At Davis Wright Tremaine, we believe the most effective counsel blends traditional training with inventive thinking. We feel we serve our clients best by taking time to know them and their industry.

State Legislative Advice and Representation

Our state legislative services are designed to meet our clients’ specific objectives, everything from monitoring, to drafting, to testimony and contacts with key legislators and staff. Our attorneys have in-depth experience in Olympia and Salem.

Representative Transactions:

• Currently represent a government contractor seeking an amendment to procurement laws for municipal water systems.
• Successfully gained exemption for client from legislation requiring regulation by the Washington Office of the Insurance Commissioner.
• Participated in a successful coalition to draft and lobby statewide transportation measure in Washington state.
• Testified before the Washington, Oregon, and California Legislature on subjects as diverse as employment law, public procurement law, trucking deregulation, and a variety of energy-related issues.
• Authored and lobbied for numerous sections of “Measure 50” and its implementing legislation reducing and limiting property taxes statewide.
• Negotiated and successfully advocated legislation preempting local governments from imposing “conversion penalties” on HUD Section 8 landlords who convert to “free market” at completion of Section 8 programs.
• Authored and successfully lobbied adoption of the Oregon Ethics Reform Act and the Oregon Government Standards and Practices Commission Amendments.
• Successfully lobbied adoption of legislation permitting public utilities to include in rates a return on undepreciated value of closed power plants.
• Authored and successfully lobbied Oregon’s “Environmental Cleanup Assistance Act” requiring Oregon law to apply to insurance policies on environmental claims and expanding definition of “suit” to include voluntary responses to environmental regulatory bodies.
• Authored and successfully lobbied for legislation providing transition rules for owners of historic properties which experience property tax assessment “step ups” upon program renewal.
• Authored and successfully lobbied for legislation permitting both in-state and out-of-state residents “like-kind exchange” tax treatment for Oregon income tax purposes.
• Authored and successfully lobbied for 2003 Transition Amendments to the Environmental Cleanup Assistance Act permitting "all sums" recovery against non-settling insurers remaining as defendants in pending environmental insurance recovery cases.
• Authored and successfully lobbied for legislation permitting certain aerial display fireworks companies to maintain their operations in exclusive farm use zones.
• Authored and successfully lobbied for legislation creating Oregon 's Willamette River Cleanup Authority to monitor the Portland Harbor Superfund RI/FS process and recommend whether the state should issue pollution control bonds to finance the cleanup.
• Authored and successfully lobbied for legislation relieving developers of certain licensing requirements and permitting "down stream" suits to recover damages from subcontractors notwithstanding license status of developer.
• Spearheaded successful public and private coalition to draft and lobby package of statewide transportation funding measures in Washington state.

Congressional Advice and Representation

Our congressional services are based on teamwork between our attorneys in Washington, D.C., and our attorneys in regional offices who have strong ties with their state and regional delegations. Our attorneys have worked as staff to numerous Congressional committees and have been on the policy staffs of many current and former Senators and House members. Because of our strategic locations, we are especially experienced in lobbying issues of regional importance to the Northwest, like energy and technology.

Representative Transactions:

• Worked successfully with the Northwest Congressional delegation and Committee staff on provisions of the Energy Policy Act of 2005, including:
  • Reform of the federal hydroelectric relicensing process;
  • Tax law changes to encourage the development of fuel cells; and
  • Revisions to Federal Energy Regulatory Commission jurisdiction over the electric transmission facilities of the Bonneville Power Administration (BPA).
• Work regularly with the Northwest Congressional delegation on behalf of electric utilities producers regarding the long-term role of the BPA, transmission regulation, and related energy issues.
• Succeeded in amending tax legislation in 2004 to encourage generation from biomass.
• Succeeded in obtaining appropriations for a land redevelopment project undertaken by a Washington State city.
• Testified before the House Judiciary Committee on telecommunications initiatives.
• Worked extensively with congressional staff on drafting numerous telecommunications bills affecting a wide range of telecommunications services.
• Succeeded in amending tax legislation to provide favorable treatment of a telecommunications investment.

