Joseph A. Brogan

Joseph A. Brogan

Joe is chair of the firm’s Land Use, Planning & Zoning and Water Rights practices and has more than 25 years of experience in local, state, and federal permitting, enforcement matters and water rights. Joe puts his past experience working for city and county agencies and EPA Region 10 to work for his clients and delivers cost-effective legal services that produce results. He works closely with consultants, developers, lenders, real estate investors and agency officials to achieve the client’s objectives. Joe has served under two gubernatorial administrations as Regulatory Performance Advisor to the Washington State Department of Ecology.

He is one of the leading water rights lawyers in Washington state, providing strategic advice, permitting, and litigation support to water purveyors, public utility districts, ports, industry clients and private property owners. Joe represents clients in administrative appeals and in state and federal court on a wide range of water rights and water resource matters.

Joe’s clients include: Costco Wholesale, Inc.; Safeway Inc.; Port of Tacoma; Pierce County; King County Department of Natural Resources; King County Facilities Management Division; Skagit PUD; Asotin PUD; City of Anacortes; ICON Materials; Goodman Real Estate; Vulcan, Inc.; Beacon Capital Partners; Swedish Hospital; Harborview Medical Center; Virginia Mason Hospital & Medical Center; Triad Development; Seattle Pacific University; Madison Marquette; City of Renton; Klickitat County; Skamania County; Spokane County; City of White Salmon; Wright Runstad & Co.; City of Yelm; Olympic Property Group; Griffin Capital Corporation; and Green Diamond Resources Company.

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Governor’s Regulatory Performance Advisory Committee for the Department of Ecology Regulatory Reform Initiative, Member, 2002-2014

Washington State Dept. of Ecology Water Resources Advisory Committee

American Bar Association

American Water Resources Association

King County Bar Association


Significant Water Rights Bill Passes, Alters State Supreme Court RUlings in Hirst and Foster Cases

Author, Foster Pepper News Alert, January 2018

Three Cases Create New Challenges to Secure Water Supply for Development

Co-author, Foster Pepper News Alert, November 2016

Pollution Control Hearings Board Clarifies Use of Overriding Consideration of Public Interest Statute

Author, Foster Pepper News Alert, March 2013

Department of Ecology Adopts New State Water Quality Standards

Author, Foster Pepper News Alert

Governor Signs Critical Water Legislation Benefiting Municipalities

Author, Foster Pepper News Alert

FP Attorneys Obtain Approvals For New Safeway Facility in Auburn

Author, Foster Pepper Land Use & Environmental News

Ecology Seeks to Reinvent Itself Under Regulatory Reform Initiative

Author, Foster Pepper Land Use & Environmental News

Frequently Asked Questions About the Endangered Species Act

Author, Foster Pepper Bulletin

Reader Alert: Effective Date of Final 4(d) Rule Fast Approaching

Author, Foster Pepper Land Use & Environmental News

Final 4(d) Rule Prohibits "Take" or "Harm" of Threatened Salmon Species; Governmental and Private Development Activities Impacted

Co-author, Foster Pepper Land Use & Municipal News

Municipalities Have Options Regarding ESA Compliance

Co-author, Foster Pepper Land Use and Municipal News

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New Developments in Water law and the hirst decision

Speaker, Tri-Cities Municipal Government & Public Finance Seminar, July 2018

intro to washington water law

Speaker, KCBA Environmental & Land Use Section CLE & Networking Social, April 2018

Impacts of the Hirst Decision

Speaker, Foster Pepper 2017 Real Estate/Land Use Briefing: Essential Industry Updates, November 2017

Water Availability for New Development

Speaker, Foster Pepper 2016 Real Estate/Land Use Briefing: Essential Industry Updates, November 2016

New City of Seattle Shoreline Master Program

Speaker, Foster Pepper 2015 Land Use/Real Estate Briefing: Essential Industry Updates, October 2015

Wetland Mitigation – Advance Mitigation, Banking, and Strategies for Making it Work

Speaker, Northwest Environmental Business Council (NEBC) Meeting, June 2015

Water Rights Issues Affecting Water Supply

Speaker, 37th Annual Washington Operator Workshop, March 2015

Foster Pepper 2014 Land Use/Real Estate Briefing: New Regulatory Developments and their Impact on the Future of Land Use and Real Estate

Speaker, November 2014

  • Shoreline Master Programs
  • City of Seattle Regulatory Update

Application of Overriding Considerations of the Public Interest Statute

Speaker, Washington State Association of Municipal Attorneys Fall Conference, October 2014

Other New State & Federal Regulatory Developments

Speaker, Wetlands in Washington: Evolving Regulations, Opportunities, and Best Practices, October 2013

Use of the OCPI (Overriding Consideration of Public Interest) Exception for Revisiting Established Minimum Flows for Fish

Co-Presenter, Law Seminars International Tribal Water in the Pacific Northwest Conference, July 2013

Permitting Marinas and Boatyards: 2012 Regulatory Developments

Speaker, Northwest Marina & Boatyard Conference, November 2012

Update on the New Nationwide Permits: Developments arising from the U.S. Army Corps of Engineers 2012 adoptions

Speaker, 12th Annual Seminar on Wetlands in Washington: Evolving regulations, opportunities, and best practices, October 2012

Expert Panel Discussion: 2012 Residential & Commercial Update

Panelist, 2012 Land Use & Environmental Seminar, October 2012

Municipal Stormwater - Key Issues, Tips and Traps

Co-Presenter, December 2011

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Land Use, Planning & ZoningEnvironmental & Natural ResourcesEnvironmental LitigationInfrastructureMunicipal GovernmentNative AmericanPortsReal EstateRetail & Consumer ProductsTransportationWater Rights (Chair)Wine, Beer & Spirits


Tel: 206.447.6407Fax: 206.749.1935


Rising Star, Washington Super Lawyers list, 2002-2010

United States Environmental Protection Agency, Region 10, Water Resources, Research Fellow

Broome County Association Scholarship for Academic Achievement & Community Service, Recipient

Dean’s Academic Scholarship, Seattle University School of Law, Recipient


J.D., Seattle University School of Law (cum laude)2000

Master of Public Administration, University of Washington, 1990

B.A., State University of New York-Binghamton, 1987

Bar Admissions

Washington, 2000

U.S. District Court

  • Western District of Washington, 2010

9th Circuit U.S. Court of Appeals


Foster Pepper PLLC

  • Member, 2007-Present
  • Associate, 2000-2007

United States Environmental Protection Agency Region 10, Office of Regional Counsel, Legal Research Fellow, 1999-2000

King County Department of Natural Resources, Water and Land Resources Division, Program Coordinator, 1992-1997

City of Seattle Department of Construction and Land Use, Code Development and Community Relations Division, Planning and Development Specialist, 1990-1992

City of Seattle Office for Long Range Planning, Environmental Planner, 1989-1990

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