Experience

Litigation

      Fisheries

• Counsel to trade association in multiple federal court cases addressing National Marine Fisheries Service (NMFS) decisions involving the American Lobster Fishery under the Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA).
• Counsel to trade association in defense of claims by advocacy groups asserting that regulations governing Pacific tuna quota for Hawaii deep-set longline fishery violated various federal laws.
• Counsel to trade association in federal court case involving challenge to Magnuson-Stevens Fishery Conservation and Management Act (Magnuson Act) amendment affecting Alaska salmon fishery.
• Counsel to fishing company in federal district court and Ninth Circuit litigation involving challenges to individual transferable quota program applicable to West Coast groundfish fishery.
• Counsel to trade association in defense of claims by two advocacy groups that authorization of Hawaii longline fishery violates ESA Sections 7 and 9 and other federal statutes.
• Counsel to trade association in defense of claims by advocacy groups concerning the formation of a take reduction team under the MMPA to address fisheries interactions with marine mammals.
• Counsel to trade association in litigation involving state and industry challenges to the Steller sea lion biological opinion and associated regulations in the Bering Sea and Aleutian Islands.

      Oil & Gas

• Counsel to trade associations in multiple federal court cases involving NMFS and Bureau of Ocean Energy Management (BOEM) decisions addressing marine mammal incidental take and environmental analysis of oil and gas operations in the Gulf of Mexico.
• Representation of oil and gas company in defense of two federal district court lawsuits, and related Ninth Circuit appeals, filed by advocacy groups challenging lease sales in the National Petroleum Reserve-Alaska based alleged National Environmental Policy Act (NEPA) violations.
• Representation of trade association and seismic exploration companies in Interior Board of Land Appeals proceedings challenging BOEM’s denial of permit applications to conduct offshore seismic surveys in the Atlantic Ocean.
• Representation of trade associations and seismic exploration companies as intervenor-defendants in two federal lawsuits filed by South Carolina municipalities and environmental advocacy groups challenging MMPA incidental take authorizations related to proposed seismic surveys in the Atlantic Ocean.
• Counsel to trade association in defense of three separate district court lawsuits, and associated Ninth Circuit appeals, filed by advocacy groups challenging MMPA incidental take regulations applicable to North Slope oil and gas operations.
• Counsel to oil and gas company in two lawsuits obtaining preliminary injunctive relief enjoining environmental activists from interfering with Arctic exploration vessels and activities.
• Counsel to trade association in defense of challenges by various advocacy groups to the polar bear ESA listing and 4(d) rule.
• Representation of trade associations in federal district court and appellate litigation involving challenges to the ESA listings of Arctic bearded seals and ringed seals.
• Representation of trade associations in federal district court and appellate litigation involving challenge to the polar bear ESA critical habitat designation.

      Forestry

• Representation of trade association in federal district court litigation brought by advocacy group alleging that state authorization of timber practices in two Oregon counties violates Section 9 of the ESA.
• Defense of timber company in an administrative appeal of a forest practices authorization raising issues of statewide importance regarding road maintenance and abandonment plans.

      Mining

• Counsel to an Alaska Native regional corporation in defense to advocacy group claims that a CWA site-specific water quality criterion applicable to Alaska mine harmed native fish stocks.

Regulatory, Policy, and Enforcement

      Fisheries

• Regularly advise commercial fishing associations regarding compliance with various federal laws, including the ESA, Magnuson Act, MMPA, Migratory Bird Treaty Act, NEPA, and U.S. laws implementing international fisheries management treaties.
• Counsel to commercial fishing trade associations in numerous rulemakings involving the regulation of U.S. fisheries under federal fishery management and protected species laws.
• Counsel to trade association as Section 7 applicant in multiple ESA consultations involving two Hawaii-based longline fisheries.
• Counsel to commercial fishing trade association regarding the development of an ESA Section 10 Conservation Plan addressing incidental interactions with ESA-listed species.
• Served as a fishing industry representative on the federal False Killer Whale Take Reduction Team, initiated by NMFS to address interactions between Hawaii commercial longline fisheries and false killer whales.
• Advised fishing company regarding compliance with federal individual transferable quota rationalization program.
• Counsel to fishing company on enforcement-related matters involving alleged violations of MMPA and related federal laws.
• Counsel to fishing company regarding alleged vessel-discharge violations under the CWA and Oil Pollution Act.

