How I represent clients at Schwabe
I help Indian tribes and companies address environmental contamination and restore injured natural resources. With over 25 years of experience representing tribes, I am recognized as one of the country’s most experienced practitioners of environmental Native American law.
ENVIRONMENTAL
Outside Counsel for Tribes
As outside counsel, I review and evaluate tribal codes and have drafted tribal Superfund ordinances and soil, sediment, groundwater, and surface water cleanup standards, environmental enforcement manuals, civil procedure and appellate procedure codes, enforcement of judgment rules, tax codes, and corporation codes. I am also a litigator with significant experience representing tribes in complex litigation before federal and state courts, before administrative agencies, and in arbitration.
Focus on Environmental Contamination
My environmental practice focuses primarily on hazardous substance contamination. Spills happen, and when they do, I guide clients through emergency spill response, investigations, remediation, regulatory compliance and reporting, enforcement actions, and citizen suits. I also help clients prevent or reduce environmental liabilities through environmental due diligence, contractual allocations of liability, and negotiated or litigated resolutions.
Policy and Technical Training and Experience
I have significant technical and policy training and experience. Early in my career, I completed the Department of Interior’s Natural Resource Damage Assessment and Restoration Training at the National Conservation Training Center, a program for federal, state, and tribal trustee agency personnel that is not open to the private sector. In addition, with the National Tribal Environmental Council’s Superfund Working Group, I helped develop policy guidance for the implementation of CERCLA on Indian reservations. Presently, I am a member of the Washington Department of Ecology’s Stakeholder and Tribal Advisory Group (STAG) for the update to the Model Toxics Control Act (MTCA) Cleanup Rule, an appointment that recognizes my expertise in navigating the MTCA cleanup process.
INDIAN COUNTRY
I work all across Indian Country to help tribes address environmental contamination and protect and restore injured natural resources. I am one of the country’s most experienced practitioners of environmental Native American law, with over 20 years of experience representing tribes.
Outside Counsel
As outside counsel, I review and evaluate tribal codes and have drafted tribal Superfund ordinances and soil, sediment, groundwater, and surface water cleanup standards, environmental enforcement manuals, civil procedure and appellate procedure codes, enforcement of judgment rules, tax codes, and corporation codes. I am also a litigator with significant experience representing tribes in complex litigation before federal and state courts, before administrative agencies, and in arbitration.
Focus on Natural Resources
My natural resources practice focuses primarily on hazardous substance contamination. Spills happen, and when they do, I guide clients through emergency spill response, investigations, remediation, regulatory compliance and reporting, enforcement actions, and citizen suits. I also help clients through environmental due diligence, contractual allocations of liability, and negotiated or litigated resolutions.
Policy and Technical Training and Experience
I have significant technical and policy training and experience. Early in my career, I completed the Department of Interior’s Natural Resource Damage Assessment and Restoration Training at the National Conservation Training Center, a program for federal, state, and tribal trustee agency personnel that is not open to the private sector. In addition, with the National Tribal Environmental Council’s Superfund Working Group, I helped develop policy guidance for the implementation of CERCLA on Indian reservations. I am presently a member of the Washington Department of Ecology’s Stakeholder and Tribal Advisory Group (STAG) for the update to the Model Toxics Control Act (MTCA) Cleanup Rule, an appointment that recognizes my expertise in navigating the MTCA cleanup process.
I have been recognized by U.S. News–Best Lawyers in America annually since 2010 for my expertise in environmental and natural resources law and litigation, along with Native American law. In 2015 and 2017, I was named the Native American Law Lawyer of the Year for Seattle.
Chambers & Partners USA, client highlights
“She is extremely experienced and skilled at handling complex environmental matters.”
Experience
Environmental Cleanup
- Represents two port districts in ongoing cleanup at a number of sites in southwestern Washington.
- Represents a private marine construction company in Oregon in addressing natural resource damage claims asserted by federal and state agencies and several Indian tribes.
- Represents a lumber company in an investigation by the Environmental Protection Agency of naturally occurring asbestos.
Environmental Litigation
- Represents the Port of Vancouver in an adjudication by the Energy Facility Site Evaluation Council of an energy project proposed by a port tenant.
- Defended a small business owner in an administrative penalty action brought by the Environmental Protection Agency for Clean Water Act violations based on industrial stormwater discharges without a permit.
- Represented a former service station owner in a Model Toxics Control Act cost recovery action.
- Represented a private marina owner in a Clean Water Act citizen suit against a municipality for unpermitted discharges of stormwater and pollutants into the marina’s moorage basin.
- Defended a commercial shellfish harvester against shellfish trespass claims brought by the Washington Department of Natural Resources.
- Represented citizens’ groups in an action before the Pollution Control Hearings Board challenging the permits issued to a regional commuter railroad and its compliance with the State Environmental Policy Act.