Compliance with State and Federal Campaign Finance Laws

Political activity can be the best defense against unwelcome legislation, but many companies fear involvement because of the ever-increasing regulation of campaign contributions. We can help you accomplish your objectives, while complying with all applicable regulations.

Compliance with State and Federal Lobbyist Regulations

Even if you don’t have a lobbyist, the activities of your company executives can subject you to registration requirements. We can analyze whether your company’s contacts with legislators and agency employees require lobbyist registration and help you stay abreast of spending restrictions and reporting requirements.

Representative Transactions:

• Advised large health insurance company on compliance with registration requirements and entertainment limitations at the federal level and in Washington, Oregon, and Alaska.
• Advised a media corporation starting up a federal lobbying effort.
• Conducted in-house training regarding reporting obligations.

Federal Regulatory Agency Representation

Our lawyers have a wealth of experience in appearing before federal regulatory agencies such as the Federal Energy Regulatory Commission and the Federal Communications Commission. We routinely monitor and participate in rulemaking and policy development proceedings on behalf of our clients, obtain unique regulatory relief for our clients, and carefully and thoroughly explain each step of a particular agency’s deliberative process to our clients. Our relationships with agency staff members developed over many years assist us in obtaining access to high level decision-makers and expeditiously prosecute the interests of our clients.

Representative Transactions:

• Helped negotiate a critical transmission interconnection agreement with the Western Area Power Administration that was needed for the client's development of a large power plant.
• Represented a public utility district in a FERC proceeding to determine whether the P.U.D. and other power sellers should refund monies from power sold during the recent electricity shortage. Although this was administrative litigation, the entire proceeding was extremely politicized and had been initiated in response to complaints from certain members of the Northwest Congressional delegation. DWT was able to work with members of the delegation and their staffs to minimize the political pressure on FERC to order refunds in this case. Although the case is not final, the FERC judge recently ruled against refunds in a decision that was clearly focused on the merits, not the politics, of the refund issue.
• Obtained limited special temporary operating authority for an FM radio station within days of having its license permanently terminated by Congressional statute. In less than a week, DWT was able to obtain the assistance from two FCC Commissioners’ offices in securing temporary operating authority while the full Commission reconsiders the earlier staff decision.
• Organized the Mississippi delegation to persuade the FCC to reinstate an application for a new low power FM radio station license to be utilized by a non-profit secondary school serving primarily underprivileged minorities.
• Successfully worked with members of FCC Commissioner’s staff to reverse already drafted Commission Order denying modification sought by FM radio station. Efforts involved preparation of intricate engineering materials and meetings with staff to review ways to revise Order to satisfy client’s needs, while remaining consistent with prior agency decisions. Modification of FM station substantially increased and improved radio audience reach and economic value of station.
• As part of $99 million transaction of cable television and wireless cable systems, obtained waiver of FCC rule prohibiting the common ownership of such facilities in the same market. Process involved meeting with staff of two FCC bureaus in advance of filing and coordinating processing waiver application between branches to obtain expeditious grant.

State Regulatory Agency Representation

Our lawyers appear regularly before state agencies throughout the West, most frequently in Washington and Oregon. We have expertise in such diverse areas as taxation, utility regulation, insurance, and health care and we can reach decision makers at the highest level.

Representative Transactions:

• Represented telecommunications companies before state commissions in Washington, Oregon, Utah, Arizona, California, Iowa, and Minnesota in costing and pricing proceedings, rate cases, and complaint cases.
• Represented a variety of businesses in tax appeals before the Washington Department of Revenue.
• Represented a natural gas pipeline company in obtaining a certificate of public convenience and necessity from the California Public Utilities Commission to operate formerly proprietary gas transmission facilities on a public utility basis in competition with the local utility distribution company, and in complying with the California Environmental Quality Act.
• Obtained Section 401 certification under the Clean Water Act for Lake Chelan Hydroelectric Project from the Washington Department of Ecology, and successfully defended the certification before the Washington Pollution Control Hearings Board.
• Regularly represent public officials before Oregon's Government Standards and Practices (Ethics) Commission.
• Represent clients before Oregon Liquor Control Commission, Lottery Commission, Environmental Quality Commission.

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