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What's New / Recent Additions
  Russell King and Chris Pothering spoke at the Washington State Bar Construction Law Section Midyear CLE on June 13. Their topic was Update on Changes to AIA and ConsensusDOCS Contract Forms.
 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:
SCB paralegal, Lucy Walsh, has been selected by the Director of the Corporations Division, Office of Secretary of State, to be the "customer's voice" on a team that is being formed to re-vamp and modernize their record keeping, reporting requirements, procedures and data access for the State. They will be looking at such things as direct online access to more documents, fax/pdf signatures (or even eliminating certain signature requirements), and related issues. Washington is behind other states in using technology to improve customer service, reduce costs, and make more information easily available to the public.
Elder Law Attorney Barbara West Joins SC&B as Partner
 Attorney Barbara West, who concentrates her practice in the emerging field of elder law, is joining the Seattle law firm of Short Cressman & Burgess PLLC as a partner. She will chair SC&B’s Elder Law Practice Group and the firm’s Estate Planning and Probate Practice Section with Jesse Rodman as Vice Chair.
Elder law focuses on a wide range of issues including estate planning, trusts, long term care and Medicaid eligibility, guardianships, asset protection, business succession planning and the rights of elderly or disabled people. “As a greater percentage of our population are seniors, elder law will continue to grow in importance,” said SC&B managing partner Andrew Maron. “Barbara’s expertise and experience will provide our clients with the counsel and guidance they need as they plan for their future or that of their parents.”
A 1990 graduate of Seattle University School of Law, Barbara is a member of the Washington State Chapter of the National Academy of Elder Law Attorneys and served on its Board of Directors from 1999-2002. She was Chair of the Washington State Bar Association’s Elder Law Section for 2002-2003 and chaired the association’s 2001 Elder Law Section Annual Meeting. She is a past Chair of the King County Bar Association Guardianship & Elder Law Continuing Legal Education Committee and served on the Section’s Executive Committee.
“Elder law is about the future,” notes Ms. West. “It’s about ensuring that people can retain control of their lives, finances, and health care decisions as they get older. For me, it is both professionally and personally rewarding to help clients and their families move forward with confidence, security, and peace of mind.”
Founded in 1915, Short, Cressman & Burgess PLLC is a law firm dedicated to providing the range of legal services regularly needed by local and regional privately held businesses, local governments, Indian tribes, and the individuals who own and manage them.
Russell King Elected Partner Effective January 1, 2008
Russell S. King is a member of Short Cressman & Burgess PLLC’s Construction Law Section and Environmental and Natural Resources Section. As a trial lawyer, he has a track record of successfully resolving disputes for clients. He has represented clients ranging from sole proprietorships to multinational corporations, and litigated construction, environmental, complex contract, securities, and real estate disputes. He has brought and defended cases throughout the state and federal courts of Washington.
In addition to helping clients resolve disputes, Mr. King counsels construction industry clients in the negotiation and interpretation of contracts and the development of form contracts and specifications.
Mr. King was recognized as a "Rising Star" by Washington Law and Politics magazine in 2004, 2005 and 2006. He graduated from Georgetown University Law Center in 1998. While in law school, he was a member of his law school’s barristers’ council and moot court competition team. Prior to attending law school, Mr. King served four years as an officer in the United States Marine Corps.
The Heat is On
Short Cressman & Burgess attorney Richard Du Bey warns that climate change presents unique challenges for Native Americans. "The difference between Indian peoples and the rest of us is that reservation land tends to be the glue that holds them together. Unlike the rest of American society, which is mobile, Native Americans may be the most at risk with climate change. Short Cressman & Burgess holds yearly seminars for its tribal clients. Global warming was the topic this year for the first time. Discussion included concerns on what climate change will mean in terms of tribal resources. For instance, do treaty rights follow the resource? If lower river flows are going to impact fish runs, how does that affect treaty agreements?"
For more, see the Washington Law & Politics article The Heat is On by Bob Geballe.
Tom Kilbane Joins SC&B as Shareholder
 SC&B is pleased to announce that Tom Kilbane has joined the firm as a shareholder. Formerly a principal in the firm of Ater Wynne, Tom Kilbane has advised Northwest clients on a broad array of environmental and land use issues since he began practicing law in Seattle in 1980. He has repeatedly been recognized by his Washington peers as a "SuperLawyer" in the field.
