Environment

Van Ness Feldman’s nationally recognized environmental practice advises clients on a wide range of federal and state regulatory, compliance, enforcement, permitting, siting, and legislative matters.

The firm's strategic and collaborative approach helps clients identify and apply a wide range of solutions to complex development, infrastructure and resource projects that are consistent with the law and society's demand for protection of the land, air and water.

Van Ness Feldman’s environmental team is well-renowned for keen analysis and innovative mitigation strategies—allowing clients to comply with the law; assess the environmental impacts of existing and planned activities; manage the consequences of government and regulatory actions; and, when necessary, litigate to establish or defend rights.

Practice areas include:



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Professionals

Erin K. Bartlett

Associate

Washington D.C.

202.298.1812

ekb@vnf.com / vCard

Keturah A. Brown

Law Clerk

Washington D.C.

202-298-1844

kab@vnf.com / vCard

Andrea Hudson Campbell

Partner

Washington D.C.

202.298.1991

alh@vnf.com / vCard

Brent Carson

Partner

Seattle

206.802.3831

brc@vnf.com / vCard

Hunter S. Cox

Law Clerk

Washington D.C.

202-298-1923

hcox@vnf.com / vCard

Kyle W. Danish

Partner

Washington D.C.

202.298.1876

kwd@vnf.com / vCard

Britt Speyer Fleming

Partner

Washington D.C.

202.298.1863

bsf@vnf.com / vCard

Stephen C. Fotis

Partner

Washington D.C.

202.298.1908

scf@vnf.com / vCard

Jenna R. Mandell-Rice

Associate

Seattle

206.623.9372

jrm@vnf.com / vCard

Danielle B. Mercurio

Senior Policy and Industry Analyst

Washington D.C.

202-298-1861

dbm@vnf.com / vCard

Frances Bishop Morris

Associate

Washington D.C.

202-298-1874

ftb@vnf.com / vCard

Joseph B. Nelson

Partner

Washington D.C.

202.298.1894

jbn@vnf.com / vCard

R. Scott Nuzum

Of Counsel

Washington D.C.

202.298.1951

rsn@vnf.com / vCard

Marlys Palumbo

Partner

Seattle

206.829.1810

msp@vnf.com / vCard

Clara Park

Associate

Seattle

206-623-9372

cpark@vnf.com / vCard

Richard A. Penna

Partner

Washington D.C.

202.298.1870

rap@vnf.com / vCard

Marya A. Pirak

Paralegal

Seattle

206.623.9372

map@vnf.com / vCard

Terese (T.C.) Richmond

Partner

Seattle

206.623.9372

ter@vnf.com / vCard

Steve A. Scheele

Associate

Seattle

206.623.9372

scs@vnf.com / vCard

Howard E. Shapiro

Senior Advisor

Washington D.C.

202.298.1884

hes@vnf.com / vCard

Jonathan D. Simon

Partner

Washington D.C.

202.298.1932

jxs@vnf.com / vCard

Carly A. Summers

Associate

Seattle

206.623.9372

cas@vnf.com / vCard

Water Transfers & the CWA

Building a Sustained Climate Assessment Process

Wetland Regulations in Drought Conditions and a Changing Climate

FEMA's ESA Approach Affirmed in the Puget Sound

The Third National Climate Assessment: The Role of District Energy and Combined Heat and Power

National Flood Insurance Program: The Changing Landscape of Floodplain Insurance & Regulation

The Clean Air Act and Global Climate Change

Historical Perspectives on §111(d) of the Clean Air Act

Reducing Methane Emissions from the U.S. Natural Gas Sector

2014 National Climate Assessment

2014 Highlights of Climate Change Impacts in the United States

Rethinking Washington's State Environmental Policy Act

Ignoring Authoritative Science

Murky Floodplain Rules Sink Development Plans

"Adverse Modification" Rulemaking on the Horizon for the Endangered Species Act?

