Seattle - WA
Law Seminars International Presents:

The Annual Comprehensive Conference on Washington's

Growth Management Act

Current topics of heightened interest including those that have undergone recent judicial or legislative scrutiny

November 14 & 15, 2016

Seattle, WA
(or anyplace you may be via webcast!)


Who Should Order

Attorneys, planners, real estate and environmental professionals; Tribal, city and county officials, and anyone else involved in managing growth and development in Washington

Why You Should Order

The Growth Management Act (GMA) continues to evolve in ways that shape our state's growth and our use of natural resources. Land Use in Washington is deeply influenced not only by the GMA but by a number of other environmental, planning and policy considerations. Local governments, public interest groups, property owners, businesses, and other stakeholders continue to debate the role of GMA and other environmental and policy influences on the use of land in Washington.

Each year, we design this program to address current topics of heightened interest including those that have undergone recent judicial or legislative scrutiny. Even though the GMA identified fundamental goals and priorities when it was adopted, those goals continue to identify the foremost challenges to managing growth in our state and we continue to struggle with how to address them regionally and at a statewide level. These major topics include providing and incentivizing affordable housing; managing competition for natural resources; protecting critical areas while facilitating growth; preventing sprawl and containing urban growth; and many others.

Our speakers are recognized experts in their fields and will offer a wide range of perspectives on the cornerstone land use statute in Washington State and other related statutes and regulations. We invite you to attend this conference to hear insights from them on priority topics of the moment and perspectives on what lies ahead.

~ Program Co-Chairs: Tadas Kisielius, Esq. of Van Ness Feldman LLP, and Duana T. Kolouskova, Esq. of Johns Monroe Mitsunaga Kolouskova, PLLC

What You Will Learn

  • New local level focus on climate change impacts
  • Coordinated water system planning
  • The ongoing push to deal with affordable housing
  • Tribal; Treaty rights and permitting implications of the Cherry Point Terminal decision
  • Vesting: Implications of Snohomish County vs Washington PCHB and issues before US Supreme Court
  • Update on the cannabis wars
  • Renewed interest in design review
  • Land use decisions in state courts and hearings boards
  • Practice tips for participation in administrative hearings
  • Ethical issues for land use practitioners

What Attendees Said

  • It is well worth the time each year. Great job!
  • Overall, this was an extremely well-planned & interesting CLE. It was one of the best I've attended. Thank you!
  • Great conference - Best one yet!

Agenda Day 1

Monday, November 14, 2016

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Duana T. Kolouskova, Esq. , Program Co-Chair
Johns Monroe Mitsunaga Kolouskova PLLC / Bellevue, WA

Tadas A. Kisielius, Esq. , Program Co-Chair
Van Ness Feldman LLP / Seattle, WA

8:45 am

Climate Change: Renewed State and Local Level Focus on Preparing for the Impact

Current status of state-level efforts to mitigate the impact: Progress towards development of a second draft Clean Air Rule; other Department of Ecology initiatives

Sarah Rees, Esq., Ph.D. , Special Assistant to the Director for Climate Policy
Department of Ecology / Olympia, WA

Resiliency: Local initiatives including codes addressing sea level rise, extreme storm events, and changing precipitation patterns

Traci M. Goodwin, Esq. , Senior Port Counsel
Port of Seattle / Seattle, WA

Nicole R. Faghin, Esq. , Coastal Management Specialist
Washington Sea Grant / Seattle, WA

10:30 am


10:45 am

Coordinated Water System Planning: Water for Growth and the GMA Crossover

Coordinated water system plans as a way to avoid conflicts between utilities over service areas: Does the planning adequately incorporate GMA principles? What water rights issues do local jurisdictions need to think about when planning under the GMA?

