Law Seminars International Presents

A Comprehensive Two-Day Conference on

Land Use in Southwestern Washington

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

February 12 & 13, 2007
Hilton Vancouver Washington in Vancouver, WA
Register      Download PDF Brochure

Who Should Attend

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

Why Attend

While I-933 has come and gone, some of the tensions remain. Property owners wanting to develop their land encounter increasing regulations adopted to respond to growth. These include GMA regulations and state and federal rules enforced to protect salmon and other species. These problems are not unique to the central Puget Sound, but are posing new challenges for local communities struggling to plan for growth, including communities not required to plan under the GMA. Meanwhile, emerging issues relating to rural land use, including energy facility demands, pose new challenges to local governments. This conference is intended to bring a mid to high level of expertise to land use and regulatory issues in Southwestern Washington. This conference is intended not just for lawyers, but for land owners, developers, government staff and officials, and others working in, or just interested in, how to negotiate the intricate and overlapping regulations that apply to almost any use of real property. ~ Program Co-Chairs: Jay P. Derr, Esq. and Timothy L. McMahan, Esq.

What You Will Learn

~ GMA and long range planning for SW Washington ~ Critical Area Ordinance Process Update ~ Case law update ~ New municipal legislation ~ Clean Water Act impacts in SW Washington ~ Tribal government roles and perspectives ~ Shorelines updates ~ Endangered Species Act consultation process ~ Energy facilities and other LULUs

What Attendees Have Said About Similar Programs

~ LSI seminars - always the best ~ We plan to send our whole office every year


Monday, February 12, 2007

8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  Jay P. Derr, Esq., Program Co-Chair
Buck & Gordon LLP / Seattle, WA
  Timothy L. McMahan, Esq., Program Co-Chair
Stoel Rives LLP / Portland, OR
8:45 am The Growth Management Act: Long Range Planning for Southwestern Washington
  Thurston County case study: What happened; what to watch for second time through; implications for Clark and other counties as they go through the process
  Tim Trohimovich, Esq., Planning Director
Futurewise / Seattle, WA
  Robert Patrick, AICP, Principal
Patrick Harron & Associates / Lacey, WA
  Brandon Houskeeper, Government Affairs Director
Olympia Master Builders / Olympia, WA
10:00 am Break
10:15 am Critical Area Ordinance Process (CAOP) Update: Ten Years of Case Law and Ten Years Best Available Science
  Legal overview
  A. W. "Sandy" Mackie, Esq.
Perkins Coie LLP / Olympia, WA
  Public process; models around Southwestern Washington
  Don Hardy, Senior Planner
JD White, a Division of Berger/Abam Engineers, Inc. / Vancouver, WA
11:15 am Case Law Update
  Practical applications of recent land use cases presented in an interactive format
  Alan D. Copsey, Esq., Assistant Attorney General
Washington State Office of the Attorney General / Olympia, WA
  Jay P. Derr, Esq., Program Co-Chair
Buck & Gordon LLP / Seattle, WA
12:15 pm Lunch (on your own)
1:30 pm New Municipal Legislation and Public Water System/Utility Service Area Issues
  Update on provisions and implementation; impact on municipal water rights (are they inadequate?); impacts on other utility services; infrastructure capacity issues (including sewer); liability for over-committing
  Jeffrey S. Myers, Esq.
Law Lyman Daniel Kamerrer & Bogdanovich, P.S. / Olympia, WA
2:15 pm How Recent Developments in the Clean Water Act Impact Southwestern Washington
  Washington / Wetlands jurisdictional issues: Recent Supreme Court decisions on jurisdiction, recent regulatory developments on buffers and mitigation.
  Brent Carson, Esq.
Buck & Gordon LLP / Seattle, WA
3:00 pm Break
3:15 pm Tribal Government Role and Perspectives
  Tribal perspectives on ESA, GMA, and water issues
  John B. Arum, Esq.
Ziontz, Chestnut, Varnell, Berley & Slonim / Seattle, WA
  Harold Chesnin, Esq.
Confederated Tribes of the Chehalis Reservation & Upper Skagit Indian Tribe / Seattle, WA
5:00 pm Reception for Attendees and Faculty Sponsored by Buck & Gordon LLP and Stoel Rives LLP

Tuesday, February 13, 2007

8:00 am Registration and Continental Breakfast
8:30 am Introduction & Overview
  Jay P. Derr, Esq., Program Co-Chair
Buck & Gordon LLP / Seattle, WA
  Timothy L. McMahan, Esq., Program Co-Chair
Stoel Rives LLP / Portland, OR
8:45 am Shorelines Updates
  Implementing Shoreline Guidelines: Waterfront development trends; developer concerns about regulatory issues; strategies for local government; difficulties and ambiguities in the rules; SMA/GMA integration
  Bill Clarke, Esq.
Mentor Law Group, PLLC / Seattle, WA
  City of Vancouverís SMA and CAO rules and their integration (second round and interim amendments)
  Laura Hudson, Long Range Planning Manager
City of Vancouver / Vancouver, WA
9:45 am Endangered Species Act: Demystifying the Process
  Demystifying the Consultation Process: How it works, when it is invoked, strategies to manage the process; how the ESA process translates into the local decisions and permits
  Barbara D. Craig, Esq.
Stoel Rives LLP / Portland, OR
  Steven W. Landino, State Habitat Director
NOAA's National Marine Fisheries Service / Lacey, WA
10:45 am Break
11:00 am Energy Facilities and Other LULUs: Relationship with Local Planning and Local Opportunities
  Market trends, and why there is so much activity in the energy arena, particularly non-conventional and new technology
  Randall W. Hardy, Principal
Hardy Energy Consulting / Seattle, WA
  Legal framework and relationship with GMA planning; state and local roles; what local governments need to know about federal and state processes to play an effective role; peculiar challenges with public process
  James O. Luce, Chair
Washington State Energy Facility Site Evaluation Council / Olympia, WA
  Timothy L. McMahan, Esq., Program Co-Chair
Stoel Rives LLP / Portland, OR
  Property values and LULUs: Myths and realities
  P. Barton DeLacy, MUP, MAI,CRE, Managing Director, National Practice Leader
Cushman & Wakefield, Inc. / Portland, OR
12:30 pm Evaluations & 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 Tuesday, February 6, 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 10 WA CLE credits and 10.75 OR CLE credits. WA Appraiser and Real Estate 12 and WA AICP and OR Appraiser credits are pending. This program qualifies for OR Real Estate credits. Upon request, we will apply for CLE credits in other states and other types of credits.


