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David S. Steele

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Profile photo for David S. Steele
Partner

David S. Steele

David counsels companies in disputes across a range of industries in both state and federal court and other adjudicative bodies.

David has deep experience representing natural gas and electric utilities and energy companies in regulatory and litigated proceedings before state and federal utility commissions, including the Washington Utilities and Transportation Commission (WUTC), the Federal Energy Regulatory Commission (FERC), and the Bonneville Power Administration (BPA), as well as in state and federal court. His practice includes commission rate proceedings, enforcement actions, investigations, the closure of coal generating facilities, other pipeline and energy-related litigation, energy transactions, and various state and federal regulatory issues.

David understands the energy markets across the Pacific Northwest and regularly advises clients on the retail and wholesale electricity markets and related transmission issues. David works closely with energy companies on compliance with clean energy laws, such as the Washington Clean Energy Transformation Act and the Climate Commitment Act.

David's experience representing regulated entities also includes other industries such as solid waste, transportation, and marine pilotage companies.

David is also a seasoned commercial litigator who has advised and represented clients in all stages of litigation, including business disputes, real property, unfair competition, environmental, probate, and public record or open public meetings law. In 2024, David was recognized by Best Lawyers as Ones to Watch for Commercial Litigation and by Thomson Reuters as a "Stand-out Lawyer."

David is active in the community and maintains a robust pro bono practice, focusing primarily on constitutional rights and immigration. He was a member of the Perkins Coie Wilbur v. City of Mt. Vernon litigation team that successfully challenged the public defender systems in two Washington cities for the failure to provide effective assistance of counsel to indigent defendants.

Education & Credentials

Education

  • Duke University School of Law, J.D., cum laude, Editor-in-Chief, Duke Environmental Law & Policy Forum, 2012
  • University of Washington, B.A., Law, Societies & Justice/Philosophy, magna cum laude, 2008

Bar and Court Admissions

  • Washington

Related Employment

  • Duke Environmental Law & Policy Clinic, Durham, NC, Student Attorney, 2011
  • Perkins Coie LLP, Seattle, WA, Summer Associate, 2011; Legal Extern, 2007
  • Robinson, Bradshaw & Hinson PC, Charlotte, NC, Summer Associate, 2011
  • North Carolina Conservation Network, Raleigh, NC, Legal Extern, 2011
  • Centre County Court of Common Pleas, Hon. Thomas King Kistler, Bellefonte, PA, Law Clerk, 2010

Professional Recognition

  • Listed in Thomson Reuters “Stand-out Lawyers,” 2024

  • Recognized by Best Lawyers: Ones to Watch for Commercial Litigation, 2024

  • Washington Defender Association, President's Award for the Wilbur v. City of Mt. Vernon indigent rights to counsel class action litigation, 2014

  • Washington Association of Criminal Defense Lawyers, Champion for Justice Award for the Wilbur v. City of Mt. Vernon indigent rights to counsel class action litigation, 2014

  • Perkins Coie Annual Pro Bono Leadership Award for the Wilbur v. City of Mt. Vernon indigent rights to counsel class action litigation, 2013

Professional Experience

Regulatory Litigation

In the Matter of the Joint Application of Puget Sound Energy

Represented Puget Sound Energy in proceeding for sale of ownership interest in Puget Holdings, LLC. Docket U-210542.

Washington Utilities and Transportation Commission v. Puget Sound Energy

Represented Puget Sound Energy in power-cost-only rate proceeding. Docket UE-200980.

In the Matter of the Joint Application of Puget Sound Energy

Represented Puget Sound Energy in proceeding for sale of interest in coal plant. Docket UE-200115.

In the Matter of the Joint Application of Puget Sound Energy

Represented Puget Sound Energy in proceeding for sale of water heater business. Docket UG-200112.

Washington Utilities and Transportation Commission v. Puget Sound Energy

Represented Puget Sound Energy in general rate case. Dockets UE-190529/UG-190530.

Washington Utilities and Transportation Commission v. Puget Sound Energy

Represented Puget Sound Energy in expedited rate proceeding. Dockets UE-180899/UG-180900.

In the Matter of the Joint Application of Puget Sound Energy

Represented Puget Sound Energy in proceeding for sale of ownership interest in Puget Holdings, LLC. Docket U-180680.

Washington Utilities and Transportation Commission v. Puget Sound Energy

Represented Puget Sound Energy in general rate case. Dockets UE-170033/UG-170034.

Washington Utilities and Transportation Commission v. Puget Sound Energy

Represented Puget Sound Energy in enforcement action following natural gas explosion in the Greenwood neighborhood of Seattle. Docket PG-160925.

Washington Utilities and Transportation Commission v. Puget Sound Energy

Represented Puget Sound Energy in dispute regarding company water heating leasing program. Dockets UE-151871/UG-151872.

FERC Petroleum Pipeline Dispute

Represented large petroleum retailer in lengthy dispute before the Federal Energy Regulatory Commission (FERC) relating to petroleum pipeline shipping.

Land Use Litigation

Renton School District No. 403 v. Kelley, Case No. 21-2-07401-1 (King County Superior Court)

Represented school district in eminent domain and quiet title action to resolve title defect.

Chelan Basin Conservancy v. GBI Holding Co.

