Monthly Archives: October 2013


Green Meets Blue: Growth Management and Water on Nov. 14th

 

Green meets Blue:  Growth Management and Water

Continuing Legal Education Seminar

Presented by the Center for Environmental Law & Policy and Futurewise

 

November 14, 2013

8:00am – 6:00pm

Seattle Central Library

1000 4th Ave., Seattle

Level 4, Room 1 (Washington Mutual Foundation Meeting Room)

 

Water is our most essential resource. All uses of land – agricultural, residential, commercial, and industrial – require access to reliable water supplies; certainly economic growth cannot occur without water.  While the relationship between land use and water is fundamental, Washington’s land use planning has been slow to integrate sustainable use of water resources at the local county building permit counter.    

One of the pressure points is the increasing reliance on permit exempt wells to provide water to residences and subdivisions outside of urban growth boundaries.  Permit exempt wells have been the subject of key court cases and several controversial bills in Olympia over the past few years.  Join CELP and Futurewise for an update on integrating water use and quality with land use planning, featuring experts who have been in the cross-hairs.

Tickets available at:  http://www.brownpapertickets.com/event/442190

(click on “dates” to register for the appropriate event)

                              Early Bird Professional (through Nov. 7)$150

                              Professional (after Nov. 7)                                   $200

                              Agency/Nonprofit                                     $100

                              Student                                                                Free

 Registration includes 1 year complimentary membership to Center for Environmental Law & Policy and Futurewise.

PROGRAM AND AGENDA

6 CLE Credits Approved

 

8:00                      Registration & Coffee

8:25                      Welcome & Introduction to the Program
– Suzanne Skinner, Executive Director, Center for Environmental Law & Policy (CELP)

– Hilary Franz, Executive Director, Futurewise

8:30-9:15             Water and GMA boot camp. (.75 credits)

– Tim Trohimovich, Director of Planning and Law, Futurewise.

9:15-10:15          Update on Ecology Guidance, County Planning and Permit Exempt Wells (1.0 credit)

– Neil Caulkins, Kittitas County Prosecuting Attorney’s Office

– Tom Loranger, Director-Water Resources Section, Department of Ecology 

10:15-10:30        Break

10:30-11:30        After Swinomish v. Ecology: What Next for Domestic Wells and Overriding Considerations of the Public Interest (1.0 credit)

– Emily Haley, Swinomish Tribal Community Attorney

– Robin McPherson, Assistant Attorney General, Washington Office of the Attorney General

11:30-12:00        Never the Twain Shall Meet? Water Planning and Growth Management Planning: Available Tools and Gaps.  (0.5 credit)

– Kathleen Callison, Esq., Law Office of Kathleen Callison, P.S.

 

12:00-12:30        Futurewise v. Whatcom County, GMHB: Comprehensive Planning and Protections for Drinking Water.  (0.5 credit)

 Jean O. Melious, Nossaman LLP

 

12:30-1:30          Lunch on your own

1:30-2:45             Update on Culverts: The Litigation and the Biology (1.25 credits)

– John Hollowed, Environmental Policy Manager, Swinomish Tribal Community

– Alan Stay, Attorney, Muckleshoot Indian Tribe

2:45-3:00             Break 

3:00-4:00             Model Toxics Control Act (MTCA) Update –Implications of Recent Legislation (1.0 credits)

– Pete Kmet, Senior Environmental Engineer, Washington State Department of Ecology’s Toxic Cleanup Program

– Tom Newlon, Esq., Attorney, Stoel Rives’ Environmental Practice Group

4:00-4:30             Wine and cheese reception 

4:30-5:30             Keynote Presentation:  “Partnerships: Managing Water for the Future”

– Maia Bellon, Director of Washington State Department of Ecology

(No CLE credits are available for Ms. Bellon’s presentation)

 

5:30-6:00             Closing reception
                             

 

 

SPEAKER BIOGRAPHIES

Maia D. Bellon, Washington State Director of Ecology

 

Maia Bellon was named Ecology’s director by Gov. Jay Inslee in February 2013. She began working for Ecology in June 2010 as the deputy program manager for the Water Resources program and in July 2011 Maia became the program’s manager, responsible for overseeing a staff of 130 to sustainably manage the state’s water resources, including the allocation of water and protection of water rights, instream flows and environmental functions.

