Law Seminars International Presents: The Eighth Annual Advanced One-Day Workshop on

The latest on compliance from developing proposals through judicial review

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)

January 12, 2011
Washington State Convention Center in Seattle, WA

Who Should Order This Homestudy

Attorneys, real estate and environmental professionals, consultants and governmental representatives

Why You Should Order

This workshop will cover the entire range of SEPA/NEPA compliance processes today, from developing proposals and alternatives through judicial review, for both project and non-project actions. The program will be oriented to proposals large and small, addressing exemption determinations, mitigated DNSs, FONSIs and EISs, and will include perspectives of government agencies, proponents and opponents.

Special attention will be given to rapidly developing law and policy on climate change impacts.

In recognition of the interdisciplinary nature of SEPA/NEPA compliance teams, the respective roles of lawyers, environmental professionals and governmental officials will be a pervasive theme, as will similarities and differences between SEPA, NEPA, GMA and joint compliance processes.

~ Rodney L. Brown, Jr., Esq. and Richard L. Settle, Esq., Program Co-Chairs

What You Will Learn


Wednesday, January 12, 2011

8:00 am

Registration and Continental Breakfast

8:30 am

Introduction and Overview

Rodney L. Brown, Jr., Esq., Program Co-Chair
Cascadia Law Group PLLC / Seattle, WA

Richard L. Settle, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA

8:45 am

Legal Updates for SEPA and NEPA

New NEPA cases; what to expect after the past midterm elections on climate change issues and in other areas

Owen L. Schmidt, Esq.
Owen L. Schmidt LLC / Portland, OR

Recent cases and other developments under Washington's SEPA

Brent Carson, Esq.
GordonDerr LLP / Seattle, WA

10:00 am

Break: Coffee, Tea and Conversation

10:15 am

SEPA and Climate Change Impacts

Ecology's 2010 Draft SEPA Guidance for assessing climate change impacts; lack of spatial limits on impacts as a unique consideration; perspectives on the basis for legal authority and potential challenges to the new Guidance

Laura J. Watson, Esq, Assistant Attorney General - Ecology Division
Washington State Attorney General's Office - Ecology Division / Olympia, WA

Tim Trohimovich, Esq., Co-Director, Planning and Law
Futurewise / Seattle, WA

Patrick J. Schneider, Esq.
Foster Pepper PLLC / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

The Challenge to Puget Sound Regional Council's Regional Transportation Plan for 2040

Does the Transportation 2040 plan violate SEPA by failing to adequately consider greenhouse gas emissions? What are the key legal and scientific issues?

Melody B. McCutcheon, Esq.
Hillis Clark Martin & Peterson, P.S. / Seattle, WA

Jeffrey M. Eustis, Esq.
Aramburu & Eustis, LLP / Seattle, WA

2:15 pm

Expediting SEPA Approval for "Smart Growth" Projects and Sustainable Development

New SEPA amendment to bypass project level review for sufficiently green development; how it compares to the Planned Action Review process; what form expedited SEPA review might take in the future

Alexander (Sandy) W. Mackie, Esq.
Perkins Coie LLP / Olympia, WA

Paul Roberts, President
Paul Roberts & Associates LLC / Everett, WA

3:15 pm

Break: Coffee, Tea and Conversation

3:30 pm

SEPA Compliance: Do Alternatives Need to be Addressed Under Threshold Review?

To what extent are you required to analyze alternatives under SEPA when you are not doing an EIS?

Joshua C. Allen Brower, Esq.
Tupper | Mack | Brower PLLC / Seattle, WA

4:15 pm

Tips for Developers and Local Governments Seeking Faster Permitting

Alison Moss, Esq.
Dearborn & Moss PLLC / Seattle, WA

Richard R. Wilson, Esq.
Hillis Clark Martin & Peterson, P.S. / Seattle, WA

G. Richard Hill, Esq.
McCullough Hill, PS / Seattle, WA

5:30 pm

Evaluations and Adjourn



Regular tuition for in person or webcast attendance for this program is $695 with a group rate of $595 each for two or more registrants from the same firm. For government employees, we offer a special rate of $495. For students and people in their job for less than a year, our rate is $347.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.


