Kurt focuses his practice on cost recovery litigation under federal and state Superfund laws and insurance recovery for environmental liabilities. He has recovered significant cleanup costs from other responsible parties in contribution actions and from claims under historic insurance policies. In addition to litigation successes, he also has helped clients reach favorable results in allocation arbitration and mediation. Kurt has expertise in locating and evaluating potentially valuable insurance assets that may cover environmental cleanup costs. His clients have recovered millions of dollars in previously unidentified and untapped insurance resources. Kurt also has helped many clients navigate through the environmental cleanup process and efficiently resolve liabilities at federal and state hazardous waste cleanup sites.
Professional:
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Represent potentially responsible parties at federal and state Superfund hazardous waste sites, including assistance with oversight and independent cleanups, negotiations with regulatory agencies, cost allocations, and private party contribution actions. Extensive experience in sediment cleanup matters.
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Represent corporate and municipal clients in allocation and resolution of natural resource damage assessments.
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Represent corporations, trusts, and local governments in negotiations and litigation arising out of insurance coverage disputes and alleged bad faith insurance claims handling practices.
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Advise industrial clients about compliance with environmental regulatory requirements, including negotiations with governmental agencies on permitting issues.
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Advise purchasers and sellers about environmental liabilities in real estate and corporate transactions.
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Defend companies in toxic tort litigation arising out of injuries allegedly caused by exposure to environmental contaminants.
- Assistant Attorney General with the Ecology Division of the Washington State Attorney General’s Office, Olympia, WA (1997-1999). Advised the Washington State Department of Ecology on a broad range of regulatory issues, including hazardous waste cleanups under MTCA, water quality, dangerous waste, sediment cleanup, air quality, forest practices, and public disclosure.
Publications:
Author, “Minimizing Hazardous Waste Liability,” Washington State Real Property Deskbook (Washington State Bar Association, 2011 (anticipated))
Co-Editor, Washington State Real Property Deskbook (Washington State Bar Association, 2011 (anticipated) and 2002 Supplement)
Author, “Minimizing Hazardous Waste Liability,” Washington State Real Property Deskbook (Washington State Bar Association, 2002)
Co-Author (with B. Marten), “Washington State” chapter, Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property (American Bar Association, 2d. Ed., 2002)
Author, “Real Estate Aspects in Washington,” National Business Institute (April 2002)
Co-Author (with S. Parkinson), “Sediments,” Association of Washington Businesses Environmental Deskbook (2002 and 2004 Ed.)
Co-Author (with S. Parkinson), “Risk Assessments,” Association of Washington Businesses Environmental Deskbook (2002 and 2004 Ed.)
Author, “State Environmental Cleanup: MTCA,” Association of Washington Businesses Environmental Deskbook (2004 Ed.)
Co-Author (with G. Reavis), “Toxic Torts,” Association of Washington Businesses Environmental Deskbook (2004)