Before joining Ecology, Maia served as an assistant attorney general with the Ecology Division of the Washington State Attorney General’s Office providing both client advice and litigation support for Ecology on a broad array of issues ranging from the State Environmental Policy Act to the Public Records Act. She was a member of the Waste Section of the Ecology Division from 1994 to 2000 where she served as the lead attorney for the underground storage tank program and was Ecology’s lead advisor on mining and Model Toxics Control Act voluntary cleanup issues. She also served for two years as the lead attorney for Ecology’s Air Quality Program. From 2000 to 2001 she served as the special assistant to the president for Civil Rights and Legal Affairs at The Evergreen State College. Maia then returned to the Ecology Division of the Attorney General’s Office in 2001 and focused her practice on water law for the next nine years. Maia also served on the Executive Committee of the Environmental and Land Use Law Section of the Washington State Bar Association from 2005-2010. Maia is a graduate of The Evergreen State College and earned her law degree from Arizona State University.

Kathleen Callison, Attorney – Law Office of Kathleen Callison, P.S.

 

Kathleen Callison assists public and private sector clients in the development, permitting, use and disposal of water, recycled water, wastewater, and geothermal and mineral resources. She holds a law degree from Seattle University, and a Master’s degree in Marine Affairs from the University of Washington. Prior to establishing her law practice, Ms. Callison served as Water Resources Program Manager for a municipal utility. Ms. Callison also served as President and Executive Director of a nonprofit environmental organization, and co-founded the Puget Soundkeeper, a citizens’ watchdog group. She has represented clients in successful negotiations for major regional water agreements and recycled water agreements, and has published numerous articles on water and geothermal resources in U.S. and international journals. Her current work focuses on district energy and other low-carbon renewable energy projects.

Neil Caulkins, Kittitas County Prosecuting Attorney’s Office

 

Neil Caulkins is the Chief Civil Deputy Prosecuting Attorney for Kittitas County.  His practice area focusses upon land use and he has represented his clients before the Growth Management Hearings Board and all levels of the Washington court system.    Mr. Caulkins received his JD from the University of Washington School of Law.  His scholarly legal writing has been published in the Columbia VLA Journal of Law and Arts and the Journal of the American Patent and Trademark Society.  Mr. Caulkins also holds bachelor’s and master’s degrees in music and has studied at the Royal Conservatory in Madrid, Spain.

 

Tom Loranger, Director Water Resources Section, Washington State Department of Ecology 

With an MS in Environmental Sciences, Tom Loranger has been with the Washington State Department of Ecology for over 20 years working on a variety of issues including policy and regulation review in Ecology’s Waste Management and Toxics Reduction Programs, and salmon recovery planning in the Shorelands Program. He has been a member of the Water Resources Leadership Team for about a decade.

Emily Haley, Swinomish Tribal Community Attorney

As a Tribal Attorney for the Swinomish Indian Tribal Community, Emily Haley’s practice focuses on water law, Reservation land title and boundary issues, and protection of cultural resources. 

 

John J. Hollowed, Sr., Legal/Policy Advisor, Northwest Indian Fisheries Commission, Olympia, WA

For over 25 years, John Hollowed has coordinated tribal policy, legal, and technical staff regarding United States v. Washington, Phase II and other related activities for the Commission. John has also worked with a county prosecutor’s office, the Department of Justice, and as a fisheries manager with one of the tribes in eastern Washington. John received his bachelor’s degree in biology from the University of Illinois, Master’s degree in Oceanography from Old Dominion University, and law degree from Seattle University.