      Oil & Gas

• Counsel to trade associations and individual companies on matters involving the leasing and permitting of exploration and development activities under federal laws, including advice regarding NEPA review, ESA regulation, climate change issues, and onshore and offshore permitting laws and regulations.
• Counsel to trade associations and individual companies regarding multiple federal rulemaking processes applicable to proposals to list species under the ESA and to designate critical habitat.
• Counsel to the oil and gas and geophysical exploration industries regarding the regulation of seismic exploration activities in the Arctic Ocean, the Atlantic Ocean, and the Gulf of Mexico.
• Counsel to trade association in federal rulemaking process for promulgating MMPA incidental take regulations for North Slope and Gulf of Mexico oil and gas operations, including related ESA consultation and NEPA review.
• Testified on behalf of trade association to U.S. House of Representatives Subcommittee on Energy and Mineral Resources regarding proposed amendments to the MMPA.
• Counsel to oil and gas company regarding the procurement of ESA and MMPA authorizations associated with a seismic exploration program in Cook Inlet, Alaska.
• Advised developer regarding federal environmental law compliance for the development of a first-of-its-kind LNG conversion, storage and marine LNG fueling facility in Washington.
• Counsel to an entity formed by the Alaska State Legislature on matters involving the NEPA review and associated permitting of a 737-mile natural gas pipeline project designed to bring North Slope natural gas to south-central Alaska.

      Forestry

• Advised trade association regarding the impacts of species listings under Section 4 of the ESA and associated 4(d) rules.
• Assisted forest products company with the development and implementation of a compliance system to satisfy certification requirements for controlled wood.

      Hydro

• Representation of public utility district in the development and implementation of ESA permitting strategies related to hydropower projects’ habitat conservation plans and associated hatchery mitigation programs, including the development of Hatchery Genetic and Management Plans and obtaining ESA Section 10 incidental take permits.
• Counsel to public utility district regarding alleged CWA violations related to operation of hydroelectric facilities.

      Tourism

• Advised trade association regarding application of federal laws, such as the MMPA and ESA, to cruise vessels navigating waters off Alaska.

Honors & Activities

• Named by Best Lawyers^® as Natural Resources Law “Lawyer of the Year,” Seattle, 2023
• Included in The Best Lawyers in America^® (currently: Litigation—Environmental, Natural Resources Law), 2015–2023
• Selected as one of “America’s Leading Lawyers for Business” (Washington) by Chambers USA (currently: Environment), 2015–2022
• Listed in Washington Super Lawyers^® (Environmental Litigation, Environmental, Energy & Natural Resources), 2013–2014, 2016–2022
• Chair, Permanent Advisory Committee, Western and Central Pacific Fisheries Commission, 2019–present (Member, 2015–2017)
• Board Member, Bainbridge Island High School Cross Country Boosters Board of Directors, 2020–present
• Board Member, Arctic Encounter Symposium, 2017
• Named a Top 50 Energy & Environmental Trailblazer, National Law Journal, 2016
• Member, Attorney Advisory Committee, Western Resources Legal Center, 2015–present
• Member, Executive Committee, Alaska Bar, Environmental and Natural Resources Section, 2013–2015
• Vice Chair, American Bar Association, Section of Environment, Energy, and Resources, Endangered Species Committee, 2009–2012