Much of Tom's practice involves handling the complex issues associated with contamination and pollution. He frequently represents potentially responsible parties at federal and state Superfund sites, including negotiation of cleanup requirements and allocation of liability for remedial action costs and natural resource damages. While a strong advocate for his clients, Tom has been equally effective in serving on steering committees and in acting as common counsel at multi-party sites. He is also available to serve as a mediator or arbitrator in disputes over allocation of environmental liabilities.
Tom has extensive experience helping clients to resolve environmental issues in real estate and corporate transactions, including due diligence investigation and contractual allocation of risks. He has a particular interest in the cleanup and redevelopment of brownfields.
Tom has advised clients on a wide range of environmental permitting and compliance issues, and has represented clients in related proceedings before the Pollution Control Hearings Board, the Shorelines Hearings Board, and other government bodies.
In addition, Tom has significant experience in land use and development. He has worked with clients and consultants on all phases of siting proposed energy facilities and other projects, including NEPA/SEPA review, EFSEC certification, air and wastewater permitting, wetland and shoreline issues, zoning and land use restrictions, property acquisition, and project finance.
Chris A. Pothering and Robert S. Klein were elected partner on January 1. 2007. Ms. Pothering assists clients in domestic and international businesses with various types of business transactions including: acquisitions, divestitures, construction (owner), construction (design-builder), software licenses, product supply agreements, on-site system management agreements, major equipment purchase agreements, leases, natural resources agreements, IT system agreements, services agreements and various vendor agreements.
Mr. Klein has broad experience in litigation, business and real estate. His practice focuses primarily on representing business owners and real estate developers, lenders and contractors. Mr. Klein also assists clients with planning their long-term business strategies and negotiating business transactions; structuring and documenting corporations, joint ventures, partnerships, limited partnerships, limited liability companies, tenancies in common, and trusts; negotiating, drafting and reviewing business contracts and financing; and negotiating the purchase and sale of assets, services and businesses.
U.S. Supreme Court Rejects Canadian Polluter's Request for Review of CERCLA Suit Brought by Tribes
Short Cressman & Burgess 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 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 Western District of Washington and the Ninth Circuit Court of Appeals held that hazardous substances from slag and heavy metals originally released from the smelter into the Columbia River in Canada 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. Since the publication of the following articles, the Ninth Circuit rejected Teck Cominco’s appeal to the Ninth Circuit and request for an en banc review of the court's July.
The Tribes plan to pursue its claims against Teck Cominco in the trial court. Ffor more information, contact Richard Du Bey. He may be reached at (206) 682-3333 or rdubey@scblaw.com.
John B. Crosetto, an associate, has co-authored, The Exxon Valdez Reopener: Natural Resources Damage Settlements and Roads Not Taken, Alaska Law Review Volume XXII, Number II (Dec. 2005) Access, available at Duke Law Journal
SC&B Attorneys Named "SuperLawyers"
Short Cressman & Burgess PLLC is proud of the fact that the Washington Law & Politics Magazine's 2007 SuperLawyers List includes the following Short Cressman & Burgess attorneys, selected by their peers:
Paul J. Dayton, Andrew W. Maron, Lisa A. Wolfard, and recent addition Tom Kilbane.
Andy Maron elected to KCBA post
 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.
Tribal Environmental Case Study Published
Richard A. Du Bey, partner and co-chair of SC&B's Environmental, and Use and Natural Resources Section, and Jennifer L. Sanscrainte, an associate at the firm, are authors of "The Role of the Confederated Tribes of the Colville Reservation in Fighting to Protect and Clean-up the Boundary Waters of the United States; A Case Study of The Upper Columbia River and Lake Roosevelt Environment", published in the Summer 2004 Penn State Environmental Law Review, Vol. 12, No. 2.
The study covers management and environmental considerations of the Columbia River system, the Colville reservation, and impacts of the Grand Coulee Dam. It provides legal analysis of the impacts of various federal regulations and actions, as well those of international law.
For information on obtaining a copy of the study, contact Jennifer Sanscrainte via email at jsanscrainte@scblaw.com.
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