Law Seminars International Presents

A Comprehensive Two-Day Conference on

Land Use in Eastern Washington

New regulations, rules and challenges for local communities, rural areas and local governments

July 9 & 10, 2007
Doubletree Inn Spokane - City Center in Spokane, WA
Register      Download PDF Brochure

Who Should Attend

Lawyers, real estate professionals, government and tribal officials, planners, consultants, engineers, land owners and developers

Why Attend

Controversial and complicated issues relating to land use, development and growth management are not limited to the Puget Sound. Population and job growth are showing strong trends east of the Cascades as well. Deadlines for Growth Management Act updates for Eastern Washington jurisdictions are either already here, or happening in the very near future. Other state and federal statutes and regulatory programs apply across the state, including the endangered species act, clean water act, and water rights statutes, by way of example only. The new voter initiative promoting alternative energy supplies is triggering significant permitting activity (and opposition) in Eastern Washington. Although the property rights initiative, I-933, did not pass statewide, some of the underlying sentiments remain strong, especially in Eastern Washington, and remain a significant force to be addressed in the permit process. These problems, and the laws adopted to address them, are posing new challenges for local communities struggling to plan for growth and the changing use of the land. Bringing a high level of expertise from both east and west of the Cascades, this conference is intended not just for lawyers, but also for land owners, developers, government staff and officials, and others working with or interested in negotiating the intricate and overlapping regulations that apply to almost any use of real property. ~ Program Co-Chairs: Jay P. Derr, Esq. and Stanley M. Schwartz Esq.

What You Will Learn

* Review of recent Appellate Court decisions * Growth Management Act issues in Eastern Washington * Water: The interface between water supply and land use * Issues arising under the Endangered Species Act * The Clean Water Act's impacts on Eastern Washington * The legal framework for wind power siting * Tribal Government role and perspectives * Revising urban growth area boundaries: Lessons from Eastern and Western Washington * Case studies of three types of major land developments in Eastern Washington

What Attendees Have Said About Similar Programs

~ very informative, particularly for future reference ~ brisk, interesting and thought provoking ~ exceptional, very informed speakers and great subject coverage


Monday, July 09, 2007

8:00 am Registration and Continental Breakfast
8:30 am Update on New Law and Unresolved Issues: A Review of Recent Appellate Court Decisions
  What has been litigated; what has been left unresolved; the implications for moving forward
  Jay P. Derr, Esq., Program Co-Chair
Buck & Gordon LLP / Seattle, WA
  Stanley M. Schwartz, Esq., Program Co-Chair
Witherspoon Kelley Davenport & Toole PS / Spokane, WA
9:15 am Contending with the Growth Management Act
  Critical Areas Ordinance requirements: "Guidelines vs Requirements"; Spokane County Comprehensive Plan Update processes and progress
  F. J. Dullanty, Jr., Esq.
Witherspoon Kelley Davenport & Toole PS / Spokane, WA
  Converting agricultural lands to other uses and mineral resource designations
  Kenneth W. Harper, Esq.
Menke Jackson Beyer Elofson Ehlis & Harper, LLP / Yakima, WA
10:15 am Break
10:30 am Water: The Interface Between Water Supply and Land Use
  Assuring water supply: Demonstration of water availability for development; reliance on exempt wells; SEPA challenges and new developments in water transfers or new supplies
  Rachael Paschal Osborn, Esq., Executive Director
Columbia Institute for Water Policy / Spokane, WA
  Update on litigation affecting land use: Idaho Adjudication, Yakima Adjudication, municipal water law cases, and other new developments.
  Peter G. Scott, Esq.
Gough, Shanahan, Johnson & Waterman / Helena, MT
  Update on water resource management, legislation and litigation of interest to land use
  Terese (T.C.) Neu Richmond, Esq.
Buck & Gordon LLP / Seattle, WA
12:00 pm Lunch (on your own)
1:15 pm In-Stream Flows, Riparian Buffers on Natural Resource Lands, and Other Issues Arising Under the Endangered Species Act
  Demystifying the consultation process; what municipalities need to know; update on Department of Transportation litigation
  James M. Lynch, Esq.
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA
  Demystifying the Consultation Process; What municipalities need to know; Update on Department of Transportation litigation
  Susan B. Martin, Supervisor of the Upper Columbia Fish and Wildlife Office
U.S Fish and Wildlife Service / Spokane, WA
2:15 pm Revising Urban Growth Area Boundaries: Lessons from Eastern and Western Washington
  Perspectives from, and dealing with, CTED and local government.
  Dave Andersen, AICP, Plan Review and Technical Assistance Manager
Washington State Department of Community, Trade and Economic Development / Olympia, WA
  Philip A. Lamb, Esq.
Lamb Legal / Yakima, WA
3:30 pm Break
3:45 pm How Recent Developments in The Clean Water Act Impact Eastern Washington
  Wetlands issues: Supreme Court decisions on jurisdiction and regulatory developments on mitigation
  Taudd A. Hume, Esq.
Foster Pepper PLLC / Spokane, WA
  CWA permitting issues: Decisions on permit requirements for dams and inter-body water transfers; decisions and guidance relating to permit requirements for applications of pesticides, herbicides and the like
  P. Stephen DiJulio, Esq.
Foster Pepper PLLC / Seattle, WA
5:00 pm Reception for Faculty and Attendees Sponsored by Buck & Gordon LLP and Witherspoon Kelley Davenport & Toole PS

