Program Overview
Who Should Order
Attorneys, land use planners, real estate, land use, and environmental professionals, Tribal, city and county officials, and anyone else involved in land use issues or managing growth and development in Washington
Why You will Benefit from the Replay
Affordable housing continues to be a dominant concern in the state and particularly in the Puget Sound region. This virtual conference will take a deep dive into those issues and how we can best address them.
You'll also hear about a variety of other land use issues and developments. These include Ecology's Shoreline Management Act Rulemaking and emerging trends as local governments update their critical area designations. Due to climate change and ongoing drought conditions, wildfires are a growing concern. You will hear about the role local governments can play to reduce exposure wildfire risks.
Water for new development has become challenging due to water supply limitations and competing demands from large private users. Those now include data center operators who need large quantities of water for cooling. We will update you on current legal issues and water market conditions so that you can understand the implications for local land use planning and permitting.
The state's efforts to address climate change and incorporate environmental justice considerations have run into headwinds due to the Trump administration's dramatic reversal of federal environmental policies. You will hear about the friction points, court challenges, and tips for resolving conflicts.
We will wrap up with ethical issues for those who need to fulfill that accreditation requirement.
You can look forward to practical information that you can put to work right away as you participate in land use planning and development processes. It promises to be an interesting and informative two days.
Register now to reserve your virtual seat!
~ Courtney A. Kaylor, Esq. of McCullough Hill PLLC and Bob C. Sterbank, Esq. of Foster Garvey, Program Co-Chairs
What You Will Learn
- ~ Legislative & Case Law Updates
- ~ Futurewise v. Mercer Island on affordable housing compliance
- ~ Other developments in implementation of housing & related legislation
- ~ The housing crisis in the context of demographic shifts and construction surges
- ~ The housing balancing act for local governments
- ~ Nexus and proportionality in land use planning
- ~ Shoreline Management Plans and Critical Area ordinance updates
- ~ Federal environmental policy vs. state climate and EJ goals
- ~ The role of state and local governments in reducing exposure to wildfire risks
- ~ Water for new development
- ~ Ethical issues in land use practice
What Participants Said
- I appreciate all presenter's input. Very knowledgeable about the topics and able to point to existing informatin for more details
- Again enjoyed the conversational style as well as the fact that each speaker spoke from the perspective of their groups rather than high-level, objective overviews
- The virtual format worked very smoothly from the perspective of both a panelist and attendee. Thank you!
- This was one of the most useful and interesting sessions that I have seen at a CLE in ages. Thank you!
Agenda Day 1
9:00 am
Introduction & Overview
Courtney A. Kaylor, Esq.
, Program Co-Chair
McCullough Hill PLLC / Seattle, WA
Bob C. Sterbank, Esq.
, Program Co-Chair
Foster Garvey / Seattle, WA
9:15 am
Legislative & Case Law Update
Legislative update: Bills from recent legislative sessions and how they lay the foundation for proposals under consideration during the current session
Shannon McClelland, Esq.
, Senior Legislative Policy Analyst
Association of Washington Cities / Olympia, WA
Futurewise v. Snohomish County and other key recent cases
Tim Trohimovich, Esq.
, Director, Planning & Law
Futurewise / Seattle, WA
10:00 am
Break
10:15 am
Implementation of Housing & Related Legislation
A major Growth Board decision on GMA affordable housing compliance: Update on the GMHB's August 2025 decision in Futurewise v. Mercer Island and the issues on appeal
Bob C. Sterbank, Esq.
, Program Co-Chair
Foster Garvey / Seattle, WA
Public policy perspective on what is, or should be, happening next to address the broad range of housing issues
Tim Trohimovich, Esq.
, Director, Planning & Law
Futurewise / Seattle, WA
Brooke Frickleton, Esq.
, Deputy Legal Director
Futurewise / Spokane Valley, WA
Private sector developer perspective
Duana Kolouskova, Esq.
, Chief Legal Officer
Blue Fern Development / Redmond, WA
12:00 pm
Lunch Break
1:15 pm
Demographic Shifts and Construction Surges: Is the Housing Crisis Passing in Some Areas?
The gradual exit of baby boomers from the housing market could significantly narrow the supply gap at a time when infill development is increasing density: Are there areas in Washington where we can expect the situation to resolve itself in the near term?
