Josh M. Lipsky
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 represents clients in claims for natural resource damages, project permitting, hazardous and solid waste management, and water quality permitting issues. Josh is a managing partner of the firm.
Professional Experience
Represent potentially responsible parties at state and federal Superfund sites, including defense of companies in litigation initiated by government entities, 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.
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.
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.
Advise clients on regulatory compliance with Clean Water Act requirements, negotiation of permits and permit requirements, and development of required treatment alternatives.
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.
Advise clients about environmental risk insurance; identify and pursue coverage for cleanup under historic liability policies.
Advise clients regarding federal, state, and local hazardous waste and dangerous waste handling requirements.
Represent regional transportation planning and economic development agency, including compliance with federal and state funding requirements and negotiation of agreements and subcontracts for planning activities.
Honors
Named a Leading Environmental Practitioner by Chambers USA (2010 – present)
Named a Super Lawyer ® (2010, 2014 – present) and Rising Star ® (2005 – 2008) by Thomson Reuters
Named one of Lawdragon's 500 Leading Environmental & Energy Lawyers in America (2021 – 2022)
Lawdragon Green 500: Leaders in Environmental Law - Lawdragon (2023)
Bar and Civic Activities
Board of Directors, Mountains to Sound Greenway Trust (2012 – present; President 2024 - present; Executive Committee 2017 – present)
Board of Stewards, Audubon Washington (2013 – 2017; Chair 2012 – 2013)
Projects Committee, Seattle Parks Foundation (2013 – 2017)
Board of Directors, Seward Park Environmental & Audubon Center (2003 – 2012; Chair 2006 - 2012)
Board of Directors, New School Foundation (2008 – 2011)
Executive Committee Director, Washington State Bar Association Environmental & Land Use Law Section (2004 – 2007)
Board of Trustees, King County Bar Association Young Lawyers Division (1997 – 2000)
Board of Directors, YouthCare (1996 – 2009)
Select Publications and Presentations
Program Co-Chair and Moderator, Model Toxics Control Act: “New Policy Guidance, Rulemakings, Grant Programs, Chemicals of Concern and Other Developments for Environmental Risk and Liability Management,” Seattle, WA (December 7, 2023)
Program Co-Chair and Moderator, Model Toxics Control Act: “New Developments in Implementation, Litigation, and Legislation for Managing Environmental Risks and Liabilities,” Seattle, WA (October 21, 2021)
Program Co-Chair and Moderator, "New and Developing Technical Issues and Update,” Model Toxics Control Act: New Developments in Implementation, Litigation, and Legislation for Managing Environmental Risks and Liabilities, Seattle, WA (October 10, 2019)
Program Co-Chair and Speaker/Moderator, "NFA Determinations under the Voluntary Cleanup Program (VCP): Policies, Procedures, and the Path Forward,” Evolving Issues in Implementation, Litigation, and Legislation, Seattle, WA (September 28, 2017)
Speaker, “Strategic Approaches for Addressing the Results of Your Due Diligence through Real Estate Transactions and Changes in Land Use,” Environmental Due Diligence Seminar, Seattle WA (May 16, 2016)
Program Co-Chair and Speaker, “The Top 10 MTCA Moments of the Past 25 Years,” A Comprehensive Seminar on the 25th Anniversary of the Model Toxics Control Act (MTCA), Seattle WA (September 24, 2015)
Program Co-Chair and Speaker, "MTCA Implementation in the Lower Duwamish Waterway," Model Toxics Control Act: New Developments in Implementation, Litigation, and Legislation, Seattle, WA (September 20, 2013)
Speaker, "Mitigating Environmental Risk at Brownfield Sites," Brownfields & Land Revitalization Conference 2012, Spokane, WA (June 22, 2012)
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)
Co-Author (with M. Yowell & B. Marten), “Brownfields: Redeveloping Contaminated Property,” Association of Washington Business Environmental Compliance Handbook (2002 & 2005)
Speaker, “New Issues in Solid Waste and E-Waste: Mercury Wastes” (July 2004)
Education
J.D., Georgetown University Law Center, 1995
B.A., Williams College, 1990
Bar Admissions
Washington
News
Cascadia Again Leads With Chambers, Best Lawyers, Super Lawyers, Lawdragon.
