Law Seminars International Presents: The Fourteenth Annual Seminar On

Wetlands in Washington
New regulations, legislative developments, case law, and practical tips for attorneys, agency officials and property owners

October 20, 2014
Washington State Convention Center in Seattle, WA

Who Should Order This Homestudy

Attorneys, environmental, real estate and land use professionals, and governmental officials

Why You Should Order

Local, state, and federal regulation of wetlands remains dynamic as regulators respond to legislative, executive, and judicial guidance and implement new rules. This seminar focuses on new issues impacting wetlands and their effect on local government, business interests, property owners, developers, and the environment.

Our distinguished faculty will discuss recent developments in federal wetlands regulation; provide a case law update of recent decisions impacting local, state, and federal wetlands regulation; examine the implementation of new mitigation banking and fee in-lieu programs; consider the interplay of wetlands regulation and shoreline master programs under the state's Shoreline Management Act; explore current issues in wetlands science; and address ethical issues in environmental litigation before government agencies. We hope to see you there.

~ Heather L. Burgess, Esq., Phillips Burgess PLLC, and Brent R. Carson, Esq., Van Ness Feldman, LLP, Program Co-Chairs

What You Will Learn


Monday, October 20, 2014

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Heather Burgess, Esq., Program Co-Chair
Phillips Burgess, PLLC / Olympia, WA

Brent R. Carson, Esq., Program Co-Chair
Van Ness Feldman LLP / Seattle, WA

8:45 am

Case Law Update

U.S. EPA water transfer rule litigation; Mingo Logan Coal Co. vs. EPA; other significant developments at the federal and state levels

Amanda M. Carr, Esq.
Plauche & Carr LLP / Seattle, WA

9:15 am

Current Issues in Shoreline Regulation

Update on shoreline master plans approved so far and what is still in the pipeline; the Department of Ecology's perspective on key issues and stumbling blocks; relationship of shoreline management program to critical areas and wetlands

Phyllis J. Barney, Esq., Assistant Attorney General
Washington State Attorney General's Office / Olympia, WA

Issues with development of wetland regulations for Shoreline Master Programs (SMP)

Amy Summe, Environmental Planner
The Watershed Company / Kirkland, WA

10:15 am


10:30 am

Wetland Mitigation Programs and Issues from the Corp's Perspective

Update on Seattle District's in-lieu fee programs and mitigation banking, including new currencies: specifically fish credits; application of the Federal Rule and its effects on the Corps' regulatory program

Gail Terzi, Senior Scientist, Mitigation Program Manager
U.S. Army Corps of Engineers / Seattle, WA

11:15 am

Mitigation Banks and In-Lieu Fee Programs

Pierce County's In-Lieu Fee Wetland Mitigation Program and Future Conservation Banking Program

Ann Boeholt, Project Manager of the In-Lieu Fee Program, Environmental Biologist
Pierce County Public Works & Utilities / Tacoma, WA

Port of Tacoma's proposed conservation bank to convert dredge spoils into an intertidal habitat

Tony Warfield, Senior Manager for Development Services withing Environmental Programs
Port of Tacoma / Tacoma, WA

Developer perspective on how the cost of buying credits compares to other options: Are the banks and in-lieu programs too expensive to ever make any sense?

Jeremy Downs, Principal Biologist / Environmental Planner
Soundview Consultants LLC / Gig Harbor, WA

12:30 pm

Lunch (on your own)

1:45 pm

Definition of Waters of the U.S.

Review of the comments on the EPA/Corps draft and the extent to which the final rules are likely to expand jurisdiction

Brent R. Carson, Esq., Program Co-Chair
Van Ness Feldman LLP / Seattle, WA

2:30 pm

Reasonable Use Exemptions and Other Options When You Can't Fit Your Round Peg into a Square Hole

Tighter regulations and the increasing need for wiggle room: The interplay between Reasonable Use Exemptions and Separate Variance Procedure; planed use development as an option

Tadas Kisielius, Esq.
Van Ness Feldman, LLP / Seattle, WA

Devon N. Shannon, Esq., Sr. Deputy Prosecuting Attorney
King County Prosecuting Attorney's Office / Seattle, WA

3:15 pm


3:30 pm

Using Science in Wetlands Applications and Litigation

Questions to be asking and tips for adjusting your case strategies

Kelly T. Wood, Esq., Moderator
Phillips Burgess, PLLC / Olympia, WA

Applicant's perspective

William E. Shiels, Principal
Talasaea Consultants, Inc. / Woodinville, WA

Local government perspective

Laura Casey, Environmental Scientist III
King County Department of Permitting and Environmental Review / Snoqualmie, WA

Ecology perspective

Alexander S. Callender, Esq., Wetland/Shoreland Specialist
Washington State Department of Ecology / Olympia, WA

4:30 pm

Ethical Issues in Environmental Litigation before Government Agencies

Direct communications with agency staff; use of experts and scope of influence in environmental reports; other key issues

Heather Burgess, Esq., Program Co-Chair
Phillips Burgess, PLLC / Olympia, WA

5:30 pm

Evaluations & Adjourn



Regular tuition for in person or webcast attendance for this program is $595 with a group rate of $445 each for two or more registrants from the same firm. For government employees, we offer a special rate of $395. For students, people in their job for less than a year, and public interest NGO's, our rate is $297.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Financial aid is available to those who qualify. Contact our office for more information.