- Represented the Colville Confederated Tribes in Pakootas v. Teck Cominco Metals Ltd., the first enforcement of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) against a responsible party located outside the United States for impacts within the United States.
Indian Law
- Represented the Nooksack Indian Tribe in the U.S. v. Washington treaty rights litigation.
- Represented the Nooksack Tribe’s corporate entity in its casino loan workout litigation, Outsource Services Management v. Nooksack Business Corporation.
- Represents three California tribes in their efforts to be restored to federal recognition.
- Drafted a tribal Superfund code and cleanup standards for the Bad River Band of Lake Superior Chippewa Indians; assists the Band in its ongoing implementation and enforcement of the code.
- Litigated tribal sovereign immunity issues in a variety of federal, state, and tribal courts.
Education
- University of Hawai’i at Mānoa, Master of Arts degree (1993)
- Seattle University, School of Law, Juris Doctor degree, summa cum laude (1996)
- Rutgers University, Institute of Animal Behavior, Graduate Fellow (1987-1988)
- Ohio State University, Bachelor of Science degree (1987)
Admissions
- Alaska State Courts
- Hawaii State Courts
- Nooksack Tribal Court
- Oregon State Courts
- Washington State Courts
- U.S. Court of Appeals - Seventh Circuit
- U.S. Court of Appeals - Ninth Circuit
- U.S. Court of Appeals for the D.C. Circuit
- U.S. Court of Federal Claims
- U.S. District Court - District of Alaska
- U.S. District Court - District of Hawaii
- U.S. District Court - District of Oregon
- U.S. District Court - Eastern District of Washington
- U.S. District Court - Western District of Michigan
- U.S. District Court - Western District of Washington
- U.S. Supreme Court
Memberships
- American Bar Association, Section of Environment, Energy and Resources, including the Native American Resources, Superfund & Natural Resources Damages Litigation, and the Environmental Transactions and Brownfields Committees, Member
- Washington State Bar, Environmental and Land Use and Indian Law Sections
- King County Bar Association, Environmental Section, Member
- Oregon State Bar Association, Environment and Natural Resources and Indian Law Sections, Member
- Hawaii State Bar Association, Environment, Energy, and Resources Section and Hawaii Women Lawyers, Member
- Associated General Contractors, Washington Chapter, Environmental Committee Chair (2019)
- Northwest Indian Bar Association, Member
Awards
- Ranked for Environmental Lawyers in Washington, Chambers USA (2023)
- AGC-Washington, Associate of the Year (2019)
- Selected to Washington Super Lawyers, Environmental Law (2016-2023)
- Selected to Washington Super Lawyers, Native American Law (2016)
- Martindale-Hubbell®, AV Preeminent, Peer Review Rated
- Recognized by The Best Lawyers in America®, Environmental Law (2010-2024)
- Recognized by The Best Lawyers in America®, Litigation – Environmental (2011-2024)
- Recognized by The Best Lawyers in America®, Native American Law (2013-2024)
- Recognized by The Best Lawyers in America®, Natural Resources Law (2018-2024)
- Recognized by The Best Lawyers in America®, “Lawyer of the Year” Native American Law (2015)
- Seattle Metropolitan Magazine, Top Lawyer, Environmental Law (2010-present)
- Washington Law and Politics Super Lawyers, Environmental Law (2011-2014)
Additional Publications
Managing an Environmental Emergency on Tribal Lands
6th Tribal Land Staff National Conference, March 2016
Tribal Zoning and Land Use Regulation as a Tool for Environmental Protection
Environmental & Land Use Law, WSBA Environmental and Land Use Section, August 2015
Tribal Land Use and Environmental Protection
WSBA Environmental and Land Use Mid-Year Conference, May 2015
The Intersection of Ports, Tribes & the Environment
Washington Public Ports Association Spring Meeting, May 2015
Chapter Editor and Author, “Year in Review, Environmental Transactions & Brownfields Chapter,” Environmental Insurance, American Bar Association, Section of Energy, Environment & Natural Resources
2014, 2015
Superfund and Clean Water Act Update
19th Annual Inter-Tribal Environmental Council Meeting, July 2014
Maximizing Tribal Participation Under CERCLA
18th Annual Inter-Tribal Environmental Council Meeting, July 2013
Protecting Culturally Important Species in Indian Country
18th Annual Inter-Tribal Environmental Council Meeting, July 2013
Services
Community Activities
- Stakeholder & Tribal Advisory Group for the Cleanup Rule Update, Chapter 173-340 WAC (2019-2027)
- Confluence, Board of Directors (2011-present), Executive Committee, Secretary (2014-present)
- John T. Williams Memorial Totem Pole Project, Founder and Board Member (2011-2016)
- Friends of Pierce County, Former Board Member, President (2013-2014)
Outside Interests
Peloton, the Seattle Sounders, and Ohio State Football.
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