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Our Commitment to Diversity

REPRESENTATIVE EXPERIENCE

Molly K. Barker

CARBON

Assists in the environmental and regulatory permitting due diligence phase of corporate transactions for solar facilities, waste and recycling facilities, and other corporate operations.

ENERGY

Counsel fusion energy developer on lobbying efforts associated with the development of federal regulations on fusion.
Counsel fusion energy developer on state regulatory parameters on fusion.
Advise solar developer on local land use laws impacting siting of solar farm project.

Counsel wind energy developer on requirements for turbine development in Mississippi State.

Counsel electric power company regarding hydroelectric dam licensing and permitting matters with the Federal Energy Regulatory Commission.
Advise wind energy developer on bald eagle permitting issues arising under the development of multiple wind farms in Ohio State, and assist in administrative permitting proceeding in front of state power siting board.
Assist in advising on and developing solar power purchase agreements and related associated leases and financing documents associated withrelating to procuring power for both on- and off-site solar power transactions
Lawsuit in front of City of Seattle hearing examiner regarding permitting of offshore oil platform to dock.

AGRIBUSINESS, AQUACULTURE & FOREST PRACTICES

Assist clients in negotiation with regulators on aquaculture permitting requirements under the Rivers and Harbors Act.

Assist agribusiness and agricultural clients to evaluate and secure water rights and water resources.

Assist agribusinesses on policy initiatives surrounding endangered salmon population recovery efforts.
Assist multiple timber companies on endangered species conservation planning and other environmental matters related to its forested lands.

ENVIRONMENTAL

Assists in the environmental and regulatory permitting due diligence phase of corporate transactions for solar facilities, waste and recycling facilities, and other corporate operations.
Assist municipality in negotiating with regulators in resolving Clean Air Act violations occurring at its municipal landfill.
Assist agricultural client with resolving breach of lease claims against prior lessee through arbitration relating to violations of the Federal Insecticide, Fungicide, and Rodenticide Act; Pesticide Control Act, Hazardous Waste Management Act, and Resource Conservation and Recovery Act.

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.

PUBLIC HEALTH

Advise medical research and testing companies on continued medical research, vaccine production, and diagnostic testing operations under state and local “shelter-in-place” orders during COVID-19 pandemic.
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