Tuesday, July 10, 2007

8:00 am Registration and Continental Breakfast
8:30 am Wind Power: Legal Framework for Wind Power Siting
  An overview of EFSEC and local permitting processes
  James O. Luce, Chair
Washington State Energy Facility Site Evaluation Council / Olympia, WA
  Case study: Klickitat County’s unique energy overlay zone permitting process
  Kenneth J. Gish, Jr., Esq.
Kirkpatrick & Lockhart Preston Gates Ellis LLP / Seattle, WA
  Essential elements of a wind power project: Permitting process (local and state; implications for local GMA plans and essential public facility requirements); particular environmental constraints (guidelines for mitigation that can and should be required)
  James C. Carmody, Esq.
Velikanje Moore & Shore, P.S. / Yakima, WA
10:30 am Break
10:45 am Tribal Government Role and Perspectives
  Infrastructure development: Case study on casino permitting process
  Scott Wheat, Esq., Deputy Legal Counsel
Office of the Spokane Tribal Attorney / Wellpinit, WA
  Tribal structure and sovereignty principles and their relationship to land development regulations; Tribal perspectives on water issues
  Stephen H. Suagee, Esq., Office of the Reservation Attorney
Confederated Tribes of the Colville Reservation / Nespelem, WA
  Implications of federal, tribal, state and local cultural property protection laws
  Sharon I. Haensly, Esq.
Williams, Kastner & Gibbs PLLC / Seattle, WA
12:15 pm Lunch (on your own)
1:30 pm Lessons from Recent Development Projects
  Case study descriptions of how three types of major developments in Eastern Washington address the land use and environmental issues in Eastern Washington
  Master Plan Resort
  Traci Shallbetter, Esq., Development Manager
Suncadia / Roslyn, WA
  Large residential development
  J. Patrick Aylward, Esq.
Jeffers, Danielson, Sonn & Aylward, PS / Wenatchee, WA
  Winery development
  Michael T. Reynvaan, Esq.
Perkins Coie LLP / Seattle, WA
3:00 pm Evaluations and Adjourn


Regular tuition for this program is $895 with a group rate of $795 each for two or more registrants from the same firm. For government employees, we offer a special rate of $695. For students and people in their job for less than a year, 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.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Monday, July 2, 2007. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 11.75 WA CLE credits. WA AICP, Appraiser and Real Estate credits are pending. Upon request, we will apply for CLE credits in other states and other types of credits.


The conference will be held at the Doubletree Hotel Spokane - City Center at 322 N. Spokane Falls Court in Spokane, WA 99201 USA. Call the hotel directly at (509) 455-9600 for reservations. Rooms are on a first come, first served basis.
More about the Location

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $905. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Jay P. Derr, Program Co-Chair, managing partner at Buck & Gordon LLP, practices in land use and environmental law and serves as Special Land Use Counsel for cities and counties throughout Washington. He is named in "The Best Lawyers in America" and a "Super Lawyer" by Washington Law & Politics.

Stanley M. Schwartz, Program Co-Chair, partner at Witherspoon Kelley Davenport & Toole PS, focuses on land use, zoning and planning, municipal, real estate, environmental, and water law. As a municipal attorney, he acts as the City Attorney for the cities of Airway Heights and Liberty Lake and is an adjunct professor at Gonzaga University School of Law.

Dave Andersen, AICP, is the Plan Review and Technical Assistance Manager for the Growth Management Services office of the Washington State Department of Community, Trade and Economic Development (CTED). He supervises CTED's review of local planning under the GMA and is responsible for tracking local progress on updating comprehensive plans and regulations as required by the GMA.

J. Patrick Aylward, partner at Jeffers, Danielson, Sonn & Aylward, PS, focuses on real estate law, land use law and commercial litigation representing governmental, institutional and individual clients, as well as handling complex transactions and litigation in all practice areas.

James C. Carmody, a partner at Velikanje Moore & Shore, P.S., has extensive experience in the areas of land use and environmental law as well as corporate and business law.

P. Stephen DiJulio, partner at Foster Pepper PLLC, focuses on litigation involving state and local governments, land use, and environmental law. His experience includes eminent domain, utilities (water, waste water, stormwater) local improvement districts, facility siting and contractor litigation. He is listed as a Super Lawyer by "Washington Law & Politics."