Continuing Education Credits

Live credits: This program qualifies for 7 (incl. 1 ethics) WA CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.


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

Faculty Bios

Heather Burgess, Program Co-chair, founding member, Phillips Burgess, PLLC, practices in all phases of real estate development, from pre-acquisition due diligence, through local permitting and administrative, or judicial appeals associated with the permit process under GMA, SEPA and SMA. She is an experienced civil real estate litigator representing clients in real property-related claims.

Brent R. Carson, Program Co-Chair, member, Van Ness Feldman LLP, is experienced in local, state and federal land use and environmental entitlements processes. His litigation practice includes defense of environmental enforcement actions and development approvals before local and state administrative tribunals and in court, as well as resolving real property disputes.

Kelly T. Wood, Moderator, Phillips Burgess, PLLC, focuses on environmental and land use litigation, including: the Comprehensive Environmental Response, Compensation, and Liability Act, the Model Toxics Control Act, Clean Water Act, Clean Air Act, Shoreline Management Act, and Growth Management Act.

Phyllis J. Barney is an Assistant Attorney General for Washington State, and represents the Department of Ecology and the Washington State Conservation Commission. Her main practice areas are water quality and shorelines.

Ann Boeholt, Environmental Biologist and Certified Professional Wetland Scientist, Surface Water Management Division of Pierce County Public Works and Utilities, is the Project Manager for the Pierce County In-Lieu-Fee program, a program that will provide another option to public and private entities that have unavoidable, permitted wetland impacts and are in need of providing wetland compensation.

Alexander S. Callender is Wetland/Shoreland Specialist at the Washington State Department of Ecology. He worked on the Puyallup watershed reviews and was involved in the restoration and river development discussion.

Amanda M. Carr, partner, Plauche & Carr LLP, counsels on environmental, land use, and natural resource matters, with a focus on marine, shoreline, and wetlands issues. She assists with strategic planning, project permitting, regulatory compliance, and enforcement matters including the Clean Water Act, Rivers and Harbors Act, and the Shoreline Management Act and Growth Management Act.

Laura Casey, Environmental Scientist III, King County Department of Permitting and Environmental Review, regulates environmentally sensitive areas including wetlands, aquatic areas, wildlife and shorelines. She reviews development permits for conformance with critical areas and shoreline regulations, provides technical assistance to the public, and assists with internal code interpretation and code development.

Jeremy Downs, Soundview Consultants LLC, is a Principal Biologist and Environmental Planner with experience in land use, site planning and design, project coordination, permitting and management, marine and wetland ecology, habitat restoration, wetland, stream, and eelgrass delineations and assessments, biological assessments, benthic surveys, stream assessments, underwater and terrestrial monitoring programs, and mitigation planning.

Tadas Kisielius, Moderator, partner, Van Ness Feldman, LLP, represents clients on issues pertaining to land use and water resources law. His work includes permitting of new appropriations, transfers and changes of existing water rights and water rights transactions.

Devon N. Shannon is a Senior Deputy Prosecuting Attorney in the Land Use Section of the King County Prosecuting Attorney's Office. Previously, she worked on land use and environmental issues in private practice.

William E. Shiels, Principal, Ecologist, Environmental Planner, Talasea Consultants, Inc., works in natural resources, environmental planning and design, project management, and field and laboratory analysis, concentrating on aquatic resources assessment. He's experienced in environmental restoration and assessments, wetland studies and mitigation design and water quality studies of marine and estuarine environments.

Amy Summe, an Environmental Planner at The Watershed Company, has worked with critical areas of the Pacific Northwest, including streams, wetlands, shorelines and wildlife habitat, specializing in state and federal permitting. She focuses on Shoreline Master Program Updates, and has worked with more than 40 jurisdictions.

Gail Terzi, Senior Scientist and Compensatory Mitigation Program Manager for the Regulatory Branch of U.S. Army Corps of Engineers, Seattle, focuses on implementation of, and training in, the Federal Rule on Compensatory Mitigation.

Tony, Warfield, Senior Manager for Development Services within Environmental Programs, Port of Tacoma, manages the group that conducts the Portís environmental permitting and mitigation planning, manages the Portís industrial, municipal and sand and gravel stormwater permits, invasive species control and spill response.