Pete Kmet, P.E., Senior Environmental Engineer, Washington State Department, Toxic Cleanup Program

 

In his role as a senior environmental engineer with Washington State Department of Ecology’s Toxic Cleanup Program, Pete Kmet’s responsibilities include the development of legislation, regulations, policies and technical guidance governing the cleanup of contaminated sites in Washington State.

Robin McPherson, Washington State Department of the Attorney General

 

As Assistant Attorney General, Water Resources Section of the Ecology Division of the Washington State Office of the Attorney General, Robin McPherson represents the Department of Ecology on water rights

appeals, permitting, SEPA and rulemaking.

Jean O. Melious, Nossaman LLP

Jean Melious is a partner with Nossaman LLP, where her practice focuses on land use and environmental law.  She is also a Professor in the Environmental Studies Department of Huxley College of the Environment, Western Washington University.  She was formerly the Chair of the Whatcom County Planning Commission.  When the Whatcom County Council and Planning Commission changed political course and adopted noncompliant Comprehensive Plan provisions, Ms. Melious commenced her pro bono representation of local citizens to appeal these matters before the Growth Management Hearings Board.  Her clients, in conjunction with Futurewise, have prevailed on a wide range of issues, including water resource planning, rural population allocation, and the development of Limited Areas of More Intense Rural Development (LAMIRDs). Ms. Melious has a Master’s degree in Urban Design and Rural Planning from the University of Edinburgh, which she attended as a Marshall Scholar, and a law degree from Harvard Law School.

Tom Newlon, Esq., Stoel Rives, Environmental Practice Group

Tom Newlon is an attorney in Stoel Rives’ Environmental Practice Group with experience in a range of issues including contaminated sediments, aquatic cleanup, the acquisition and redevelopment of brownfields properties as well as the administrative processes of federal and state cleanup programs and obtaining permits for major marine and aviation expansion projects. He has worked on significant regulatory reform efforts involving state programs in hazardous waste management, contaminated sites, ESA-related permitting issues and changes to the federal Superfund program. He is the coauthor of major brownfields-related amendments to MTCA. Prior to joining Stoel Rives Tom’s career has included time as Senior Port Counsel at the Port of Seattle; assistant professor at Walter F. George School of Law, Mercer University (Georgia); research biologist at the Washington State Game Department, Applied Ecology Division; and research biologist at Icthyological Associates in Delaware.

 

Alan Stay, Muckleshoot Indian Tribe Attorney

 

Within the Office of the Tribal Attorney, Muckleshoot Indian Tribe, Alan Stay’s responsibilities involve treaty rights, education, and natural resources.  He was co-counsel in the litigation of the “Culvert” case, a sub-proceeding in United States v. Washington asserting the treaty right to habitat protection.  Alan also participated in a successful challenge to the Seattle Habitat Conservation Plan involving the operation of the Cedar River Water Project, and in an action to enforce a settlement with Puget Sound Energy. Prior to joining the Muckleshoot legal department Alan was a member of the Office of Reservation Council for the Confederated Tribes of the Colville Reservation for 15 years and before that he served as a legal services attorney with Evergreen Legal Services representing 10 Indian Tribes in the implementation of United States V. Washington. He was co-lead counsel in the first attempt by tribes to assert a treaty right to protect the fish habitat (Phase II). Alan received both a BA and a JD from the University of Washington. 

 

Tim Trohimovich, Director of Planning and Law, Futurewise

Tim Trohimovich has more than 25 years of growth management experience, including as Comprehensive Planning Division Manager for the City of Redmond where he participated in GMA appeals and worked extensively with citizens, elected officials, and planners. Tim has also worked on land use issues as hearing examiner in McCleary and Elma, and as a Legal Planner for the Department of Ecology. He is AICP certified and a member of the Washington and Oregon State Bar Associations.