Practice

James advises clients on environmental matters where legal questions intersect with technical, regulatory, and business considerations.

01

Cleanup Strategy

James guides clients through contaminated-site cleanups under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), Washington’s Model Toxics Control Act (MTCA), and related environmental laws and regulations.

His work includes:

  • Advising on hazardous substance release reporting requirements and initial site investigations

  • Negotiating administrative orders and consent decrees for site investigation and cleanup, and advising on their implementation

  • Advising throughout the cleanup process, including when and how to involve other responsible parties, selecting appropriate administrative pathways, and evaluating cleanup levels and remedy options

  • Preparing for cost recovery and contribution by ensuring appropriate notifications are made and documentation is preserved

  • Negotiating, drafting, and recording environmental covenants to clarify and minimize post-cleanup site-use restrictions

02

Cost Recovery & Contribution

James represents clients in disputes over responsibility for environmental contamination and cleanup costs. He combines a strong command of the law with a close understanding of site-specific facts to develop effective cost recovery and contribution strategies.

His work includes:

  • Representing potentially responsible parties (PRPs) in Superfund cost contribution proceedings in federal court and private allocation matters, including sites with cleanup costs of $1 billion or more

  • Negotiating, drafting, and implementing settlements among PRPs at federal and state cleanup sites

  • Representing clients in mediations involving disputed cleanup costs

03
Environmental Risk in Transactions

James advises clients on environmental issues arising in real estate and corporate transactions, helping them identify potential liabilities and address environmental risks and cleanup costs before a transaction closes.

His work includes:

  • Conducting environmental due diligence and providing practical, timely advice based on the findings

  • Advising on the acquisition and disposition of contaminated properties and negotiating environmental terms for those transactions

  • Negotiating and drafting environmental releases, indemnities, representations and warranties, and cost-contingency and payment mechanisms

  • Analyzing brownfield site status for renewable energy projects in connection with federal Inflation Reduction Act energy community tax benefits