Law Seminars International Presents: The Annual Comprehensive Conference on the 25th Anniversary of the

Growth Management Act (GMA)
Priority topics of the moment and perspectives on what lies ahead



November 19 & 20, 2015
Courtyard Marriott / Pioneer Square in Seattle, WA

Who Should Order This Homestudy

Attorneys, planners, real estate and environmental professionals; Tribal, city and county officials, and anyone else involved in managing growth and development in Washington

Why You Should Order

Twenty-five years after its adoption, the Growth Management Act (GMA) continues to evolve and play a central role in shaping our state's growth and our use of natural resources. It was born of political compromise that established often-conflicting goals, which have resulted in significant amendments over the years. Accordingly, and despite almost a quarter century of efforts to implement the GMA, local governments, public interest groups, property owners, businesses, and other stakeholders continue to debate its meaning and argue over efforts to best achieve its goals and requirements.

We have designed this year's program to address current topics of heightened interest. Even though the Washington State legislature identified many of these topics as being among the foremost challenges to managing growth in our state in 1990, we still struggle with how to address them regionally and at a statewide level. These major topics include providing and incentivizing affordable housing; managing competition for natural resources; protecting critical areas while facilitating growth; preventing sprawl and containing urban growth; and many others.

Our speakers are recognized experts in their fields and will offer a wide range of perspectives on the cornerstone land use statute in Washington State and other related statutes and regulations. We invite you to attend this conference to hear insights from them on priority topics of the moment and perspectives on what lies ahead.

~ Program Co-Chairs: Tadas Kisielius, Esq. of Van Ness Feldman LLP, and Duana T. Kolouskova, Esq. of Johns Monroe Mitsunaga Kolouskova, PLLC

What You Will Learn



Agenda

Thursday, November 19, 2015

8:00 am

Registration Opens

^Name (Chairs)

 
8:30 am

Introduction & Overview

Tadas A. Kisielius, Esq., Program Co-Chair
Van Ness Feldman LLP / Seattle, WA

Duana T. Kolouskova, Esq., Program Co-Chair
Johns Monroe Mitsunaga Kolouskova, PLLC / Bellevue, WA

 
8:45 am

Water and Growth Management

Update on the Whatcom County v. Eric Hirst et. al. Court of Appeals decision on rural growth management measures to protect water resources and their effect on the use of "exempt" wells for groundwater withdrawals to supply new development

Tadas Kisielius, Esq., Program Co-Chair, Moderator
Van Ness Feldman LLP / Seattle, WA

Stakeholder perspectives on the interplay between the Growth Management Act and the regulatory structure for water resource management

James C. Carmody, Esq.
Meyer, Fluegge & Tenney P.S. / Yakima, WA

Jean O. Melious, Esq.
Nossaman LLP / Bellingham, WA

Alan Reichman, Esq., Senior Counsel
Washington State Office of the Attorney General / Olympia, WA

 
10:15 am

Break

 
10:30 am

Traffic, Infrastructure, and Transportation Planning

Traffic flows: Status report from a traffic engineer's perspective

Mark Hallenbeck, Director, Washington State Transportation Center
University of Washington / Seattle, WA

State-level policy development: Post-op on the 2015 transportation package

Michael E. Shaw, Attorney/Lobbyist
Shaw - Government Relations / Seattle, WA

Implications for transportation planning at the local level

Tracy Krawczyk, Director
City of Seattle / Seattle, WA

 
11:45 am

Lunch (on your own)

 
1:00 pm

Special Address: The Importance of Regional Solutions for Mobility

Mobility as the public's #1 concern: Why we need a regional focus to meet our environmental values while promoting economic development

The Hon. Dow Constantine, Executive
King County / Seattle, WA

 
1:30 pm

Marine Spatial Planning: Washington's Pacific Coast

Update on state planning efforts underway per RCW 43.372: What is the status of planning, how is it being done, and what will be the next steps?