The conference will be held at the Hilton Vancouver Washington Hotel at 301 W. 6th Street in Vancouver, WA 98660 USA. Call the hotel directly at (360) 993-4500 for reservations. Rooms are on a first come, first served basis.

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 as land use counsel for cities throughout Washington. He advises municipal clients on GMA planning and related appeals, and on permitting for large, controversial developments.

Timothy L. McMahan, Program Co-Chair, partner at Stoel Rives LLP, practices in the areas of land use, energy, environmental, and municipal law. Prior to joining Stoel Rives, he served as Port Townsend City Attorney. He is experienced in representing property owners and municipal clients in shoreline developments, utility and energy facilities.

John B. Arum is a partner at Ziontz, Chestnut, Varnell, Berley and Slonim where he practices in the areas of federal Indian law, water law, and environment and land use law. He represents a coalition of environmental groups who have intervened as defendants in Okanogan County v. NMFS, a challenge to the Endangered Species Act involving water diversions in the Methow River Basin.

Brent Carson is a partner at Buck & Gordon LLP focusing on compliance with complex local, state and federal environmental regulations concerning wetlands, threatened and endangered species, air and water pollution, and shoreline protection.

Harold Chesnin, General Counsel to the Confederated Tribes of the Chehalis Reservation and General Counsel to the Upper Skagit Indian Tribe, provides services consisting of a full range of Indian Law and related representation including inter alia, governmental affairs, gaming, economic development, banking relationships, fishing rights litigation, and treaty rights.

Alan D. Copsey is an Assistant Attorney General with the Washington State Office of the Attorney General. He currently advises and represents the Washington State Department of Community, Trade and Economic Development, the Washington State Department of Archaeology and Historic Preservation, and the Washington State Department of Agriculture.

Barbara D. Craig, partner at Stoel Rives LLP, concentrates her practice in the areas of natural resources, forestry, and energy law and litigation. She assists a variety of public and private clients with Endangered Species Act (ESA), Clean Water Act, and National Environmental Policy Act (NEPA) compliance.

P. Barton DeLacy, National Practice Leader for Corporate Finance Consulting at Cushman & Wakefield, Inc., focuses on corporate engagements involving real estate related consulting services. He is experienced in valuation and consulting with rural properties impacted by energy generating facilities including wind turbine "farms" and power generating plants.

Don Hardy is a Senior Planner with JD White, a division of Berger/Abam Engineers Inc., where he is a project manager focusing on shoreline and critical area permitting, regulatory impact evaluations, and environmental documentation.

Randall W. Hardy, Principal and Founder of Hardy Energy Consulting, was administrator of the Bonneville Power Administration and superintendent of Seattle City Light. He provides strategic advice to utilities, customers, and others affected by electric restructuring.

Brandon Houskeeper is the Government Affairs Director for Olympia Master Builders, a professional trade association committed to fighting for affordable housing for all economic segments of society. His current work includes all aspects of land use planning and permitting throughout the regulatory process.

Laura Hudson is the Long Range Planning Manager for the City of Vancouver responsible for overseeing development of the comprehensive plan and subarea plans for activity centers, development of the Shorelines Management Master Plan and critical areas ordinances, the annexation program and the Community Development Block Grant Program.

Steven W. Landino is the Washington State Habitat Office's Director for NOAA's National Marine Fisheries Service. A primary focus of the Washington office is the implementation of the Endangered Species Act through Section 4 Recovery Planning, Section 7 inter-agency consultations and the development of Section 10 Habitat Conservation Plans with non-federal entities.

James O. Luce is Chair of the Washington State Energy Facility Site Evaluation Council reappointed by Governor Gregoire, where he applies expertise he gained as Senior Assistant General Counsel for the Bonneville Power Administration. Previously, he was a legislative assistant to United States Senator Henry Jackson.

A.W. "Sandy" Mackie, partner at Perkins Coie LLP, focuses his practice on land use regulation and real estate development including growth management compliance, planning, development regulations and changes, land acquisition and due diligence, project planning, and permit hearings and appeals.

Jeffrey S. Myers, partner at Law Lyman Daniel Kamerrer & Bogdanovich, P.S. specializes in land use and real property matters. Previously, he was Assistant Attorney General with the Ecology Division focusing on solid and hazardous waste and water quality issues.

Robert "Bob" Patrick is a Principal in the planning and engineering consulting firm of Patrick Harron & Associates, representing private and public sector clients with offices in Seattle, Everett and Lacey.

Tim Trohimovich is Planning Director for Futurewise, a citizen's group that promotes healthy communities and cities while protecting working farms and forests for this and future generations.