Adam Gravley, Esq.
Van Ness Feldman LLP / Seattle, WA

Local government perspective

Gary S. Stoyka , Natural Resources Program Manager
Whatcom County Public Works / Bellingham, WA

Environmental perspective

Chuck Clarke , Chief Executive Officer
Cascade Water Alliance / Bellevue, WA

12:15 pm

Lunch (on your own)

1:30 pm

Affordable Housing: The Ongoing Push to Deal with the Issue

Proposals under consideration in Seattle: Perspectives on market factors, policy goals, and the legal framework

Emily L. Alvarado , Manager Policy and Equitable Development
City of Seattle - Office of Housing / Seattle, WA

Jessica M. Clawson, Esq.
McCullough, Hill & Leary, PS / Seattle, WA

John V. Fox , Coordinator
Seattle Displacement Coalition / Seattle, WA

Nicholas R. Harper , Senior Director of Strategy & Policy
Master Builder's Association / Bellevue, WA

3:15 pm


3:30 pm

Tribal Treaty Rights and Permitting: Implications of the Cherry Point Coal Terminal Decision on Other Projects with Impacts on the Marine Environment

A detailed look at the arguments and the reasoning the Corps used in its recent denial of permits for the Terminal on the basis of interference with Tribal treaty rights

Richard H. Allan, Esq.
Marten Law PLLC / Portland, OR

Implications for other types of projects

Sara Anne Leverette
Stoel Rives LLP / Seattle, WA

5:00 pm

Adjourn Day 1

Agenda Day 2

Tuesday, November 15, 2016

8:30 am

Vesting: Implications of Snohomish County vs. Washington PCHB and Issues Pending before the Supreme Court

Environmental perspective

Tim Trohimovich, Esq. , Director, Planning & Law
Futurewise / Seattle, WA

Local government perspective

Laura C. Kisielius, Esq. , Lead Deputy Prosecuting Attorney
Snohomish County Prosecutor's Office / Everett, WA

Environmental regulations vs. land use controls; scope of federal preemption of Washington's vested rights statutes; best solutions moving forward

Heather L. Burgess, Esq.
Phillips Burgess PLLC / Olympia, WA

10:15 am


10:30 am

Update on the Cannabis Wars: The Continuing Debate Over Local Government Regulation of Marijuana Facilities

Current regulatory issues for the medical and non-medical regulatory schemes

Gerald Derevyanny, Esq. , General Counsel
Northwest Cannabis Solutions / Seattle, WA

11:15 am

The Renewed Emphasis on Design Review

Legal parameters for local regulations (e.g. void for vagueness); policy goals and ways in which jurisdictions are implementing them

Patrick J. Schneider, Esq.
Foster Pepper PLLC / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

Case Law Updates

Pollution Control Hearings Board and Shoreline Hearings Board

James A. Tupper, Jr., Esq.
Tupper Mack Wells PLLC / Seattle, WA

Growth Management Hearings Board

Nina L. Carter , Director
Environmental & Land Use Hearings Office / Olympia, WA

Land use decisions in the state courts

Richard Settle, Esq.
Foster Pepper PLLC / Seattle, WA

2:45 pm


3:00 pm

Practice Tips for Participation in Administrative Hearings

Dos and don'ts when practicing in front of a hearing examiner

Alison Moss, Esq.
Schwabe Williamson & Wyatt / Seattle, WA

3:30 pm

Ethical Issues for Land Use Practitioners

Susan Elizabeth Drummond, Esq.
Law Offices of Susan Elizabeth Drummond / Kirkland, WA

4:30 pm

Evaluations and Adjourn

Faculty Bios

Tadas A. Kisielius Tadas A. Kisielius , Program Co-Chair is a partner at Van Ness Feldman LLP. He represents public clients in drafting, adopting and defending regulations required by the Growth Management Act (GMA), the Shoreline Management Act (SMA), and the State Environmental Policy Act (SEPA)

Duana T. Kolouskova Duana T. Kolouskova Program Co-Chair is a partner at Johns Monroe Mitsunaga Kolouskova PLLC. She focuses on land use, environmental, municipal, construction, and real estate law, including permitting, local administrative processes and land development.