Jennifer Hennessey, Senior Ocean Planner
Washington Department of Ecology / Olympia, WA

 
2:00 pm

SEPA Review of Controversial Marine Terminal Projects

Legal issues arising from the use of SEPA to challenge fossil fuel projects at the local level; implications of using SEPA to address broader issues by focusing on indirect impacts; the scope of the similar use exemption to SEPA review marine projects

Svend Brandt-Erichsen, Esq.
Marten Law PLLC / Seattle, WA

Practical considerations from a port's perspective

Traci M. Goodwin, Esq., Senior Port Counsel
Port of Seattle / Seattle, WA

 
3:00 pm

Break

 
3:15 pm

Flooding and Resulting Restrictions on Development

Molly Lawrence, Esq.
Van Ness Feldman LLP / Seattle, WA

 
4:00 pm

GMA and Affordable Housing

Perspectives on the goal and how we are doing

John V. Fox, Coordinator
Seattle Displacement Coalition / Seattle, WA

John "Jack" McCullough, Esq.
McCullough Hill Leary PS / Seattle, WA

 
5:00 pm

Adjourn Day 1

 

Friday, November 20, 2015

8:30 am

Special Issues in Land Development by Tribal Entities: One City's Experience

Bob C. Sterbank, Esq., City Attorney
City of Snoqualmie / Snoqualmie, WA

 
9:15 am

Voluntary Stewardship Programs (VSPs) as an Alternative Approach for Protecting Critical Areas on Agricultural Lands while Maintaining the Viability of Agriculture

Update on the Department of Commerce's VSP rulemaking; State Conservation Commission administration mechanism; county development of a work plan for Commission technical panel review; option for watershed work plans; fallback procedures for GMA compliance

Ron Shultz, Esq., Director of Policy & Intergovernmental Relations
Washington State Conservation Commission / Olympia, WA

Case study of Thurston County's work with landowners and other stakeholders to develop voluntary, site-specific stewardship plans and with Tribes and other stakeholders to establish a watershed-based planning group

Charissa Waters, Associate Long-Range Planner, Resource Stewardship Department
Thuston County / Olympia, WA

 
10:30 am

Break

 
10:45 am

Case Law Updates

Land use decisions in the state courts

Richard L. Settle, Esq.
Foster Pepper PLLC / Seattle, WA

Growth Management Hearings Board: Dragonslayer v. City of La Center, Futurewise v. Benton County, Abolins v City of Seattle, Hood Canal Sand & Gravel, et al v Jefferson County, and Preserve Responsible Shoreline Management v City of Bainbridge Island

Nina L. Carter, Director
Environmental & Land Use Hearings Office / Olympia, WA

Margaret A. Pageler, Esq., Senior Board Member
Growth Management Hearings Board / Olympia, WA

Pollution Control Hearings Board and Shoreline Hearings Board

Thomas McDonald, Esq.
Cascadia Law Group PLLC / Olympia, WA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Urban Growth Area (UGA) Sizing

An ongoing process under the GMA affecting different cities at different times: What are the current key issues in balancing developer interest in larger areas vs. competing interest in more compact urban areas?

Dave Andersen, AICP, Moderator, Eastern Regional Manager, Growth Management Services Office
Washington State Department of Commerce / Spokane, WA

Duana Kolouskova, Esq., Program Co-Chair
Johns Monroe Mitsunaga Kolouskova, PLLC / Bellevue, WA

Tim Trohimovich, Esq., Director, Planning & Law
Futurewise / Seattle, WA

Clay White, Planning & Development Services Director
Snohomish County / Everett, WA

 
3:15 pm

Break

 
3:30 pm

Ethical Dilemmas in Land Use Cases

Peter J. Eglick, Esq.
Eglick Kiker Whited PLLC / Seattle, WA

Robert D. Johns, Esq.
Johns Monroe Mitsunaga Kolouskova, PLLC / Bellevue, WA

 
4:30 pm

Evaluations and Adjourn

 


Cost

Regular tuition for in person or webcast attendance for this program is $895 with a group rate of $670 each for two or more registrants from the same firm. For government employees, we offer a special rate of $595. For students, people in their job for less than a year, and public interest NGO's, our rate is $447.50. 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 12.75 (Incl. 1 Ethics) WA CLE. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.



Cancellation

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



Faculty Bios

Tadas A. Kisielius, Program Co-Chair, partner, Van Ness Feldman LLP, focuses on land use, water resources, and environmental law, including drafting, adopting and defending regulations required by the Growth Management Act (GMA), the Shoreline Management Act (SMA), and the State Environmental Policy Act (SEPA).

Duana T. Kolouskova, Program Co-Chair, partner, Johns Monroe Mitsunaga Kolouskova, PLLC, focuses on land use, environmental, municipal, construction, and real estate law, including permitting, local administrative processes and land development. Previously, she was a Deputy Prosecuting Attorney for Snohomish County, representing the Planning and Development Services and Public Works Departments, the Hearing Examiner and the County Council.

The Hon. Dow Constantine, Special Address, Executive, King County, has been a consistent supporter of transportation alternatives as a Sound Transit board member and former Chair of the Council's Transportation and Regional Transit Committees.

