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The Firm’s attorneys regularly defend fishing vessels in regulatory hearings, defend maritime death and injury claims, manage hull and machinery insurance disputes, and handle banking and financial transactions for the fishing industry.

Endangered Species Act listings have triggered new legal responsibilities for many businesses, landowners, developers and governmental entities.

Lane Powell Attorneys Mike Nesteroff and Andy Rigel authored an article in the May/June 2012 issue of Washington Bankers Association’s (“WBA”) Issues and Answers magazine titled “Distressed Properties and Environmental Liability: To Foreclose or Not to Foreclose, That is the Question.” In the article, Nesteroff and Rigel discussed critical environmental liability issues financial institutions may encounter with properties that are […] In a unanimous decision, the U. Supreme Court has ruled that two Idaho property owners may bring a legal challenge to the U. Environmental Protection Agency’s (“EPA”) issuance of an administrative order that required the owners to restore what EPA claimed was an illegally filled wetland. EPA, constitutes a big win for property owners who previously had been stymied in their ability to contest EPA administrative orders until after they complied with an order. Lane Powell Shareholder Mike Nesteroff authored an article titled “Legal Ramifications of Green Marketing” in the November issue of BUILDERnews magazine.

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In the space of only 36 hours, the Washington Legislature resurrected, and the governor signed into law, a bill that changes the way the Washington Model Toxics Control Act (“MTCA”) provides funding for cleanups at contaminated sites.The goals of this legislation are to make sure that money in the state’s Toxic Cleanup Account is […] Federal district court Judge Ricardo Martinez has issued a permanent injunction requiring the Washington State Department of Transportation (“WSDOT”), the Washington State Department of Natural Resources, and the Washington State Parks and Recreation Commission to remove barriers to fish passage in hundreds of state-highway culverts over the next 17 years.The Firm was involved in the first appeals of National Pollutant Discharge Elimination System (NPDES) permits in the 1970s, and has worked with clients on each round of permit re-issuance since then.The Firm also assists clients on stormwater and non-point source discharge issues, including 60-day notices and lawsuits brought by third parties to enforce state permits issued under the Clean Water Act.The March 29 decision (“Culvert case”) is the latest in a legal case dating back to the 1970s, in which Native American tribes in Washington state have sought to enforce their treaty fishing rights.

While the decision does not apply to county roads or other barriers that might exist, it provides important guidance for future actions that could broaden the ruling’s application beyond state-owned highway culverts. Lane Powell Shareholder Mike Nesteroff authored an article in the November 2012 issue of the King County Bar Association’s Bar Bulletin titled “Minimizing Commercial Lease Risks Through Proper Environmental Due Diligence.” In the article, Nesteroff discussed commercial lease risks, and minimizing those risks with environmental due diligence.In overruling a decision by the Pollution Control Hearings Board, a divided panel of the Court of Appeals said the new regulations cannot be imposed on building projects where permit applications were submitted while the old rules were still in effect. Coughenour in the Western District of Washington provides useful guidance for determining which of several stormwater permits issued by the Washington Department of Ecology may apply. Cruise Terminals of America, decided on November 20, 2015, the answer is more than one permit may be necessary depending on the type of stormwater discharge. The Washington State Department of Ecology (Ecology) has taken the first steps toward new rules for reducing emissions of carbon dioxide and other greenhouse gases by proposing to adopt a new Clean Air Rule and amend two existing rules. Lane Powell Shareholder Mike Nesteroff authored an article titled “Oregon’s Statute of Repose May Block Common Law Environmental Claims.” In the article, Nesteroff discussed the U. The Washington Court of Appeals has now ruled that a letter from the Department of Ecology (Ecology) that merely acknowledges receipt of a voluntary report of contamination and intent to remediate is insufficient to trigger the insurer’s duty to defend. The court, however, did not explain what language would constitute an “explicit or implicit” threat. Lane Powell Shareholder Mike Nesteroff authored an article in the Spring 2014 issue of Community Bankers of Washington’s Community Banker magazine titled “New Rules Provide for More Detail in Phase I Environmental Site Assessments.” Nesteroff, Michael A.Thus, the Municipal Phase I Stormwater Permit in effect from 2013 to 2018 (2013 Permit) applies only to those completed building applications submitted after July 1, 2015. It’s rare for a stormwater lawsuit to result in a court decision since most settle in the early stages, but a ruling by U. As foreshadowed 20 years ago by the Washington State Supreme Court in Weyerhaeuser Co. Lane Powell Shareholder Mike Nesteroff authored an article in Seattle Business magazine’s November 2013 issue titled “Measuring Energy Use — The New Era of Building Benchmarking is Here. ” In the article, Nesteroff discussed Washington state and the City of Seattle’s energy benchmarking requirements that mandates building owners to track and report the energy performance of their buildings.The Firm’s environmental attorneys are specialists in the many facets of environment law from the local to federal level, with a proven record of successfully representing real estate, retail, industrial and business clients.Lane Powell attorneys provide skillful counsel on environmental due diligence in the acquisition of companies, assets and property, including Phase I and Phase II investigations and facility compliance assessments.Environmental Clean-Up Lane Powell has a strong record on brownfield site development with public agencies, developers, property owners, and transporters and generators of hazardous materials.