Represented developer before Washington Supreme Court where nonprofit organization sought removal of decades-old lake fill as a violation of the Public Trust Doctrine (PTD) and an unlawful interference with the navigable waterway. Case No. 93381-2 (Washington 2017).

Central Puget Sound Regional Transit Authority v. True Jesus Church

Represented church in eminent domain action by regional transit authority to condemn property for regional light rail project. No. 19-2-06722-5 (King County Superior Court).

Central Puget Sound Regional Transit Authority v. Lee

Represented commercial property owner in eminent domain action by regional transit authority to condemn property for regional light rail project. No. 18-2-00772-31 (King County Superior Court).

State of Washington v. Montlake LLC

Represented commercial property owner in eminent domain action by Washington Department of Transportation to condemn property for S.R. 520 bridge project.

In the Matter of the Petition of Everett School District No 2

Represented school district in eminent domain action to acquire property for new high school. Case No. 17-2-09544-31 (Snohomish County Superior Court).

Central Puget Sound Regional Transit Authority v. Mayers MGI Building Holding LLC

Represented nonprofit ballet in arbitration to resolve dispute regarding scope of just compensation in eminent domain matter resulting in successful outcome for client. Case No. 15-2-13876-6 (King County Superior Court).

Commercial Litigation

Freilinger v. Del Rey Mobile Home Park, LLC, Case No. 20-2-14158-5 (King County Superior Court)

Represented client in third-party subpoena.

Landis+Gyr Midwest, Inc. v. State of Washington, Department of Revenue, Case No. 20-2-02301-34 (Thurston County Superior Court)

Represented client in third-party subpoena.

Bio Management Northwest, Inc. v. Washington Bio Services, Case No. 20-00670 (U.S. District Court for the Western District of Washington)

Represented client in third-party subpoena.

Spearman Corporation v. The Boeing Company, Case No. 2:20-cv-00013-RSM (Western District of Washington)

Represented client in contract dispute involving aerospace supplier.

Puget Sound Energy, Inc. v. Washington Utilities and Transportation Commission, Case No. 20-2-02096-34 (Thurston County Superior Court)

Represented Puget Sound Energy in Public Records Act litigation.

Collegenet v. The Common Application

Represented plaintiff in antitrust action challenging exclusive dealing and monopoly maintenance in online college application processing services market. Case No. 3:14-cv-00771 HZ (District of Oregon).

Caliber Funding LLC v. Abel et al.

Represented mortgage company in unfair competition litigation to enforce breach of noncompetition agreement. Case No. C48 CV2014-481 (Northampton County, Pennsylvania, Court of Common Pleas).

Puget Sound Energy v. Atlis et al.

Represented utility in recovery of telecommunications spectrum and other damages in breach of contract action. Case No. 2:15-cv-01393 (Western District of Washington).

In re: Disposable Contact Lens Antitrust Litigation

Represented retailer in multidistrict litigation antitrust action involving alleged price-fixing agreements in violation of state and federal laws. Case No. 3:15-md-2626-HES-JRK (U.S. District Court for the Middle District of Florida).

Foamfanatics LLC v. Fan Fave, Inc.

Represented manufacturer of sports memorabilia in breach of contract and unfair competition action resulting in successful resolution for client. Case No. 2:17-cv-01475 (Western District of Washington).

Foamfanatics LLC v. Teamo LLC

Represented manufacturer of sports memorabilia in breach of contract and trade secret action resulting in successful resolution for client. Case No. 2:17-cv-00489-RSM (Western District of Washington).

Pro Bono

Represented Deportee in Pardon Proceeding

Represented client in pardon proceedings before the Washington Clemency and Pardons Board, leading to full pardon by Washington governor and preventing client deportation to Cambodia.

Boyle et al. v. City of Puyallup et al.

Represented homeless individuals in action against Pierce County and City of Puyallup, alleging defendants had violated the constitutional rights of plaintiffs by unlawfully seizing their property during homeless encampment “sweeps.” In settlement, obtained damages for plaintiffs and defendants implemented policy changes regarding their homeless encampment sweep policies. Case No. 3:18-cv-05750-BHS (Western District of Washington).

Filiberto Mora v. Schroeder et al.

Represented tenants in action against landlord and property manager for violating landlord-tenant laws resulting in deplorable and illegal living conditions. Matter resulted in successful resolution for tenants. Case No. 18-2-03043-31 (Snohomish County Superior Court).

Wilbur et al. v. City of Mount Vernon et al.

Represented indigent defendants in action against the cities of Mount Vernon and Burlington alleging that the cities had violated the constitutional rights of the plaintiffs by depriving them of effective assistance of counsel. In a landmark decision, U.S. District Judge Robert Lasnik ruled that the cities had systemically violated the Sixth Amendment right to counsel of thousands of indigent misdemeanor defendants and imposed injunctive relief for four years. Wilbur is the only case in the United States where systemic deprivation of the right to counsel claims were tried and the first case in the country where the U.S. Department of Justice (DOJ) filed a statement of interest supporting injunctive relief. Case No. 2:11-cv-01100-RSL (Western District of Washington).

Latourette v. Washington Department of Corrections

Represented incarcerated prisoner in action alleging Washington Department of Corrections subjected prisoner to cruel and unusual punishment in prison assault in violation of his constitutional rights. Case was successfully settled in favor of client. Case No. 2:12-cv-00564-BHS (Western District of Washington).

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