Legal and Policy Implications of the Perception of Property Rights in Catch Shares

After the Marshall Spill: Oil Pipelines in the Great Lakes Region

Federal Environmental Law Update (May 2012)

EPA Effluent Guidelines: Proposed Regulation of Shale Gas and Coalbed Methane Effluent

Federal Environmental Law Update (Dec. 2011)

Agriculture, Food, & Environmental Policy

New Proposed Guidance on the Jurisdictional Reach of the Clean Water Act

EPA Finalizes Air Pollution Transport Rule

The Clean Air Act and Global Climate Change

Federal Environmental Law Update (June 2011)

Standard Arguments

EPA Lays Further Groundwork for Permitting of Greenhouse Gas Sources Under The Prevention of Significant Deterioration Program

The Policy and Regulatory Response to Deepwater Horizon: Transforming Offshore Oil and Gas Leasing?

Protecting Tribal Fishing Rights: Fixing Culverts that Block Fish Passage

Endangered Species Act, Impacts of Compliance in Alaska

International Offsets and U.S. Climate Legislation

Ecology Comes of Age: NEPA's Lost Mandate

The Intersection of the Migratory Bird Treaty Act and Energy Companies: An Uncertain Crossroad

Conservation Tools: An Evaluation and Comparison of the Use of Certain Land Preservation Mechanisms

Wet Growth: Exploring the Intersection Between Water Resources and Land Use Law in Washington

The Devolution of NEPA: How the APA Transformed the Nation's Environmental Policy

Is the Price-Anderson Act an Appropriate Model for the Railroads?

Railroad Transportation of Nuclear Waste and Other Hazardous Materials

New Wine Into Old Bottles: The Feasibility of Greenhouse Gas Regulation Under the Clean Air Act

The International Regime: An Overview of the International Structures Addressing Climate Change

An Inconvenient State?

Uncertainties surround state's new 'e-waste' law

Wetlands & The Clean Water Act

Designing a Mandatory Greenhouse Gas Reduction Program for the U.S.

Designing a Climate-Friendly Energy Policy: Options for the Near Term

A Five Point Plan for Expanding the Nation's Wetlands Base and Improving the Section 404 Program

News

Van Ness Feldman Elects One New Principal, Five New Partners

Kyle Danish Joins CSIS Panel to Discuss Reduction of GHG Emissions

Van Ness Feldman Named a "Best Law Firm in the US" for 2017

Patrick Daugherty and R. Scott Nuzum Named Of Counsel to Van Ness Feldman

For 12th Consecutive Year, Van Ness Feldman Professionals Are Among the Best Lawyers in America

Powering the Future - Introducing Our 2016 Summer Class

The Legal 500 Names Van Ness Feldman Top Tier Energy Regulatory Firm

Van Ness Feldman Receives Top Recognition in Chambers USA 2016 Rankings

Tristan Brown Appointed to EPA

Van Ness Feldman Named a "Best Law Firm in the US" for 2016

Tyson Kade Named Of Counsel to Van Ness Feldman

For 11th Consecutive Year, Van Ness Feldman Professionals Are Among the Best Lawyers in America

The Legal 500 Names Van Ness Feldman 1st Tier Energy Regulatory Firm

Van Ness Feldman Receives Top Recognition in Chambers USA 2015 Rankings

Van Ness Feldman Ranked as a "Best Law Firm in the US" by US News & World Report

For 10th Consecutive Year, Van Ness Feldman Professionals Are Among the Best Lawyers in America

Van Ness Feldman Named 1st Tier Energy Regulatory Firm by The Legal 500, United States, 2014

Van Ness Feldman Elects Six New Partners

Norm Dicks Honored with "Norm Dicks Visitor Center" at Nisqually Wildlife Refuge

Van Ness Feldman Named "Best Law Firm" in Multiple Categories for 2014

For 9th Consecutive Year, Van Ness Feldman Professionals Are Among the Best Lawyers in America

Van Ness Feldman Named 1st Tier Energy Regulatory Firm by The Legal 500, United States, 2013

CEQ Proposes Paradigm Shift for Funding Federal Water Investments

Kyle Danish Quoted on EPA Missing Deadline for New Power Plant Rule

26 Van Ness Feldman Attorneys Named Best Lawyers in America for 2013

The Economist Seeks Kyle Danish's Views on Environmental Regulation

Events

2017 Environmental and Land Use Section Midyear Conference

ABA 2017 Water Law Conference

Rising Up or Run Aground? Updates on the National Flood Insurance Program and Proposed CERCLA Financial Assurance Regulations

20th Annual Energy, Utility, & Environment Conference

14th Annual SEPA & NEPA Seminar

Pathways for US Greenhouse Gas Emissions Reduction: What Options are on the Table?