Jennifer Cannon, AICP
, Senior Project Manager
ECOnorthwest / Seattle, WA
2:00 pm
Housing Policy Implementation: A Balancing Act for Local Governments
Case study of the approach adopted by the City of Lakewood
Tiffany Speir, Esq., CPM
, Planning Division Manager
City of Lakewood / Lakewood, WA
2:45 pm
Break
3:00 pm
Nexus and Proportionality in Land Use Planning
Perspectives on recent developments including tree regulation, historic preservation, mandatory affordable housing components for new development projects, and impact of the Sheetz case on imposition impact fees and infrastructure planning
Roger Wynne, Esq.
, Director, Land Use Section
Seattle City Attorney's Office / Seattle, WA
Brian T. Hodges, Esq.
, Senior Attorney
Pacific Legal Foundation / Sacramento, CA
4:15 pm
Shoreline Management Plans and Critical Area Ordinance Updates
Status report on Ecology's Shoreline Management Act Rulemaking; emerging trends as local governments update their shoreline plans and critical area designations
Jesse DeNike, Esq.
Plauche & Carr / Seattle, WA
5:00 pm
Adjourn Day 1
Friday, February 20, 2026
9:00 am
Federal Developments Affecting Pursuit of State Climate Change and Environmental Justice Goals
Recent developments affecting the environmental laws such as the Clean Water Act, the Clean Air Act, and environmental impact review under the National Environmental Policy Act
Allyn Stern, Esq.
Beveridge & Diamond / Seattle, WA
Court challenges to Federal executive orders and how they affect land use in Washington
Paul J. Lawrence, Esq.
Pacifica Law Group / Seattle, WA
State perspective on friction points between federal policy and GMA environmental goals; tips for resolving conflicts; state resources for addressing local funding issues
Sarah Fox, AICP
, Climate & Ecosystem Section Manager
Washington State Department of Commerce / Olympia, WA
10:45 am
Break
11:00 am
Urban-Wildland Interfaces: The Role of State and Local Governments in Reducing Exposure to Wildfire Risks
State perspective on the need for interconnected policies to regulate development and risk exposure, including local land use planning, zoning and building codes, and community response planning
Guy Gifford
, Community Resilience Program Manager
Department of Natural Resources / Olympia, WA
A view from the front lines on what is most effective and what else should be done to manage fire risks
Steve Brooks
, Executive Director
Washington Fire Chiefs / Olympia, WA
Lessons from recent litigation
Jason A. Foust, Esq.
, Assistant Attorney General
Office of the Attorney General / Olympia, WA
12:30 pm
Lunch Break
1:45 pm
Water for New Development
Water supply limitations, reconciling coordinated planning by integrating special purpose districts and water supply availability in allocating growth targets under GMA, addressing droughts, curtailments, and environmental emergencies
Jamie Morin, Esq.
Confluence Law / Spokane, WA
Supplies and competing demands (including water for cooling new hyperscale AI data centers): Water market update and the implications for local land use planning and permitting
Brett Bovee
, Rocky Mountain Regional Director
WestWater Research / Fort Collins, CO
3:15 pm
Break
3:30 pm
Ethical Issues in Land Use Practice
Code of ethics provisions for practice before administrative regulatory bodies
Gary N. McLean, Esq.
, President
Hearing Examiners Association of Washington / Des Moines, WA
4:30 pm
Evaluations & Adjourn
Faculty Bios
Courtney A. Kaylor,
Program Co-Chair, is a partner at McCullough Hill PLLC focusing on land use and environmental permitting, administrative appeals and litigation. She also serves as a mediator to facilitate early and lasting resolution of land use disputes.
Bob C. Sterbank,
Program Co-Chair, is Of Counsel to Foster Garvey. He is a veteran city attorney having advised mayors, city council members and other government administrators in cities across the Greater Seattle area.
Brett Bovee
is the Rocky Mountain Regional Director for WestWater Research. He has performed dozens of focused water right valuation studies and broader economic and water market analyses. This includes studies focused on water valuation, comprehensive water planning, irrigated agriculture, scenario modeling, and water project feasibility.
Steve Brooks
is the Executive Director of Washington Fire Chiefs (WFC). He also has served as WFC's President, Legislative Chair, and Western Fire Chiefs Representative. He previously served for 13 years at Lacey Fire District 3 as its Fire Chief.
Jennifer Cannon is a
Senior Project Manager and Dynamic Planner at ECOnorthwest working in the public and private sectors on environmental, community development, and land planning projects. She specializes in housing action plans and analysis, policy evaluation and development, economic development, alternatives analysis, sustainable development, and land use and transportation planning.