Insights & Presentations

• Panelist, “Endangered Species Day Panel Discussion,” American Bar Association, Endangered Species and Marine Resources Committees Presentation, May 2021
• Presenter, “Marine Mammal Conservation: ESA and the MMPA,” 28^th Annual Endangered Species Act Conference, webcast, The Seminar Group, January 2021
• Presenter, “Updates in Section 4 Listings,” 25^th and 26^th Annual Endangered Species Act Conferences, Seattle, WA, The Seminar Group, January 2018 and 2019
• Presenter, “MMPA/Offshore Legal Issues Workshop,” International Association of Geophysical Contractors and International Association of Drilling Contractors, Houston, TX, October 2018
• Panelist, “Unlocking Natural Resources—An Exploration of Environmental Regulatory Challenges to Development in the Arctic,” 4th Annual Arctic Encounter Symposium, Seattle, WA, April 2017
• Presenter, “Introduction to the Endangered Species Act,” Endangered Species Act Conference, Seattle, WA, The Seminar Group, January 2015, 2016 and 2017
• Co-chair; presenter, “Key Litigation and Regulatory Developments”; moderator, “ESA Recovery Planning in Alaska,” Permitting Strategies in Alaska, Anchorage, AK, The Seminar Group, April 2016
• Presenter, “The Marine Mammal Protection Act: A Looming Giant for Offshore Permitting,” National Ocean Industries Association, Scottsdale, AZ, October 2015
• Presenter, “Managing Interactions between Commercial Fisheries and Marine Mammals, Sea Turtles and Sea Birds,” Endangered Species Act Conference, The Seminar Group, Honolulu, HI, April 2015
• Panelist, “Acoustic Permitting for Ocean Activities,” Environmental Law Institute, Oct. 2014
• “Succeeding in Today’s Litigious Regulatory Landscape,” Resource Review, Resource Development Council for Alaska, April 2014
• Featured Speaker, “New Frontiers: Environmental Considerations for US Geological & Geophysical Activities Workshop,” International Association of Geophysical Contractors, Houston, TX, March 2014
• “Oceans and Ice: Scientific Uncertainty in the Regulation of Protected Species,” (co-author) ABA Section of Environment, Energy, and Resources, Summer 2013
• Presenter on emerging ESA topics, “Pacific Northwest Timberlands Management” seminar, Portland, OR, The Seminar Group, 2012 and 2014
• Program co-chair and speaker, “Annual Permitting Strategies in Alaska” seminar, Anchorage, AK, The Seminar Group, 2013 and 2014
• Speaker, “Fisheries & Hatcheries - Legal and Regulatory Frameworks” seminar, Seattle, WA, The Seminar Group, 2009, 2010, and 2013
• Speaker, “The Preoccupation of NGOs with Alaska Resources: Past, Present, and Future,” 34th Annual Alaska Resource Development Council Conference, Anchorage, AK, November 2013
• Speaker, “Arctic Issues: Polar Bear, Ice Seals and Walrus Listing Decisions and Oil and Gas Drilling,” 19th Annual Endangered Species Act Conference, Seattle, WA, The Seminar Group, January 2012
• Presenter, “Managing Interactions between Commercial Faculty Fisheries and Marine Mammals - Perspectives from the Commercial Longline Industry and Federal Regulators,” Endangered Species Act Conference, Honolulu, HI, The Seminar Group, April 2013
• Program co-chair and speaker, “Annual Regulation of Water in Alaska” seminar, Anchorage, AK, The Seminar Group, 2011 and 2012
• Speaker, “ESA on the Hot Seat: Climate Change, Species and Petroleum,” Fifteenth Institute for Natural Resources Law Teachers, Rocky Mountain Mineral Law Foundation, Skamania, WA, May 2011
• “The Status of Environmental Litigation Affecting Alaska Development,” Energy in Alaska, Anchorage, AK, Law Seminars International, December 2011
• “District Court Upholds Federal Rule Listing the Polar Bear as Threatened Under the Endangered Species Act,” Environmental & Land Use Law Newsletter, Washington State Bar Association, 2011
• “ESA and Climate Change,” ESA: Emerging Issues in Alaska, Anchorage, AK, Law Seminars International, February 2010
• “Oil and Gas in Alaska: Legal Developments and the Ongoing OCS Debate,” Alaska Oil and Gas Congress, Anchorage, AK, 2009
• “The Polar Bear Listing Story: Efforts to Regulate GHG Emissions Using the Endangered Species Act” (co-author), presented at the 39th Annual American Bar Association Conference on Environmental Law, Keystone, CO, March 12–15, 2009

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