Michael Dunning

Represented Les Schwab Tire Centers

Represented Les Schwab Tire Centers, a 68-year-old family-owned business and leading tire retailer and service center operator, in its sale to Meritage Group.

Washington v. Mt. Baker Housing Association

Represented nonprofit affordable housing developer in a first-of-its-kind prospective purchaser consent decree with the state of Washington. The settlement facilitates the redevelopment of multiple contaminated properties into transit-oriented affordable housing. The representation also included the first redevelopment opportunity zone created by the city of Seattle, which allowed the client to receive state grant funds to pay for cleanup costs.

Washington v. Trans Mountain Pipeline LLC

Represented energy company in successful settlement of liability to address contamination at a pipeline transfer station.

Washington v. Grand Street Commons

Represented a joint venture of a market developer and nonprofit affordable housing developer in completing a prospective purchaser consent decree for cleanup and redevelopment of a previous industrial operation into hundreds of new units of market and affordable housing near the new East Link light rail station. Obtained millions of dollars in funds from responsible parties and government grants to fully fund cleanup costs.

United States and State of Washington v. Moses Lake*

Represented the state of Washington in negotiation for a consent decree with the United States and multiple other parties for the cleanup of large TCE plume at the former Larson Air Force Base in Moses Lake, Washington. No. Cv-10-459-LRS.

Washington v. North Lot Development, LLC (North Lot Development)*

Represented the state of Washington in negotiation for a consent decree ensuring cleanup of the north parking lot area of CenturyLink Field (Seattle Seahawks Stadium). The decree facilitated an estimated $250 million redevelopment of the property for a commercial, multiuse, transit-oriented brownfield project. No.11-2-27892-1.

Washington v. Kimberly Clark Corporation*

Represented the state of Washington in negotiation of a consent decree requiring implementation of environmental cleanup and natural resource damage payment concerning Fidalgo Bay, Washington. No. 09-2-01247. The settlement fostered a redeveloped and revitalized shoreline on Fidalgo Bay in Anacortes, Washington.

Washington v. Clark County, WA*

Represented the state of Washington in negotiation of a consent decree and amendment requiring the implementation of environmental cleanup concerning the former Camp Bonneville Military Reservation near Vancouver, Washington. This successful negotiation involved CERCLA early transfer of the base to Clark County from the U.S. Department of Defense and full funding from the federal government to Clark County for state-lead MTCA cleanup of munitions-related contamination. No. 06-2-05340-4. The settlement will allow Clark County to transform the former base into a regional park.

Former Mill A Site

Provide ongoing representation of an industrial client at a complex sediment cleanup site on Puget Sound. Site issues include multiparty allocation, complex sediment cleanup, and ongoing natural resource damage settlement negotiation.

Former Mill E Site

Provide ongoing representation of an industrial client at a site adjacent to a major river. Site issues include multiparty allocation and defense of government attempt to significantly expand the scope of the site.

Former Dawn Mining Uranium Millsite

Provide ongoing representation of mining company in the cleanup and closure of former uranium millsite pursuant to the Uranium Mill Tailings and Radiation Control Act (UMTRCA).

Pasco Bulk Terminal Site

Persuaded the government that the site should be split into two separate sites, reducing the client’s scope of liability and providing for more efficient and cost-effective cleanup.

Bethel School District

Obtained full recovery of the school district’s costs (including attorneys’ fees) to cleanup legacy contamination from previous landowner.

Confidential Client

Obtained significant recovery of developer’s costs to cleanup legacy contamination from previous landowner.

Confidential Client

Defended a client in response to demand for cleanup costs; client paid nothing.

Washington Dept. of Transportation

Appointed special assistant attorney general to represent Washington DOT in superfund cleanup. Successfully negotiated administrative settlement with EPA.

Contaminated Property Commercial Transactions

Counsel multiple clients on environmental assessments and risk management options in the purchase, sale, and lease of contaminated property.

*Prior Experience

Georgia-Pacific LP, et al. v. NCR Corp., et al.

Ongoing representation of former paper mill operator in CERCLA contribution action.

Multi-Site CERCLA Cost Recovery Mediation

Represented confidential client in mediated multisite CERCLA cost recovery action, resulting in successful multimillion-dollar recovery for the client.

Expert Witness, MTCA Allocation

Served as an expert witness for confidential client in allocation of MTCA cleanup costs in arbitration matter.