Dave Andersen, Eastern Regional Manager in the Growth Management Services Office, Washington Department of Commerce, managed the review and update of the agency's administrative rules implementing the Growth Management Act.

Svend Brandt-Erichsen, managing partner at Marten Law PLLC's Seattle office, focuses on the development and ongoing operation of energy and natural resource projects. He represents Westway Terminals, developer of one of the proposed crude-by-rail terminals in Grays Harbor, Washington.

James C. Carmody, Meyer, Fluegge & Tenney, P.S., is experienced in business, corporate, real estate, and land use/environmental planning. He is general counsel to business and corporate entities throughout Central Washington, including agribusiness, manufacturing, sales, distribution, and medical/health care.

Nina L. Carter, Director of the Environmental & Land Use Hearings Office and Board Member of the Growth Management Hearings Board. She is experienced in public and non-profit sector management, public policy and environmental conservation in Washington State.

Peter J. Eglick, partner, Eglick Kiker Whited PLLC, practices land use and administrative law for community associations and property owners and works with cities on matters ranging from SEPA, LUPA, and GMA to the First Amendment and allegations of official misconduct.

John Fox is Coordinator of the Seattle Displacement Coalition. He and the Coalition, have had a hand in development of legislation, including GMA and SEPA, that affect preservation of affordable housing in Seattle especially laws requiring developers to pay relocation or replace housing they remove.

Traci M. Goodwin, Senior Port Counsel, Port of Seattle, focuses on major capital projects like the Southwest Harbor Redevelopment Project at Terminal 5, the Master Plan Update at Seattle-Tacoma International Airport, the Sound Transit Link Light Rail project at the Airport and the interim lease for Foss Maritime at Terminal 5.

Mark Hallenbeck is Director of the Washington State Transportation Center (TRAC), a cooperative transportation research agency at the University of Washington.

Jennifer Hennessey, Senior Ocean Planner, Washington Department of Ecology, focuses on ocean planning and policy for Washington's Coastal Zone Management Program, including leading the development of a marine spatial plan for Washington's Pacific Coast and coordinating with other states, Tribes and federal agencies on regional and national ocean issues.

Robert D. Johns, retired senior partner, Johns Monroe Mitsunaga Kolouskova, PLLC, was involved in representing the housing industry on real estate and land use issues. He was legal counsel to the Master Builders of King and Snohomish Counties.

Molly Lawrence, partner, Van Ness Feldman LLP, focuses on land use law, drafting new and revised development regulations and agreements, and counseling on flood hazard regulations.

John (Jack) C. McCullough, McCullough Hill Leary PS, concentrates on land use law and real estate financing and development. He has experience in the Growth Management Act, zoning, shoreline regulations, environmental compliance and wetland regulation.

Thomas McDonald, partner, Cascadia Law Group PLLC, focuses on water resource management, water rights and water quality. Previously, he was Chair of the Pollution Control Hearings Board and Shorelines Hearings Board.

Jean O. Melious, partner, Nossaman LLP, focuses on land use and environmental law. One of her clients is the name petitioner in the Hirst v. Whatcom County water case that is the subject of this session.

Margaret A. Pageler, Senior Board Member, Growth Management Hearings Board, was previously with the Seattle City Council.

Alan Reichman, Senior Counsel, Washington State Office of the Attorney General, Ecology Division, is Section Manager for Water Resources and Lead Counsel to the Department of Ecology's Water Resources Program.

Richard L. Settle, 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.

Michael E. Shaw, attorney and lobbyist, Shaw - Government Relations, represents King County, Pierce County, the Washington State Transit Association, Sound Transit, the American Public Works Association, the American Planners Association, Utility Service Group Inc., the Washington Bar Association, and the Washington State Association of Boundary Review Boards.

Ron Shultz, Director of Policy & Intergovernmental Relations at the Washington State Conservation Commission, is the agency lead for the Voluntary Stewardship Program and oversees the state Office of Farmland Preservation. Previously, he was the Natural Resources Advisor to Governor Gary Locke.

Bob C. Sterbank, City Attorney, City of Snoqualmie, was the City Attorney for the cities of Lake Forest Park and DuPont and as special counsel for numerous Puget Sound-area cities land use and shoreline planning and litigation matters.

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

Charissa Waters, Associate Long-Range Planner, Thurston County Resource Stewardship Department, focuses on collaborative watershed management, primarily through the use of creative conservation mechanisms and incentives-based programs.

Clay White, Planning & Development Services Director, Snohomish County, has a special interest in land use and water law and is currently co-chair of the Regional Staff Committee for the Puget Sound Regional Council and a member of the Transportation Improvement Board.