Michael A. Nesteroff

Michael A. Nesteroff

Lane Powell PC

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Washington State Court of Appeals Holds Vested Permit Applications Are Not Subject to New Municipal Stormwater Requirements

The development community won a victory in Division Two of the Washington State Court of Appeals in a ruling that excludes pending permit applications from the new low-impact development stormwater regulations that large...more

1/27/2016 - Environmental Litigation Land Developers Pollution Control Board Storm Water Stormwater Discharge Permits Vested Rights Doctrine

Stormwater Permits Are Not One Size Fits All

It’s rare for a stormwater lawsuit to result in a court decision since most settle in the early stages, but a ruling by U.S. District Court Judge John C. Coughenour in the Western District of Washington provides useful...more

12/11/2015 - Clean Water Act Industrial Storm Water Permit NPDES Stormwater Discharge Permits Vessels

Washington State Department of Ecology Starts Rulemaking Process for Regulating Carbon Emissions

The Washington State Department of Ecology (Ecology) has taken the first steps toward new rules for reducing emissions of carbon dioxide and other greenhouse gases by proposing to adopt a new Clean Air Rule and amend two...more

9/23/2015 - Administrative Procedure Act Air Pollution Air Quality Standards Carbon Emissions Climate Change Executive Orders Governor Inslee Greenhouse Gas Emissions Public Comment Rulemaking Process

Your Contract May Not Be as Confidential as You Think: Another Lesson in Safeguarding Trade Secrets in Government Procurement

For a second time this year, the Washington Court of Appeals has rejected claims that pricing and other information contained in contracts between private companies and government agencies are trade secrets not subject to...more

12/1/2014 - Cable Television Providers Federal Contractors Popular Public Procurement Policies Public Records Act Trade Secrets

Oregon’s Statute of Repose May Block Common Law Environmental Claims

Oregon’s 10-year statute of repose may now play a bigger role in environmental lawsuits in the wake of the U.S. Supreme Court’s ruling that the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),...more

7/16/2014 - CERCLA CTS Corp v Waldburger Environmental Policies Statute of Repose Superfund

New Rules Provide for More Detail in Phase I Environmental Site Assessments

Doing environmental due diligence in order to come within the “all appropriate inquiry” safe harbor under federal and many state environmental statutes has become a necessary component of the underwriting process for...more

3/6/2014 - Due Diligence Environmental Assessments Environmental Policies EPA

Measuring Energy Use - The new era of building benchmarking is here. Are you ready?

The state of Washington and the City of Seattle are among the pioneers in requiring that building owners track and report energy performance — known as benchmarking — and disclose that data to potential buyers, renters or...more

11/1/2013 - Benchmarking Energy Energy Efficiency

California Cap and Trade to Launch End of the World, Brave New World or Carbon Tax?

Six years after then-Gov. Arnold Schwarzenegger signed the California Global Warming Solutions Act, also known as AB 32, the California Air Resources Board (CARB) holds its first auction of emissions allowances on November...more

11/14/2012

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