Richard H. Allan is the managing partner of Marten Law PLCC's Portland Office. He represents business owners and developers on environmental land use and natural resource issues for all phases of project development, including site selection and acquisition, permitting, development and operation.

Emily L. Alvarado is the Manager of Policy and Equitable Development for the City of Seattle - Office of Housing.

Heather L. Burgess is co founder of Phillips Burgess PLLC and represents property owners and developers in all phases of real estate development, from pre-acquisition due diligence through local permitting and appeals.

Nina L. Carter is Director of the Environmental & Land Use Hearings Office and a board member at the Washington State Growth Management Hearings Board.

Chuck Clarke is the Chief Executive Officer of Cascade Water Alliance. Previously, he served as the director of Seattle Public Utilities and before that as deputy mayor of Seattle.

Jessica M. Clawson is a partner at McCullough, Hill & Leary, PS. She focuses on land use law and issues for projects throughout the state of Washington.

Gerald Derevyanny is General Counsel for Northwest Cannabis Solutions. Previously, he was a partner at Adler Vermillion & Skocilich.

Susan Elizabeth Drummond , Law Offices of Susan Elizabeth Drummond PLLC, devotes her practice to land use and municipal issues. She advises on permit, regulation, and policy issues, and litigates these issues before administrative tribunals, and the superior, appellate, and federal courts.

Nicole R. Faghin , Coastal Management Specialist, Washington Sea Grant, is an experienced land use and environmental planner and lawyer specializing in coastal zone management and waterfront planning issues.

John V. Fox is Coordinator of the Seattle Displacement Coalition. He has worked on the development of legislation, including GMA and SEPA, that affect preservation of affordable housing in Seattle, especially laws requiring developers to pay relocation or replace housing they remove.

Traci M. Goodwin is Senior Port Counsel for the Port of Seattle, where she focuses on major capital projects throughout the area.

Adam Gravley is a partner at Van Ness Feldman, LLP. He practices environmental and water law with a focus on water resources development, transactions, civil litigation, and public policy.

Nicholas R. Harper is Senior Director of Strategy & Policy for the Master Builder's Association of King and Snohomish Counties. Previously, he was Director of the Office of Intergovernmental Relations at the City of Seattle and State Senator for the 38th Legislative District.

Laura C. Kisielius is Lead Deputy Prosecuting Attorney in the Environmental and Land Use Unit of the Civil Division, Snohomish County Prosecuting Attorney's Office. She advises on land use matters, including the Growth Management Act and the Shoreline Management Act.

Alison Moss is a shareholder at Schwabe Williamson & Wyatt. She helps private residential and commercial developers, contractors, local governments, ports and individuals navigate complex land use and dispute resolution issues throughout the Pacific Northwest.

Sarah Rees is Special A ssistant to the Director for Climate Policy at the Washington State Department of Ecology. Previously, she served in other capacities at the Department of Ecology and practiced law with Morrison Foerster LLP.

Patrick J. Schneider is a member of Foster Pepper's Land Use and Environmental Practice Group. He focuses on project permitting and project-related litigation on behalf of private and public clients.

Richard Settle is of counsel at Foster Pepper PLLC. He focuses on land use, environmental and municipal law and represents landowners, municipalities and citizen groups. He is professor emeritus at the Seattle University School of Law where he teaches land use, environmental, real property, and tort law.

Gary S. Stoyka is the Natural Resources Program Manager for the Whatcom County Public Works.

Tim Trohimovich is Director of Planning & Law at Futurewise. He review plans and development regulations and amendments for compliance with the Growth Management Act, smart growth principles, and organization policies and drafts and analyzes local and state legislation.

James A. Tupper, Jr. is a named partner at Tupper Mack Wells PLLC. He frequently represents clients in matters before the Environmental Hearings Office, including shoreline management, water rights, and NPDES permit appeals. Previously he was a member of the Pollution Control Hearings Board and the Shoreline Hearings Board.


Continuing Education Credits

Live credits: This program qualifies for 12.75 (Incl. 1 Ethics) Washington CLE credits and 12.75 AICP CM credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

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