F. J. Dullanty, Jr., partner, Witherspoon, Kelley, Davenport & Toole PS, practices in land use, environmental law, real property, and municipal law. He is also active in growth management and has authored articles in the areas of land use, environmental and real property law. Previously, he was an Assistant City Attorney for the City of Spokane.

Kenneth J. Gish, Jr., of Kirkpatrick and Lockhart Preston Ellis Gates LLP (K&L Gates), focuses on water rights, water quality and environmental litigation, as well as regulatory aspects of the energy and utilities industry. He is Vice Chair of the American Bar Association's Water Resources Committee and Director of the American Water Resources Association - Washington section.

Sharon I. Haensly, of counsel with Williams, Kastner & Gibbs PLLC's tribal law practice, focuses on advising tribal governments and businesses. She has extensive experience in environmental, land use and natural resources and cultural resources protection, and has practiced before state and federal administrative agencies.

Kenneth W. Harper, partner at Menke Jackson Beyer Elofson Ehlis & Harper, LLP, practices municipal land use law including administrative and judicial litigation associated with retail, industrial, and residential projects. He also drafts legislation for municipalities in the areas of SEPA and GMA compliance.

Taudd A. Hume of Foster Pepper PLLC focuses his practice on litigation and land use planning and environmental law. Previously, he was an attorney with Lukins & Annis, P.S. in Spokane, where he handled general municipal law matters, land use matters and litigation matters.

Philip A. Lamb, Yakima attorney in private practice, focuses on local land and development-related issues and is occasional examiner for Klickitat County and the City of Moxee, and contract city attorney for Cle Elum. Previously, he was Contract Hearing Examiner for Yakima County, the City of Yakima, and in-house city attorney for Union Gap.

James M. Lynch, of counsel with Kirkpatrick & Lockhart Preston Gates Ellis LLP, focuses on regulatory compliance and environmental law with an emphasis on the Federal Power Act, ESA and NEPA. He advises industry associations, including the timber industry, fishing groups and public utilities, on ESA compliance and permitting.

James M. Lynch, of counsel with Kirkpatrick & Lockhart Preston Gates Ellis LLP, focuses on regulatory compliance and environmental law with an emphasis on the Federal Power Act, ESA and NEPA. He advises industry associations, including the timber industry, fishing groups and public utilities, on ESA compliance and permitting.

Susan B. Martin, Supervisor, U.S. Fish and Wildlife Service, Upper Columbia Fish and Wildlife Office in Spokane oversees implementation of Service programs in the five northern Idaho counties, and in Washington from the border west to the Cascade crest focusing on the Endangered Species Act (consultation, HCPs and (recovery), restoration projects on private lands, and assessing the impacts of contamination on fish and wildlife resources.

Rachael Paschal Osborn is Executive Director of the Columbia Institute for Water Policy, an organization dedicated to the sustainable and equitable use of freshwater resources throughout the Columbia Watershed. She is a public interest water lawyer and teaches water law at Gonzaga University Law School.

Michael T. Reynvaan, partner with Perkins Coie LLP is head of the firm's Wine Industry Practice Group which encompasses corporate formation, mergers and acquisitions, water rights, land use, state and federal regulatory compliance, trademark and copyrights, and dispute resolution. He is listed in The Best Lawyers in America and a "Super Lawye"” by Washington Law & Politics.

Terese (T.C.) Neu Richmond, of Buck & Gordon LLP, focuses on environmental law, with emphasis on matters affecting the long-term quantity and quality of water for in-stream, municipal, industrial and agricultural uses. Previously, as a Special Assistant to the Governor (WA), she negotiated federal water resource legislation with Congressional delegation, Indian tribes, agricultural interests, environmental groups, and federal agencies in the Yakima River basin.

Peter G. Scott is a water resource and land use attorney with Gough, Shanahan, Johnson & Waterman. He serves as regulatory and litigation counsel for municipalities, special districts, companies and private land owners throughout the Columbia River Basin.

Traci Shallbetter is an attorney and Development Manager at Suncadia, a 6500+ acre Master Planned Resort in Roslyn, Washington. Previously, she was a partner at Davis Wright Tremaine LLP in Seattle, specializing in real estate and land use.

Stephen H. Suagee, attorney in the Office of the Reservation Attorney, Confederated Tribes of the Colville Reservation, concentrates on natural resource matters, particularly water, fish and wildlife, and forestry. He is Past President for the Washington Water Trust Board of Directors.

Scott Wheat, Deputy Legal Counsel for the Office of the Spokane Tribal Attorney, practices in federal Indian law including taxation issues affecting Indian tribes, tribal gaming, tribal economic development, and tribal environmental and land use law.