Jay P. Derr

Partner

206.623.9372

jpd@vnf.com

Assistant

Millennium Tower
719 Second Avenue Suite 1150
Seattle, WA 98104

Public Ports, Marine Terminals, Energy Infrastructure and Industrial Development 

  • Represents Tesoro Savage Petroleum Terminal, LLC, a joint Venture between Tesoro Refining and Marketing Company LLC and Savage Companies overseeing all aspects of the company’s Vancouver Energy crude oil terminal and marine transfer facility at the Port of Vancouver, WA, including managing a team of experts preparing an environmental impact statement to obtain all federal, state and local industrial facility permits, and representing the project in the permit adjudication hearings before the Washington State Energy Facility Site Evaluation Council, a multi-agency council with exclusive jurisdiction over all major energy infrastructure projects in the State of Washington.
  • Represents the Port of Kalama, co-applicant with Northwest Innovation Works, in the development of a methanol manufacturing plant, new dock and marine transfer facility, and other associated process elements including a Ranney well proposed on port property.  Work includes  overseeing the environmental review and all aspects of federal, state and local air, water and land use permitting including Section 10 and 404 permits, and Endangered Species Act and NEPA compliance, State Environmental Policy Act (SEPA), Environmental Impact Statement (EIS), local air permits and shoreline permits  for the new dock and the methanol processing facility.  A partner pipeline company will be building a lateral pipeline extension that will bring natural gas from the existing natural gas transmission line to the new facility for methanol production, loading and transport to China for use as a feedstock in plastics production. 
  • Represents Tesoro Refining and Marketing, LLC with SEPA/NEPA review and US Army Corps of Engineers permitting for Clean Products Upgrade project at Tesoro Refinery in Anacortes, WA.
  • Represented Imperium Renewables, owner and operator of the nation’s largest BQ-9000 certified biofuels processing facility, in obtaining and defending SEPA and Shoreline Management Act approvals for expansion of its rail-marine vessel terminal and transfer facility at the Port of Grays Harbor, Washington. Negotiated SEPA mitigation and shoreline substantial development permits, and defended the project in appeals before the Washington State Shoreline Hearings Board.

Private Sector Residential Land Development

  • Represents Pacific NW divisions of some of the nation’s premier residential homebuilders in site acquisition, due diligence, subdivision, and SEPA environmental review of residential development projects ranging from a few to several hundred lots.  Jay’s work on these projects often includes negotiating development agreements addressing project impacts on traffic, stormwater, wetlands, parks, and public infrastructure and public services to ensure predictable project conditions for the life of the development.. 
  • Periodically advises  national corporations on regional and nationwide expansion programs, including acquisitions, feasibility studies, and state and local permitting.

City and County Representation

  • Has served as Special Deputy Prosecutor for Skagit and Whatcom Counties, advising the counties on Growth Management Act (GMA) and SEPA compliance, developing and defending critical areas and wetland regulations, urban growth area designations, concurrency and impact fee programs, urban and rural development density provisions, surface water and groundwater quantity and quality programs and related land use and environmental regulations. Defended County comprehensive plan and development regulations before the Growth Management Hearings Board and the Washington State Supreme Court.
  • Defended the City of Tacoma, Washington against a multi-million dollar damage claim arising out of the City’s SEPA, rezone, planned unit development, and preliminary plat decisions for the Northshore Golf Course in northeast Tacoma. After the damage claim was filed against the City, Jay was retained to oversee the City’s SEPA and land use review processes. He filed and successfully argued a declaratory judgment action upholding property openspace agreements and defended Land Use Petition Act (LUPA) appeals of the City’s decisions in Pierce County Superior Court and the Washington State Court of Appeals.
  • Previously served as Special Deputy Prosecuting Attorney for Columbia and Garfield Counties for SEPA review and permitting efforts for the Lower Snake River Wind Farm.
  • Represented the Cities of Cle Elum, Snoqualmie and Tacoma, advising them on all aspects of the local SEPA review and permitting process for complex, master-planned development projects.
  • Represents a wide variety of municipal and private sector clients with Growth Management Act appeals before the Washington Growth Management Hearings Board and the courts. 

Publications

Rethinking Washington's State Environmental Policy Act

NW Lawyer, Vol. 68 Issue 3 pp. 50-52
04/30/2014

Chapter 13: Growth Management Hearings Board

Washington Real Property Desk Book, Washington State Bar Association (4th ed. 2012), Vol. 5
10/01/2012

Presentations

The Mighty Columbia Conference

Presenter, "Energy on the Columbia River"
Seattle, WA
10/28/2016

Energy Exports in the Pacific Northwest

Panelist, "Transportation of Oil by Rail"
Law Seminars International
Seattle, WA
08/17/2015