a Consent Decree resolving Clean Water Act issues involving SCB's client, a privately held industrial corporation, and a citizen group. While aggressively defending the matter, SCB identified an opportunity for early settlement, ultimately resolving the matter for a nominal sum, without incurring significant attorneys' fees or disruption to our client's business. To learn more about SCB's Environmental Litigation practice, please contact Greg Hixson (206.682.3333 or ghixson@scblaw.com) or the practice group's chair, Paul Dayton (206.682.3333 or pdayton@scblaw.com).

 

Environmental Litigation Team Implements Secure Document-Sharing Technology for Multi-Party Disputes

SCB's Environmental Litigation team has implemented and maintains secure, hosted websites for clients to rapidly share large working documents and serve as a repository for document collections. The user-friendly websites include features such as document sharing and check-out, allowing us to work efficiently and collaboratively with clients and broader groups. Using this technology, our Environmental Litigation team has facilitated cooperative work among members of a Natural Resource Trustee Council and among members of a group of Potentially Responsible Parties. For more information about the document management capabilities of SCB's Environmental Litigation practice, please contact the practice group's co-chairs, Richard Du Bey (206.682.3333 or rdubey@scblaw.com) and Tom Kilbane (206.682.3333 or tkilbane@scblaw.com).