Tyson C. Kade

Of Counsel

202.298.1948

tck@vnf.com

Assistant

1050 Thomas Jefferson Street NW
Seventh Floor
Washington, DC 20007
Permitting and Regulatory Compliance 
  • Counsels various clients on Endangered Species Act rulemaking and compliance issues, including species listings, critical habitat designations, Section 7 consultations, habitat conservation plans, and reintroduction of listed species. 
  • Advises developer on Endangered Species Act, Migratory Bird Treaty Act, and National Environmental Policy Act issues regarding construction of a multi-state renewable energy transmission line.
  • Provides counsel to national coalition on legislative, regulatory, and policy matters under the Endangered Species Act.
  • Assists pipeline and LNG companies with responses to PHMSA enforcement orders, pipeline asset jurisdictional analyses, and regulatory compliance. 
  • Advises public utilities in developing and revising their Open Access Transmission Tariffs and associated business practices in response to FERC’s Order Nos. 890 and 1000. 
  • Counsels seafood companies on a variety of regulatory matters, including fisheries rationalization, quota allocation, crab arbitration, and bycatch issues. 

Civil Litigation and Administrative Appeals
  • Alaska Oil and Gas Ass’n et al. v. Pritzker (D. Alaska and Ninth Circuit) – Counsel to Alaska Native regional corporations, municipal governments, and regional tribal government in challenge to the Endangered Species Act listing of a distinct population segment of bearded seal.
  • Alaska Oil and Gas Ass’n et al. v. Jewell (D. Alaska and Ninth Circuit) – Counsel to an Alaska municipal government in challenge to the Endangered Species Act designation of critical habitat for the polar bear.
  • Markle Interests, LLC v. USFWS (Fifth Circuit) – Represented trade organizations as amici curiae in challenge to designation of critical habitat for the dusky gopher frog under the Endangered Species Act.
  • Alaska Oil and Gas Ass’n et al. v. NMFS (D. Alaska and Ninth Circuit) – Counsel to Alaska Native regional corporations, municipal governments, and regional tribal government in challenge to the Endangered Species Act listing of a subspecies of ringed seal.
  • National Wildlife Federation v. FEMA (W.D. Wash.) – Represented group of property owners and industry associations in defending implementation of a biological opinion on the National Flood Insurance Program in the Puget Sound region.
  • Richert v. City of Tacoma (Wash. State) – Represented Washington municipality in defending against state law property damage claims associated with relicensing of hydroelectric project.
  • Counsel to various pipeline operators in PHMSA enforcement proceedings involving notices of probable violations, proposed civil penalties, proposed compliance orders, and petitions for reconsideration.

Publications

Land Use Appeals

Washington Lawyers Practice Manual, Part 16, Vol. 23 (2013)
10/01/2013

Chapter 1: National Environmental Policy Act

Washington Real Property Desk Book, Washington State Bar Association (4th ed. 2013), Vol. 7
10/01/2013

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

Washington Journal of Environmental Law & Policy, Vol. 2 pp. 283
10/02/2012

Endangered Species Act, Impacts of Compliance in Alaska

Alaska Business Monthly, pp. 42
08/01/2010

Clean Water Act Enforcement: EPA Issues New Action Plan

The Water Report, Issue 69
11/15/2009

Characterization of Montmorillonite Colloids Containing a Clay-Adsorbed Bipolar Poly(pyridyl)osmium(II) Complex

Journal of the Chemical Society, Issue 17 pp. 1821-1823
06/01/1995

Presentations

National Hydropower Association Annual Conference

Speaker, "ESA Listing and Critical Habitat Issues"
Washington, DC
04/29/2015

Growth Management and Land Use Conference

Speaker, "Endangered Species Act and Pending Listings in Washington"
Law Seminars International
Seattle, WA
11/09/2012

Endangered Species Act - Impacts on Alaska Conference

Speaker, "Artic Species: Incidental Take Compliance Strategies"
Law Seminars International
Anchorage, AK
02/25/2010