Jay P. Derr

Public Ports, Marine Terminals, Energy Infrastructure and Industrial Development 

• Port of Seattle Sustainable Aviation Masterplan Update NEPA and SEPA review. Part of a port project team coordinating with the Federal Aviation Administration (FAA) to prepare NEPA environmental review documents for major SeaTac airport terminal expansion projects. Member of the Port’s strategic team preparing a SEPA EIS for the same projects. SEPA and local regulatory advisor to the Port on a wide range of local land use and environmental review matters.
• Port of Skagit Stormwater Infrastructure Permitting. Advocating with Skagit County to protect vested and constructed stormwater infrastructure at Skagit Airport and the Bayview Ridge Industrial Park.
• Divert, Inc. Strategic advisor regarding SEPA environmental review and local and state permitting for a state of the art food waste to renewable natural gas processing facility in Longview, Washington.
• 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.
• The Port of Kalama on various marine terminal industrial facility projects, including recently as co-applicant with Northwest Innovation Works, in the development of a methanol manufacturing plant, new dock and marine transfer facility on port property. 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.

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.