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Admitted to Practice

  • Washington, 2013
  • U.S. District Court Eastern District of Washington
  • U.S. District Court Western District of Washington

Robert E. Miller

Robert Miller is a commercial litigator with particular expertise in environmental law, real estate, and internet and ecommerce. Robert has hands-on experience in a wide variety of litigation matters, including complex civil cases, injunction litigation, administrative appeals, and alternative forms of dispute resolution. In addition to experience in trial and appellate courts, Robert has successfully handled multiple arbitration hearings.

Robert also has experience: responding to government investigations and enforcement actions; advising clients on regulatory issues related to cleanup of contaminated properties under state and federal Superfund laws; and counseling on environmental due diligence in commercial and real estate transactions.

Robert represents clients from a variety of sectors, ranging from online retail and telecommunications to commercial real estate and energy.

Representative Experience

Pope Resources v. Department of Natural Resources

Represented land and timber management company in contribution action under Washington’s Model Toxics Control Act (MTCA). Obtained reversal of summary judgment before Division II of the Washington Court of Appeals. The decision holds Washington’s Department of Natural Resources is liable for cleanup obligations in Port Gamble Bay and establishes the contours of owner/operator liability under Washington’s Superfund law. Appeal pending before Washington Supreme Court. (Ongoing)

Arbitration matters for

Representing Amazon in many commercial and consumer arbitration matters. Managed and prevailed in matters decided on the papers and in-person hearings. (Ongoing) 

Superfund cleanup for Altino Properties

Representing property owner in implementation of consent order with the U.S. Environmental Protection Agency for the performance of investigation and cleanup work at a site located along Lake Washington in the Seattle area. (Ongoing) LLC v. Hawley

Represented in suit brought to enjoin Missouri attorney general’s investigation of client and enforcement of regulation based on violations of First Amendment and Communications Decency Act. (E.D. Mo.)

Contribution litigation matters for various property owners

Ongoing representation of individual clients associated with contribution claims for cleanup of hazardous substances. (Ongoing)

Basin Disposal Inc., et al. v. 3M Company et al.

Representing clients at the Pasco Landfill, which is the second-highest priority hazardous substance cleanup site in Washington state. The site is listed on the Superfund National Priorities List, and the EPA delegated the lead regulatory role to the State of Washington. Representation includes regulatory counseling as part of participation in an industrial waste area generators group (IWAG) and multi-party contribution litigation taking place in federal district court. (Ongoing)

St. Jude Medical, Inc. v. Muddy Waters

Represented cybersecurity consulting firm, physician, and investment firm in defamation lawsuit arising out of public disclosures about cybersecurity risks involving the plaintiff’s medical devices. (D. Minn. 2016 Settled)

Scordino v. Department of Ecology

Obtained summary judgment in favor of oil industry client before Pollution Control Hearings Board in appeal of Clean Water Act discharge permit issued as part of waterfront cleanup project. (2017)

Environmental diligence for telecommunications client

Advise client on environmental issues in new site developments and collocations. (2014-2016)

Estate of Parsons v. Department of Revenue

Represented estate in tax appeal under Administrative Procedure Act. Obtained denial of Department of Revenue’s motion for dismissal based on complex issues of administrative law. (2014)

Clean Air Act enforcement action

Represented service station owner in successfully negotiating reduction of civil penalty in the hundreds of thousands of dollars to a negligible amount. (2013)

Additional Qualifications

  • Law Clerk, Davis Wright Tremaine, Bellevue, Wash., 2012-2013
  • Extern, Hon. Thomas S. Zilly, U.S. District Court, Western District of Washington, Seattle, 2012

Professional & Community Activities

  • King County Bar Association
  • Washington State Bar Association
  • Extern, Seattle’s Union Gospel Mission, Open Door Legal Services, Seattle, 2011

Professional Recognition

Robert Miller named the 2016 Heart of Justice Award Winner