The Mighty Columbia Conference

District Energy: What's Stopping Us from Sharing in the Sharing Economy?

National Hydropower Association's Alaska Regional Meeting

Power Plant Pollutant Control and Carbon Management "MEGA" Symposium

National Water Resources Association's Western Water Seminar 2016

41st International Technical Conference on Clean Coal & Fuel Systems

2016 Aspen-Nicholas Water Forum

Clean Power Plan 2016 Outlook

Arctic Encounter Symposium 2016

International Water & Climate Forum 2015

2015 AWRA Washington State Conference - Water Management Strategies in the Face of Climate Change

Will the Clean Power Plan Stand Up to Legal Scrutiny? Will it Survive?

US Climate Policy: How We Got Here and What it Means for the Future

13th Annual Higher Education Real Estate Lawyers Conference

Dangerous Waste and Recycling Conference

Water Law in Washington

Waters of the U.S. TeleBriefing

Hydrology and the Law Conference

ECO:nomics - Creating Environmental Capital

Energy-Water Nexus - Issues Facing Public Power in the Future

Preparing for Climate Change - New Regulations and New Litigation

2014 AFN Annual Convention

14th Annual Wetlands in Washington

Energy Export Permitting in the Northwest

2014 Environmental and Land Use Law Midyear Meeting & Conference

New ESA Rule on Economic Impacts in Critical Habitat Designations

AIPRO's 5th Annual Meeting

13th Annual Wetlands in Washington

NHA's 2013 Alaska Regional Meeting

Legal Perspective of the MATS Rule

11th Annual Wetlands in Washington

Greenhouse Gas Regulation: EPA Takes Center Stage (Webinar)

AGA Legal Forum 2010

2010 Outlook for U.S. Energy and Environmental Policy

2nd Annual National Climate Change Regulation Conference

Rocky Mountain Mineral Law's Special Institute on Resources and Climate Change

ALI-ABA Global Warming: Climate Change and the Law

Air Quality Regulation in the Pacific Northwest

Connecting the Dots on Climate Change

New Issues in Solid Waste and E-Waste Workshop

Alerts

California's Cap-and Trade Program Wins in Court, Program's Future Still Unclear

Climate Change Policy Developments in Washington State

Trump Executive Order Starts Review and Potential Revision of the "Waters of the United States" (WOTUS) Rule

Administration Takes an Initial Step in its Regulatory Reform Agenda

Executive Actions May Impact the Future of Energy Infrastructure Projects and Domestic Manufacturing

Second Circuit Reinstates EPA's Water Transfers Rule

Army Corps of Engineers Releases 2017 Nationwide Permits

Dakota Access Challenges Army Corps After Easement Determination Stalled

State Supreme Court Roils Rural Water Supply in Growth Management Decision

BLM's Final Methane and Waste Prevention Rule Creates Compliance Uncertainty

How will a Trump Administration Re-set U.S. Climate Policies?

2016 Election Results: Impacts of the Presidential and Congressional Races

EPA Expands Tribal Authority to Administer Clean Water Act Programs on Reservations

Part of a Host of New Administration Initiatives Addressing Tribal Issues

Ninth Circuit Concludes that Tribes' Treaty Fishing Rights Obligate State to Fix Fish Blocking Culverts

Army Corps Proposes Renewal of Nationwide Permits for Work in Waters of the U.S.

