REPRESENTATIVE EXPERIENCE
Molly K. Barker
CARBON
ENERGY
Counsel wind energy developer on requirements for turbine development in Mississippi State.
AGRIBUSINESS, AQUACULTURE & FOREST PRACTICES
Assist agribusiness and agricultural clients to evaluate and secure water rights and water resources.
ENVIRONMENTAL
Advised fuel distributor client on regulatory compliance issues surrounding the Stormwater Pollution Prevention Plan implementing regulations under the Clean Water Act and assisted in negotiating a settlement on behalf of fuel distributor with a citizen group to resolve violations of those regulations.
Counseled a fuel distributor on regulatory compliance issues surrounding the Spill Prevention, Control, and Countermeasures implementing regulations under the Clean Water Act and assisted in negotiating a Consent Decree and penalty payment on behalf of the distributor with the U.S. EPA to resolve violations of those regulations.
Assisted in mediating and obtaining a favorable settlement for a dry-cleaner in defense of a cost recovery claim made by a municipality after it condemned a portion of the dry cleaner’s property during a road-widening project wherein it encountered hazardous substances attributable to dry-cleaning operations. This involved successfully securing both indemnity insurance coverage to compensate the dry cleaner for the deduction in “just” compensation received from the municipality as a result of its condemnation of contaminated property, and successfully securing defense insurance coverage for completing the remedial investigation and feasibility study of the site even after the municipality's cost recovery action had been settled.
Successfully structured real estate lease of contaminated properties to mitigate the risks associated with the contamination, and advised prospective buyers and lenders relating to the risks associated with the purchasing of, or lending on, contaminated properties for the development of projects.
On behalf of multiple landowners and real estate developers, assisted in successfully obtaining regulatory closure of petroleum and solvent sites throughout Washington and recovering remedial action costs from liable parties as a result of brownfield redevelopment projects.
Cost recovery against former dry cleaning operator on behalf of developer.
Evaluated arranger liability for tugboat vessel at Portland Harbor Superfund Site.
On behalf of a subsidiary to a publicly traded utility company, assisted in the remedial investigation and evaluation of potential cost recovery strategies, and in insurance defense for a multi-million dollar legacy manufactured gas plant site subject to an Agreed Order on Consent overseen by the U.S. EPA.
Represented a Washington municipality in developing a funding and allocation strategy to remediate a landfill formerly owned and operated by the municipality that is subject to an Agreed Order overseen by the Washington State Department of Ecology.
Cost recovery lawsuit for remediation of cleanup from leaking heating oil pipes for mobile home development in Alaska.