Law Seminars International Presents:

The 26th Annual Comprehensive Conference on

GMA and Land Use

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

November 15 & 16, 2018

Seattle, WA

Download PDF Brochure
Seminar Image

Program Overview

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

Land use planning and adoption of development regulations in Washington State is governed by the Growth Management Act, a comprehensive and wide-ranging statute that guides cities and counties in their local planning choices and requires consideration of multiple issues. It influences all long range planning decisions, but also can be traced through to individual project approvals. Even though it was adopted more than two decades ago, issues of interpretation and implementation continue to evolve and new disputes over different issues arise. Each year, we design this program to address current and developing topics of heightened interest related to the State's central land use statute. Our speakers are recognized experts in their fields and will offer a wide range of perspectives. We invite you to attend this conference to hear insights from them on priority topics of the moment and perspectives on what lies ahead.

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

What You Will Learn

  • ~ Demographic forecast
  • ~ Buildable lands plan update
  • ~ Upzoning and increasing urban densities
  • ~ Stormwater planning
  • ~ Water services outside UGAs
  • ~ GMA & Tribal environmental quality rights
  • ~ Transporation sector carbon reduction
  • ~ Carbon reduction in project review
  • ~ Common Interest Community Act
  • ~ Vesting update
  • ~ FCC preemption of local land use regulations
  • ~ Annual case law updates
  • ~ Ethics for land use practitioners

What Attendees Said

  • "The range of speakers was really good. Presentations started and ended on time. Much appreciated."
  • "Great selection of speakers-all very knowledgeable."
  • Most speakers provided legal context and framed presentation to contemporary issues + planning practice.
  • "Great program"
  • "Well organized"

Agenda Day 1

8:00 am

Registration Opens

8:30 am

Introduction & Overview

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

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

8:45 am

Growth Projections and Development Pressures

The rebounding economy in recent years has increased growth pressures, but what is the consensus forecast for the foreseeable future? How are the major ongoing issues that affect growth evolving?

Kathleen S. Sims, Esq. , Executive Director
Master Builders Association of King and Snohomish Counties / Bellevue, WA

9:30 am

Buildable Lands Update

What can we expect from Commerce's upcoming update? What areas are Clark, King, Kitsap, Pierce, Snohomish, and Thurston counties designating for Buildable Lands?

Mark McCaskill, AICP , Managing Director, Growth Management Services
Washington State Department of Commerce / Olympia, WA

10:15 am

Break

10:30 am

Upzoning and Increasing Urban Densities

The tension between use of up-zones, increased densities, and infill projects to manage population growth vs. efforts to preserve neighborhood character, critical areas, and historical structures: Case studies and tips for dealing with those situations

Julie K. Ainsworth-Taylor, Esq. , Assistant City Attorney
City of Shoreline / Shoreline, WA

Geoffrey M. Wentlandt , Senior Planning Manager
Seattle Office of Planning and Community Development / Seattle, WA

Claudia M. Newman, Esq.
Bricklin Newman / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

New Developments at the Intersection of Land Use Planning and Stormwater Management

The recent draft Municipal General Stormwater permit: Continuation of a trend towards greater integration between land use controls and stormwater regulations

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

Sophia Ressler, Esq. , Staff Attorney
Puget Soundkeeper / Seattle, WA

2:15 pm

Planning for Water Services Outside Urban Growth Areas: SSB 6091 and the Ronald Wastewater GMHB Decision

Navigating the distinction between "urban" and "rural" services under the GMA; County GMA planning obligations for water system plan approvals

H. Ray Liaw, Esq.
Van Ness Feldman / Seattle, WA

3:00 pm

Break

3:15 pm

Integration of Tribal Environmental Quality Rights into the State/Local Government Land Use Planning/Decision Making Process

The US Supreme Court's 4-4 split in the Culverts Case: The state and local government obligations arising from the 9th Circuit's decision on Tribal Treaty Rights for stream flows for fish

John Sledd, Esq.
Kanji & Katzen / Seattle, WA

Special issues for off-reservation projects with potential impacts on Tribal fishing or other rights

Will Honea, Esq. , Senior Attorney
Skagit County Prosecuting Attorney's Office / Mount Vernon, WA

Tribal consultation requirements in federal, state, and local permitting

Richard A. Du Bey, Esq.
Ogden Murphy Wallace / Seattle, WA

5:00 pm

Adjourn Day 1

Friday, November 16, 2018

8:30 am

Common Interest Community Act: Condo Regulations Layered Onto Subdivisions

A detailed look at Washington's new Common Interest Communities Act, areas where it could use some tweaking, and the prospects for legislation to do that

Vicki E. Orrico, Esq.
Johns Monroe Mitsunaga Kolouskova / Bellevue, WA

9:00 am

Vesting

Perspectives on what rules should apply when a developer seeks to dust off a project that has been sitting on the shelf: Implications of the Court of Appeals Decision in RMG Worldwide vs. Pierce County

Cort O'Connor, Esq.
Pierce County Prosecutor's Office / Tacoma, WA

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

Heather Burgess, Esq.
Phillips Burgess / Olympia, WA

10:30 am

Break

10:45 am

Washington's Carbon Reduction Policy Goals for the Transportation Sector

State-level initiatives and policy priorities moving forward

Karin Landsberg , Senior Policy Specialist - Air Quality and Energy
Washington State Department of Transportation / Olympia, WA