Oregon Communities and Developers Face Significantly Heightened Standards Following ESA Consultation on National Flood Insurance Program

EPA Takes Actions to Reduce Methane Emissions from the Oil and Gas Sector

Proposed Air Quality Rules May Pose Challenge to Offshore Oil and Gas Industry

Recap of Washington Legislative Session: Not For the Faint of Heart

Administration Marches Ahead on Critical Habitat:
Final Rules and Exclusion Policy Lay Groundwork for Broader Designation of Critical Habitat and Reshape the Adverse Modification Inquiry

Reflections on the BLM's Proposed Methane and Waste Reduction Rule

New Rule & Initiatives to Limit Carbon Gaining Traction in Washington State

President Signs Permanent Tax Relief for Businesses and Working Americans

Congress Establishes Federal Permitting Reforms for Major Infrastructure Projects

Observations about the Paris Climate Agreement and its Implications for U.S. Businesses

When it Comes to Wetland Mitigation, Choose Wisely

Rural Water Strategies: The Saga Continues

Van Ness Feldman Publishes Clean Power Plan Resource Guide

A Context for Viewing Climate Change in the Northwest

EPA Issues Package of Proposed Rules to Reduce Methane Emissions from the Oil and Gas Sector

Caught "Short": Are You Better Off Under the Clean Power Plan than You Were 14 Months Ago?

Washington's Extreme Drought Stresses Water Users, Regulators, and Legal System

Are You Better Off Under the Clean Power Plan than You Were 14 Months Ago?

EPA Issues Regulations to Control Carbon Dioxide Emissions from the Power Sector

After Michigan v. EPA: What Comes Next for EPA's Power Plant Mercury Rule?

EPA Moves to Expand Scope of U.S. GHG Regulations to Include Aircraft

Fish and Wildlife Service Contemplates Expansive Permitting Regime to Address Incidental Take of Migratory Birds

Federal Agencies Release Final "Waters of the United States" Rulemaking, Sending Ripples Through the Regulated Community

FERC Approves Pipeline Modernization Policy Statement

Minimizing Environmental Liability in Real Estate Transactions

Interior Releases Proposed Arctic Drilling Rule

Policy Outlook for 2015

FERC's Clean Power Plan Technical Conferences: Investigating Reliability, Market Structure, and Infrastructure Impacts of EPA's 111(d) Proposal

Proposed Federal 111(d) Plan: Potential Opportunity for Utilities, Stakeholders, and States to Inform the EPA Process

Obama Administration Announces Plans to Control Methane Emissions from the Oil and Gas Sector

Five Things to Look for in the Obama Methane Policy Announcement

EPA Promulgates Long-Awaited Final Rule Revising the Definition of Solid Waste

FERC Offers Analytical Framework for Pipeline Recovery of Costs Related to Safety, Reliability, and Environmental Compliance Costs and Requests Comments

Proposed Rule Redefining Jurisdictional "Waters of the United States" Under the Clean Water Act – Comment Period Closes, but Questions Remain Open

Court Concludes that FEMA's Implementation of the Puget Sound Biological Opinion is Close Enough for Government Work

Supreme Court Rejects Extending Clean Air Act Permitting Authority Based Solely on GHGs but Upholds GHG Limitations on Otherwise Regulated Stationary Sources

EPA Proposal for Regulating CO2 Emissions from Modified Power Plants Would Require Efficiency Improvements, But Not CCS

EPA Issues Proposed Clean Power Plan to Limit Greenhouse Gas Emissions from Existing Power Plants

Van Ness Feldman Receives Top Recognition in Chambers USA 2014 Rankings

EPA Releases Final Standards for Cooling Water Intake Structures at Power Plants and Other Facilities

Administration Proposes Changes to Endangered Species Act Critical Habitat Designations and "Adverse Modification" Definition

White House Releases Third U.S. National Climate Assessment

Supreme Court Rejects D.C. Circuit Vacatur of Cross-State Air Pollution Rule

White House Releases Climate Action Plan to Reduce Methane Emissions

Federal Agencies Issue Long-Awaited "Waters of the United States" Notice of Proposed Rulemaking for Clean Water Act Jurisdiction

Final Environmental Analysis for Keystone XL Pipeline Project Elevates Climate Change Issues

President Reaffirms Support for "All-of-the-Above" Energy Policy, Announces Initiative to Streamline Energy Infrastructure Permitting

OUTLOOK 2014: KEY POLICY DEVELOPMENTS

Clearer Picture Emerging on Proposed Rule Redefining Jurisdictional Waters of the United States