Atlantic Research v. United States*

Represented the state of Washington and 39 other states and territories as amicus curiae in CERCLA case. The court agreed with the states and the plaintiff and permitted liable parties to seek cost recovery from other liable parties even in the absence of government enforcement. (551 U.S. 128 (2007)).

Pakootas & State of Washington v. Teck Cominco*

Represented Washington in CERCLA enforcement lawsuit before the district court and on appeal, seeking to hold a Canadian company liable for the cleanup of the Upper Colombia River. 552 U.S. 1095 (2008), 646 F.3d 1214 (9th Cir. 2011), 2009 WL 1839002 (2009), 2011 WL 5975266 (2011).

Ecology v. Tiger Oil Corporation*

Represented the Department of Ecology in MTCA enforcement action, settling the matter prior to trial and entering a consent decree requiring remediation of the site. Successfully defended MTCA from the defendant's constitutional challenges. No. 02-2-00956-2.

*Prior Experience

Benton County Mosquito Control District v. Department of Ecology

Successfully represented a local public health agency regarding a condition in the Aquatic Mosquito Control General Permit. The Pollution Control Hearings Board granted summary judgment on the question of Ecology’s authority to include the condition under the Clean Water Act and required removal of the unauthorized condition.

Waste Action Project v. Brown Line LLC

Successfully resolved Clean Water Act Citizen Suit for transportation client.

Nature's Path v. Dept. of Ecology

Represented food and beverage client in defense of government enforcement action; case successfully settled via a supplemental environmental project.

Waste Action Project v. Sierra Pacific Industries

Represented wood products company in defense Clean Water Action citizen suits regarding two facilities; cases settled successfully.

Puget Soundkeeper Alliance v. Total Terminals International

Represented port terminal in defense and successful settlement of Clean Water Action citizen suit.

Puget Soundkeeper Alliance v. Ecology, et al.

Represented client in successful defense of the Department of Ecology’s modifications to the Industrial Stormwater General Permit.

Puget Soundkeeper Alliance v. U.S. Environmental Protection Agency

Represented manufacturing trade group as defendant-intervenor in a case brought by an environmental group regarding water quality standards. The plaintiffs’ case was dismissed on summary judgment.

EPA Stormwater Enforcement Action

Successfully assisted client in negotiating reduced penalty amount in industrial stormwater enforcement action by the EPA.

In Re the Matter of U.S. Dept. of Energy; Washington v. U.S. Dept. of Energy*

Served on a team of assistant attorneys general representing the state of Washington in its efforts to force the federal government to continue the Yucca Mountain high level nuclear waste depository. NRC proceeding, NRC Docket No. 63-001-HLW, ASLBP 09-892-HLW-CAB04, No. 10-1050.

Confidential Client

Ongoing representation of manufacturing client in resolving hazardous waste permitting and compliance issues.

Washington Hazardous Waste Enforcement*

Assisted confidential client settle state hazardous waste enforcement action for reduced amount.

*Prior Experience

Granite Construction Company v. Puget Sound Clean Air Agency

Represented large, national construction company in successful appeal and settlement of government enforcement action.

Air Quality Permit and Regulatory Compliance

Counsels several clients in a variety of businesses regarding air quality permit compliance.

Wild Fish Conservancy v. Dep’t of Fish and Wildlife and Steelhead Trout

Represented nonprofit recreational fishing ground in challenge to state’s hatchery management. Successfully settled the case, allowing on-going state hatchery program.

Industrial Client

Assisted client in investigating and auditing water quality permit compliance and with reporting permit violations to regulatory agency. Mike also assisted his client in correcting past issues and achieving compliance. No penalties were issued by the government.

Natural Resource Client

Assisted client with internal investigation.

Multinational Food & Beverage Clients

Oversaw and directed environmental audits for clients with business units in North America, Europe, and Australia.

Multistate Food & Beverage Client

Ongoing representation of large food and beverage client on all aspects of environmental permitting and compliance at multiple facilities. Representation includes overseeing periodic compliance audits.

Developer Client

Provide ongoing oversight of environmental audit for client with business units in multiple U.S. states.

Transportation Client

Oversaw and directed environmental audits for client with multiple transportation facilities in Washington state.

Electronic Waste

Assisted and counseled large technology company regarding compliance with new state electronic waste reporting and disposal requirements.

Chemicals in Retail and Consumer Products

Counseled large apparel manufacturers regarding compliance with new state requirements to report certain chemicals in consumer products.