There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

This program qualifies for 7 WA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Faculty Bios

Rodney L. Brown, Jr., Program Co-Chair, founding partner of Cascadia Law Group PLLC, a Northwest environmental law firm, has permitted many projects under NEPA and SEPA. He also helped create and reform many of our existing environmental regulatory systems, including the Model Toxics Control Act, the Growth Management Act, and the Regulatory Reform Act. He has served on the Washington State Climate Action Team and is a Super Lawyer.

Richard L. Settle, Program Co-Chair, of counsel to Foster Pepper PLLC, focuses on land use, environmental and municipal law and represents landowners, municipalities and citizen groups. He is a professor at the Seattle University School of Law where he teaches land use, environmental, real property and tort law. He is recognized as a Top Lawyer in Washington for Environmental/Natural Resources by Washington CEO.

Joshua C. Allen Brower, partner at Tupper | Mack | Brower PLLC, focuses on land use, development and real estate with an emphasis on complex project permitting, appeals and litigation. He previously worked as an environmental planner and consultant.

Brent Carson, partner at GordonDerr LLP, focuses on issues concerning wetlands, threatened and endangered species, shorelines, SEPA/NEPA, rezones, comprehensive plan amendments, concurrency, and impact fees. His practice includes land use litigation, including appellate proceedings.

Jeffrey M. Eustis, partner at Aramburu & Eustis, LLP, focuses on land use and environmental law. He is the author of Chapter 111, Land Use Appeals and Litigation-Challenging the Action, within the Real Property Deskbook and an adjunct professor of law at Seattle University where he teaches a course on the GMA and on NEPA, SEPA and the ESA.

G. Richard Hill, partner at McCullough Hill, PS, focuses on the land use entitlement process, assisting clients in obtaining governmental approvals for developments. He is listed in The Best Lawyers in America and Chambers USA.

Alexander (Sandy) W. Mackie, partner, Perkins Coie LLP, is experienced in land use and environmental law policy and practice. His clients include counties and private companies. He is also chairman of the Association of Washington Business Land Use and Environmental committee.

Melody B. McCutcheon focuses on land use and environmental law at Hillis Clark Martin & Peterson, P.S. She is also an outside council to the Puget Sound Regional Council. Previously, she was a senior planner for City of Seattle’s Department of Planning and Development.

Alison Moss, partner at Dearborn & Moss, PLLC, focuses her practice on the Growth Management Act and federal, state, and local wetlands, and fish and wildlife regulations. She wrote the Washington Lawyers Practice Manual on wetlands and is named a Washington Super Lawyer.

Paul Roberts is President of Paul Roberts & Associates LLC, a consulting firm specializing in land use, environment, transportation, aviation and economic developments. He is a member of the Everett City Council, Chair of the Puget Sound Clean Air Agency Board of Directors and a member of the Sound Transit Board of Directors.

Owen L. Schmidt is an environmental consultant and principal of Owen L. Schmidt LLC. Previously, he was Senior Counsel with the U.S. Department of Agriculture's Office of the General Counsel in Portland, OR, where he wrote NEPA Models and Case Lists.

Patrick J. Schneider, member at Foster Pepper PLLC, focuses on land use and municipal law practice with experience in project permitting and litigation. He is one of the drafters of the Land Use Petition Act.

Tim Trohimovich is Co-Director of Planning and Law at Futurewise, a citizens' group that promotes healthy communities and cities while protecting working farms and forests.

Laura J. Watson, Assistant Attorney General and Section Manager with the Ecology Division of the Attorney General's Office, represents the Department of Ecology on climate change, shorelines, water quality and oil spills. She also represents the Puget Sound Partnership.

Richard R. Wilson, principal at Hillis Clark Martin & Peterson, P.S., focuses on land use and real estate law with emphasis on master planned developments, subdivisions and business parks. He is listed in The Best Lawyers in America and Chambers USA and was named a Super Lawyer.