Nuclear Waste Fee to Be Suspended Indefinitely

Supreme Court Will Review Whether EPA Clean Air Act Permitting Authority Extends to Greenhouse Gases

EPA Proposes New Standards to Regulate Carbon Dioxide Emissions from New Power Plants

Draft Rulemaking Likely to Expand Clean Water Act Jurisdiction

EPA Regulation of Greenhouse Gas Emissions from Existing Power Plants: Issues and Options

EPA Proposes New Standards to Regulate Water Discharges from Power Plants

National Ocean Council Releases Final Ocean Policy Implementation Plan

Federal District Court Orders Washington State Agencies to Repair Culverts that Block Fish Passage in Violation of Tribes' Treaty Fishing Right

EPA Proposes New, Stringent Standards for Vehicle Emissions and Fuels (Updated April 8, 2013)

FEMA Developing Procedures for Tribal Governments to Request Disaster Declarations

FERC Issues Declaratory Order that Ends Practice of Assessing Charges for Use of Non-Federal Lands Subject to Power Site Reservation

Supreme Court Reverses Ninth Circuit on Clean Water Act Issue

Federal District Court Upholds Criminal Conviction Under the Migratory Bird Treaty Act for Bird deaths Resulting from Oil Refinery Operations

EPA Proposes Greenhouse Gas Emission Limits for New Electric Generating Units

FWS Issues Advance Notice of Proposed Rulemaking to Promote and Recognize Voluntary Conservation of Species under the ESA

EPA Issues Final Rule Regulating Mercury, Other Pollutants from Power Plants

Key EPA Actions Lay Foundation for Regulation of GHG Emissions Under the Clean Air Act

Updates

Hydro Newsletter - Volume 4, Issue 3

Policy Update: A Period of Significant Development

Climate, Energy, & Air Update - September 11 - 24, 2014

Climate, Energy, & Air Update - Aug. 28 - Sept. 10, 2014

Climate, Energy, & Air Update - August 14 - 27, 2014

Climate, Energy, & Air Update - August 1 - 13, 2014

Climate, Energy, & Air Update - July 16 - 30, 2014

Climate, Energy, & Air Update - June 26 - July 9, 2014

Climate, Energy, & Air Update - June 12 - 25, 2014

Climate, Energy, & Air Update - May 29 - June 11, 2014

Climate, Energy, & Air Update - May 15 - 28, 2014

Climate, Energy, & Air Update - May 1 - 14, 2014

Climate, Energy, & Air Update - April 17 - 30, 2014

Climate, Energy, & Air Update - April 2 - 16, 2014

Climate, Energy, & Air Update - Mar. 20 - Apr. 2, 2014

Climate, Energy, & Air Update - March 5 - 19, 2014

Climate, Energy, & Air Update - Feb. 18 - Mar. 5, 2014

Climate, Energy, & Air Update - Jan. 30 - Feb. 12, 2014

Climate, Energy, & Air Update - Jan. 16 - 29, 2014

Climate, Energy, & Air Update - Jan. 1 - 15, 2014

Climate, Energy, & Air Update - Dec. 4 - 18, 2013

Climate, Energy, & Air Update - Nov. 7 - 20, 2013

Climate, Energy, & Air Update - Oct. 24 - Nov. 6, 2013

Climate, Energy, & Air Update - Oct. 10 - 23, 2013

Climate, Energy, & Air Update - Sep. 19 - Oct. 9, 2013

Climate, Energy, & Air Update - July 4 - 17, 2013

Climate, Energy, & Air Update - June 20 - July 3, 2013

Climate, Energy, & Air Update - June 6 - 19, 2013

Climate, Energy, & Air Update - May 23 - June 5, 2013

Climate, Energy, & Air Update - May 9 - 22, 2013

Climate, Energy, & Air Update - April 25 - May 8, 2013

Climate, Energy, & Air Update - April 11-24, 2013

Climate, Energy, & Air Update - March 28 - April 10, 2013

Climate, Energy, & Air Update - March 13 - 27, 2013

Climate, Energy, & Air Update - January 31 - February 13, 2013