Josh represents major industrial clients, commercial and real estate businesses of all sizes, and local municipalities. His practice focuses on hazardous waste cleanup and liability, including representing clients at Northwest Superfund sites, in contaminated property transactions, and in cost recovery disputes. Josh also specializes in natural resource damages representation, project permitting, hazardous and solid waste management, and water quality permitting issues.
Professional:
- Represent potentially responsible parties at state and federal Superfund sites including defense of companies in government litigation, negotiation of cleanups, cost allocation, and private-party cost recovery actions.
- Serve as common counsel to joint defense groups at state and federal cleanup sites, including de minimis and performing party groups.
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Advise buyers and sellers of contaminated property about environmental liabilities in real estate and corporate transactions, including brownfields redevelopment, and disputes between current and prior owners or businesses. Representation includes negotiation of Prospective Purchaser Agreement protections and No Further Action letter assurances.
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Defend clients in Natural Resource Damages actions, including negotiation of liability allocation and methodology, and development of on- and off-site restoration projects to mitigate damages.
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Advise clients on regulatory compliance with Clean Water Act requirements, negotiation of permits and permit requirements, and development of required treatment alternatives.
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Advise federal and state governmental agencies on liability associated with operating regional sites for contaminated sediments. Negotiate agreements for disposal siting for contaminated sediments dredged at federal Superfund site.
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Advise clients about environmental risk insurance; identify and pursue coverage for cleanup under historic liability policies.
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Advise clients regarding federal, state, and local hazardous waste and dangerous waste handling requirements.
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Represent regional transportation planning and economic development agency as outside counsel, including compliance with federal and state funding requirements and negotiation of agreements and subcontracts for planning activities.
Recognition:
Listed by Chambers USA as a Leading Environmental Practitioner (2010, 2011)
Named by Washington Law & Politics magazine a Rising Star ® (2005 - 2008) and Super Lawyer ® (2010)
Civic Activities:
Executive Committee Director, Washington State Bar Association Environmental & Land Use Law Section (2004 - 2007)
Chair, Board of Directors, Seward Park Environmental & Audubon Center (2003 - present)
Board of Directors, New School Foundation (2008 - 2011)
Board of Directors, YouthCare (1996 - 2009)
Board of Trustees, King County Bar Association Young Lawyers Division (1997 - 2000)
Select Publications and Presentations:
Speaker, “The Path to Closure and Voluntary Cleanups”, Model Toxics Control Act Workshop, Seattle, WA (July 22, 2009)
Speaker (with D. Cargill & D. Schuchardt), “Source Control and Stormwater – Duwamish River Case Study” ), Model Toxics Control Act Workshop, Seattle, WA (May 12, 2008)
Speaker, “Federal and Washington Law on Site Contamination”, Washington Land Law for Civil Engineers and Land Surveyors (December 6, 2007)
Speaker, “Brownfields: Redevelopment of Contaminated Properties”, Association of Washington Business Environmental Summit (October 18, 2006)
Speaker, “Marketing Opportunities for Brownfields Redevelopment CLE: Recent Developments in All Appropriate Inquiries Draft Rule and Changes to Ecology’s NFA Letter Policy” (May 2005)
Speaker, “New Issues in Solid Waste and E-Waste: Mercury Wastes” (July 2004)
Co-Author (with M. Yowell & B. Marten), “Brownfields: Redeveloping Contaminated Property,” Association of Washington Business Environmental Compliance Handbook (2002 & 2005)