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Endre M. Szalay

Associate
+1.206.370.6744
Fax +1.206.623.7022
Endre Szalay is an associate in the environment, land and natural resources group in the Seattle office. Mr. Szalay assists a broad range of clients, including public entities, utilities, small businesses, and large corporations, in developing compliance strategies to solve complex problems. His practice focuses on compliance counseling under the full suite of environmental statutes, with an emphasis on the Clean Water Act (CWA); National Environmental Policy Act (NEPA) and state equivalents; Endangered Species Act (ESA); and the Comprehensive, Environmental Response, Compensation and Liability Act (CERCLA) and state equivalents.

Mr. Szalay is also a member of the firm’s top-ranked environmental litigation practice, and has assisted clients in complex litigation ranging from claims under core environmental statues and the Administrative Procedure Act to constitutional causes of action.

Prior to joining K&L Gates, Mr. Szalay was assistant regional counsel for the U.S. Environmental Protection Agency (EPA) Region 10 where he worked on complex environmental enforcement, civil defensive litigation, permitting matters, and regulatory counseling involving water quality standards among other issues. Mr. Szalay was Region 10’s Senior Water Enforcement Attorney, handling enforcement actions under the CWA and Safe Drinking Water Act. He served as Region 10’s lead attorney for CWA jurisdictional issues, including waters of the United States rulemaking, and mining-related issues.

Achievements

During his tenure at the EPA, Mr. Szalay earned several agency awards, including the Gold Medal for Exceptional Service and multiple Bronze Medals for Commendable Service.

Professional/Civic Activities

  • ELI - Law of Environmental Protection, Clean Water Act, contributor/editor
  • Washington State Bar Association, Environmental and Land Use Section

Speaking Engagements

  • “Clean Water Act Update,” K&L Gates, September 30, 2015
  • “Defining Waters of the United States: To What Extent Will the New Rules Change EPA/Corps Jurisdiction,” Wetlands in Washington, Law Seminars International, October 19, 2015
  • "EPA’s ‘Waters of the U.S.’ Rule: What does it mean and what’s next,” Idaho Water Users Association 32nd Annual Water Law and Resources Seminar, November 19, 2015
  • “Federal Jurisdiction Over Waters and Wetlands as the Story of the Year for Water Quality,” Clean Water and Stormwater Conference, Law Seminars International, April 18, 2016
  • “Wetlands Regulation and Defining Waters of the US: What to expect from Region 10,” Clean Water and Stormwater Conference, Law Seminars International, June 22, 2017
  • “Solar & Wind Project Development: Navigating Risk and Seizing Opportunity,” Northwest Business Council’s (NEBC) Energy Workshop hosted by K&L Gates, June 7, 2018
  • “The Federal Policy Backdrop for Water Quality in Washington,” Clean Water and Stormwater Conference, Law Seminars International, August 16, 2018
  • “Initiative 1631: Will this be the Year for a Carbon Price in Washington?,” Energy Leadership Summit 2018, NEBC and CleanTech Alliance, October 30, 2018

Additional Information

Publications
  • “Breathing Life into the Dead Zone: Can the Federal Common Law be Used to Control Nonpoint Source Water Pollution?,” 85 Tul. L. Rev. 215, 2010
  • Defending businesses and individuals in civil and criminal enforcement under the CWA
  • Developing compliance strategies for CWA National Pollution Discharge Elimination System permits and pollution prevention plans
  • Counseling clients on state and federal rules and policies regarding water quality, including TMDLs, water quality standards, variances, and compliance schedules
  • Advising clients on environmental due diligence for acquisition of solar projects
  • Supporting clients in negotiating settlements for complex marine sediment cleanup actions under CERCLA and the Model Toxic Control Act
  • Advising wind energy clients on compliance issues under ESA, the Migratory Bird Treaty Act, and Bald and Golden Eagle Protection Act
  • Advising a Class I Railroad on the Interstate Commerce Commission Termination Act and preemption issues related to state and local environmental requirements
  • Supporting clients in negotiating settlement agreements and consent decrees related to CERCLA response costs and Natural Resource Damages claims
    • Advising timber companies with compliance matters involving the Forest Practices Act and coordination with Department of Natural Resources (DNR) and Department of Archaeology & Historic Preservation (DAHP)
  • Advising developers on property acquisitions through phase I and phase II environmental site assessments
  • Counseling clients issues related to Native American treaty rights
  • Supporting project investors on environmental permitting and review analyses
  • Supporting clients in administrative hearings/adjudications before the Shorelines Hearings Board and Pollution Control Hearings Board
  • Supporting clients in judicial litigation in both state and federal court on a range of environmental and public policy issues