11:15 am

Implementing Washington's Carbon Reduction Policy Goals in Project Review

The shifting legal landscape re a local government's obligation to assess a project's potential greenhouse gas emissions: Recent cases; Ecology's withdrawal of its SEPA Guidance on Greenhouse Gas Emissions; prospects for new guidance or legislative action

Jenna R. Mandell-Rice, Esq. , Moderator
Van Ness Feldman / Seattle, WA

Diane Meyers, Esq.
Northwest Resource Law / Seattle, WA

Erin L. Anderson, Esq.
Stoel Rives / Seattle, WA

12:15 pm

Lunch (on your own)

1:15 pm

Federal Preemption of Local Land Use Regulations on the Use of Rights of Way for Telecommunications and Personal Wireless Services

Update on and implications of the FCC's Recent Order on "Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment"

Elana Zana, Esq.
Ogden Murphy Wallace / Seattle, WA

2:00 pm

Case Law Developments

Case law: Review of recent reported court decisions

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

Administrative: Review of notable recent decisions of the Growth Management Hearings Board, Shorelines Hearings Board, and Pollution Control Hearings Board

G. Richard Hill, Esq.
McCullough Hill Leary / Seattle, WA

3:15 pm

Break

3:30 pm

Ethical Issues for Land Use Practitioners

Special issues arising in practice before administrative regulatory bodies

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. He helps private clients and public port districts secure and defend state and federal environmental permits and local land use approvals.

Duana T. Kolouskova, Duana T. Kolouskova, Program Co-Chair, is a Partner at Johns Monroe Mitsunaga Kolouskova. She represents developers in all aspects of land use law.

Jenna R. Mandell-Rice, Jenna R. Mandell-Rice, Moderator, Van Ness Feldman, helps clients navigate complex regulatory, permitting, enforcement and litigation matters under a range of environmental statutes, including the Federal Power Act, the Washington State Environmental Policy Act (SEPA), National Environmental Policy Act (NEPA), Endangered Species Act (ESA), Clean Water Act (CWA), and Safe Drinking Water Act (SDWA).

Julie K. Ainsworth-Taylor Julie K. Ainsworth-Taylor is Assistant City Attorney for City of Shoreline. She previously served as a Staff Attorney for the Growth Management Hearings Boards and as a Land Use Hearing Examiner for various cities and counties.

Erin L. Anderson Erin L. Anderson is a Partner at Stoel Rives. She advises clients in permitting, developing, constructing and operating major capital facilities.

Heather Burgess, Heather Burgess, a partner at Phillips Burgess, represents property owners and developers in all phases of real estate development.

Susan Elizabeth Drummond, Susan Elizabeth Drummond, Law Offices of Susan Elizabeth Drummond, works on virtually every facet of land use law from permitting to litigation.

Richard A. Du Bey Richard A. Du Bey is a Member of Ogden Murphy Wallace. He focuses on environmental and natural resources law and tribal government matters.

G. Richard Hill, G. Richard Hill, McCullough Hill Leary, assists private and public sector clients in obtaining governmental approvals.

Will Honea is a Senior Attorney in the Skagit County Prosecuting Attorney's Office.

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.

Karin Landsberg Karin Landsberg is Senior Policy Specialist - Air Quality and Energy at the Washington State Department of Transportation.

H. Ray Liaw H. Ray Liaw is a Partner at Van Ness Feldman. She provides strategic land use counsel to both public and private-sector clients.

Mark McCaskill, AICP, Mark McCaskill, AICP, is Managing Director, Growth Management Services of the Washington State Department of Commerce.

Diane Meyers, Diane Meyers, Northwest Resource Law, has broad experience representing and advising clients on environmental regulations and land use questions.

Claudia M. Newman Claudia M. Newman is a Partner at Bricklin Newman. She has extensive litigation experience in the fields of environmental and land use law.

Cort O'Connor Cort O'Connor is a deputy prosecuting attorney assigned to the civil division of the Pierce County Prosecuting Attorney's Office.

Vicki E. Orrico, Vicki E. Orrico, Johns Monroe Mitsunaga Kolouskova, has taken a leading role in preparing clients to comply with the new Washington Uniform Common Interest Ownership Act.

Sophia Ressler Sophia Ressler is a Staff Attorney for Puget Soundkeeper. She co-authored an in-depth review of low impact development compliance under the Municipal Stormwater Permit for all Puget Sound municipalities.

Richard L. Settle Richard L. Settle is Of Counsel to Foster Pepper. He currently serves on the Department of Ecology, Advisory Committee on SEPA and Climate Change Impacts.

Kathleen S. Sims Kathleen S. Sims is the Executive Director of the Master Builders Association of King and Snohomish Counties.

John Sledd John Sledd is Of Counsel at Kanji & Katzen and focuses on Indian Law. He previously served as Tribal Attorney for the Suquamish Tribe.

Tim Trohimovich Tim Trohimovich is the Director of Planning & Law for Futurewise.

Geoffrey M. Wentlandt Geoffrey M. Wentlandt is a Senior Planning Manager in the Seattle Office of Planning and Community Development.

Elana Zana Elana Zana is a Member at Ogden Murphy Wallace where she advises municipalities on a broad range of telecommunications related matters.

Continuing Education Credits

Live credits: This program qualifies for 13.00 (1 ethics included) WA MCLE credits, 13:00 AICP planner credits, and 13:00 ABCEP environmental professional credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Ordering