Jesse DeNike
is a partner at Plauche & Carr. He counsels clients for compliance with federal, state, and local laws and regulations including the Shoreline Management Act, State Environmental Policy Act, National Environmental Policy Act, Growth Management Act, Endangered Species Act, Clean Water Act, and city and county codes.
Jason A. Foust
is an Assistant Attorney General in the Public Lands and Conservation Division of the Washington State Attorney General's Office. His practice primarily consists of Wildfire and Forest Practices litigation, as well as providing legal advice for Washington State Department of Natural Resources Law Enforcement. A former volunteer firefighter, he serves as a Fire Commissioner for the McLane Black Lake Fire Department.
Sarah Fox is th
e Climate & Ecosystem Section Manager for the Growth Management Services unit at the Washington State Department of Commerce where she leads several project teams that develop planning guidance, provide training, and distribute over $100 million in grant funds. Her portfolio includes managing climate policy and operations, ecosystem services, and tribal climate resilience.
Brooke Frickleton
is Deputy Legal Director for Futurewise. She previously worked as Associate General Counsel for the Building Industry Association of Washington and in private practice focusing on real estate law.
Guy Gifford
is the Community Resilience Program Manager in the Wildland Fire Management Division of the Department of Natural Resources. The program includes Firewise USA Sites, Community Wildfire Protection Plans, Wildfire Ready Neighbors and Community Wildfire Defense Grants. He has been a Wildland Fire fighter since 1984.
Brian T. Hodges
is a Senior Attorney with Pacific Legal Foundation. He focuses on liberty-based solutions to the housing crisis. In connection with this work, he authored the certiorari petition in Koontz v. St. Johns River Water Management District and was on the litigation team that argued Knick v. Township of Scott to the U.S. Supreme Court.
Duana Kolouskova
is Chief Legal Officer for Blue Fern Development, a privately held land development firm. She previously represented developers, builders, property owners, and developer/builder organizations in all aspects of land use law as well as related environmental, municipal, construction, and real estate law matters.
Paul J. Lawrence
is the senior litigation partner at Pacifica Law Group. He concentrates his practice on complex appellate and civil litigation, including commercial, municipal, constitutional, environmental, and insurance coverage cases in federal and state courts.
Gary N. McLean is President of the Hearing Examiners Association of Washington.
Jamie Morin,
Confluence Law assists clients with the acquisition, transfer, and adjudication of water rights, compliance with public water system regulations, environmental review, and compliance with various state and federal environmental regulations.
Tiffany Speir, CPM, is t
he Planning Division Manager and ARPA Program Manager for the City of Lakewood. She is responsible for staffing land use planning policy development and implementation. She also oversees work on Lakewood's Urban Forestry Program, Climate Change Program, and Lakewood's role as fiscal agency for the South Sound Military & Communities Partnership (SSMCP).
Allyn Stern
is the Managing Principal of Beveridge & Diamond's Seattle. She joined Beveridge & Diamond after serving as EPA Regional Counsel with 30 years of agency experience. She helps businesses develop proactive environmental compliance strategies, navigate governmental regulations, and negotiate with agencies to develop reasonable and implementable solutions to enforcement matters.
Tim Trohimovich
is Director of Planning & Law at Futurewise. He focuses on land use and environmental policy studies, education, technical assistance, policy advocacy, and land use and environmental law. He co-wrote a chapter for the book Planning the Pacific Northwest published in 2015 by the American Planning Association.
Roger Wynne is the Director of the Land Use Section of the Seattle City Attorney's Office, where he has served for over two decades. He speaks, writes, and litigates frequently on takings and substantive due process law.
Continuing Education Credits
Live credits: This program qualifies for 11.75 (1 Ethics included) Washington MCLE, 11.75 AICP land use planner, and 11.75 ABCEP environmental professional credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.
I appreciate LSI's seamless segue from registration, an informative seminar, to end result.
Ordering
Pricing
Audio and video replay files, with course materials, are available for download or on a flash drive at the same price as live attendance. Files are available for downloading five business days after the program or from the date we receive payment. Flashdrive orders are sent via First Class mail within seven business days after the program or from the date we receive payment. The course materials alone are available for $100.
Cancellation
There is a $25 cancellation fee
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The web link option allows you to stream or download. The flash drive option includes both audio and video files. Both include materials.