Some of our relevant engagements include:

Regulatory and Compliance Advice

• Directed national compliance audits involving the Emergency Planning and Community Right to Know Act, Clean Water Act, Resource Conservation and Recovery Act and related state laws, and settled violations without payment of gravity-based penalties, which would have been millions of dollars.
  
• Assisted clients in cleanup actions leading to "no further action" determinations.
  
• Assumed leadership roles in potentially responsible party (PRP) committees at major federal Superfund and state cleanup sites leading to cost-effective results through consent decree and agreed order negotiations.
  
• Assisted clients with environmental impact review and documentation under federal NEPA, comparable state statutes, and the Endangered Species Act.
  
• Represented municipal water utilities in acquisition of water rights for local and regional water supply systems. Represent technology manufacturing companies and destination resorts in securing water rights.
  
• Assisted in siting of combustion turbine electric power plants and relicensing of hydroelectric energy facilities. Negotiate permit conditions for plant discharges to allow cost-effective operations.
  
• Advised clients on radioactive and mixed waste issues at contaminated federal facilities and low-level radioactive waste disposal facilities, including the Hanford Nuclear Site.
  

Corporate and Real Property Transactions

• Represented clients in negotiations with state and federal agencies to limit the liabilities associated with the purchase of contaminated properties through the use of prospective purchaser agreements.
  
• Assisted clients in the acquisition or sale of commercial properties and real estate, ranging from small office buildings to multiple city block developments, including environmental due diligence, supervision of phase I and II site assessments and wetlands delineations, and resolution of recognized environmental conditions.
  
• Negotiated the acquisition of multiple office buildings in heavily industrialized area of downtown Seattle, including environmental indemnities and guarantees and environmental insurance products.
  
• Assisted clients with the sale or acquisition of operating commercial businesses, including electronics manufacturers, foundries, engineering companies, chemical manufacturers, pesticide manufacturers, multi-state warehousing facilities, and multi-state food processing facilities.
  
• Negotiated environmental contract release and indemnity provisions in real estate transaction for nonprofit client to define ongoing liabilities of buyer and seller at highly contaminated site and allow productive redevelopment of the property for a public use. Continue to oversee actions to remediate the site to ensure compliance with contract.
  
• Represented telecommunications clients in the site acquisition process, including environmental due diligence, protection of cultural and natural resources, and compliance with FCC and National Environmental Policy Act (NEPA) and related state requirements.
  
• Assisted clients in procuring environmental insurance products, including cleanup cost cap policies and pollution legal liability policies.
  

Litigation

• Defended citizen suits under the Clean Water Act, Resource Conservation and Recovery Act and the Emergency Planning and Community Right-to-Know Act. Settle claims at early stage of litigation to minimize or avoid payment of attorney fees and penalties.
  
• Represented major oil company in complex environmental litigation involving alleged petroleum and methane contamination of industrial property in Tacoma. After six-week trial, client's share of damages was small fraction of multi-million dollar claim.
  
• Represented property owner in major CERCLA and MTCA action, tried to a jury in Federal Court, which resulted in the recovery of several million dollars for client, including full reimbursement of attorney fees and expenses.
  
• Defended client in major CERCLA cost recovery and contribution action. Obtained summary judgment dismissal on basis of no corporate successor liability for client who purchased assets of responsible company. Case was affirmed by Ninth Circuit and has become a leading decision on successor liability under CERCLA.
  
• Represented oil and chemical company in a multimillion dollar cost recovery action including State Superfund, Resource Conservation and Recovery Act and State common law claims. Settled matter for small percentage of damages sought by plaintiff.
  
• Served as lead counsel to companies that operate salmon marine aquaculture facilities on Puget Sound. Successfully defended clients in challenge brought by environmental groups against clients' NPDES/waste discharge permits.
  
• Represented a Northern California community in challenging the designation of critical habitat for the spotted owl pursuant to the Endangered Species Act and the National Environmental Policy Act.
  
• Represented intervenor-defendant in landmark case under Section 401 of federal Clean Water Act. Represent intervenor on appeal to 9th Circuit Court of Appeals and successfully defended against Petition for Certiorari in U.S. Supreme Court.
  
• Represented oyster business in Coos Bay, Oregon in jury trial for damages under the federal Oil Pollution Act and Oregon Oil Spill Act to oysters due to a discharge of oil from the M/V NEW CARISSA.
  
• Represented owner of a 365-foot Japanese flag fish-processing vessel that sank after a collision with a grain ship. Successfully settled resulting Oil Pollution Act claims and state law claims in excess of $60 million, including claims for cleanup costs and natural resources damages for $11 million.
  

Civil and Criminal Enforcement Actions

• Represented petroleum products company in Clean Water Act and Pipeline Safety Act litigation following pipeline rupture.
  
• Defended fish processing company in federal investigation of asbestos removal and in related debarment and suspension proceeding. Assisted client in development of new asbestos removal protocols and development of environmental compliance program.
  
• Represented environmental manager of wood pulp manufacturer in federal Clean Water Act and hazardous waste investigation. Defended pulp and paper company in judicial civil penalty proceeding involving hazardous waste laws.
  
• Defended clients prosecuted for alleged criminal hazardous waste handling violations, under the Resource Conservation and Recovery Act. See United States v. Elias, 269 F.3d 1003 (2001); United States v. White, et al., 766 F. Supp. 873 (E.D. Wa. 1991).
  
• Defended Oregon rancher in federal felony prosecution under Archaeological Resources Protection Act in connection with dredge and fill of lakeshore. The case was resolved by misdemeanor plea and probation sentence.
  
• Settled for minor penalties environmental and public health enforcement actions related to serious contamination of workers' drinking water supply through substitution of water supply, medical screening for employees and cooperation with agencies.
  

WHAT'S THE NEXT STEP?

Simply call us toll-free at 1-877-398-8416 or email us at info@dwt.com.
We look forward to hearing from you . . .

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