RICHARD L. SETTLE
Of Counsel

Richard L. Settle

Dick has more than 50 years of experience assisting clients with matters related to land use, the environment and municipal law. His experience includes the representation of landowners, developers, municipalities and citizen groups in virtually all areas of state and local land use regulation before state and local agencies and trial and appellate courts.

Dick was also recently singled out by the highly-regarded Chambers USA legal directory, which annually interviews firm clients. In addition to a top-ranking of Foster Pepper's Land Use group, Chambers described Dick as “one of the leading lights of the land use community and such an expert that people go to him with any arcane question.”

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Activities

Washington State Department of Ecology, Advisory Committee on SEPA and Climate Change Impacts, 2008-Present

Washington State Climate Action Team SEPA IWG, Co-Lead, 2008-Present

Washington State Public Trust Doctrine Advisory Commission, Member, 1990-1992

Washington State Bar Association

  • Environmental and Land Use Law Section, Chair-elect, Chair and Past-Chair, 1983-1985
  • Executive Board, Environmental and Land Use Law Section, Member, 1978-1985
  • Environmental and Land Use Law Section Newsletter, Co-editor, 1978-1984

Private Sector Review Panel, Washington State Local Ordinance Study Commission Member, 1987-1988

Northwest Land Use Review, Editorial Advisory Board, Member, 1983-Present

Washington State Commission on Environmental Policy, Legal Technical Committee (review and revision of State Environmental Policy Act), Member, 1981-1983

 

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Publications

Richard Settle Testifies on Legal Ramifications of Global EIS for Coal Terminal

Co-Author, Foster Pepper News, January 2014

Ecology Requires Unprecedented Global SEPA Analysis

Co-Author, Foster Pepper News, August 2013

U.S. Supreme Court Decision Expands Scope of Takings Clause

Co-Author, Foster Pepper News, June 2013

Department of Ecology Adopts SEPA Rule Amendments, Effective January 28, 2013, Increasing the Levels of Certain Categorical Exemptions, as Required by 2012 Legislation

Co-Author, Foster Pepper News, January 2013

Foster Pepper Attorneys Dick Settle and Pat Schneider Appointed to Advise State on Increasing SEPA Exemptions and Revising Checklist

Co-Author, Foster Pepper News, August 2012

Governor Acts on Bill Amending Environmental and Natural Resource Laws

Co-Author, Foster Pepper News, May 2012

Legislature Amends Important Environmental and Natural Resource Laws

Co-Author, Foster Pepper News, April 2012

Supreme Court Sheds Light on Perils of Appealing a County’s Refusal to Amend its Comprehensive Plan

Co-Author, Foster Pepper News, March 2012

Court Clarifies SEPA Planned Action Provision that Expedites Sustainable Communities

Co-Author, Foster Pepper News, February 2011

SEPA and Climate Change Impacts: Report and Recommendations of the Climate Action Team

Author, Environmental & Land Use Law Newsletter, Vol. 36 Number 2, August 2009

Washington’s Court of Appeals Makes Important SEPA Review Ruling

Author, Foster Pepper News Alert, November 2006

Washington's Growth Management Revolution Goes to Court

Seattle University Law Review, Volume 23, Summer 1999, Number 1

Practical Magic

Foster Pepper Land Use & Environmental News, February 1998

Timing of the New SEPA Rules

Foster Pepper Land Use & Municipal News, December 1997

Decision in Excessive Land Use Regulation Upheld

Foster Pepper Real Estate & Land Use News, July 1997

State Supreme Court Narrowly Interprets SEPA, Appearance of Fairness, and Open Public Meetings Requirements in Upholding Permit for Regional Solid Waste Landfill

Foster Pepper Land Use & Municipal News, August 1996

The Growth Management Revolution in Washington: Past, Present, and Future

16 University of Puget Sound Law Review 867, 1993

Regulatory Taking Doctrine in Washington: Now You See It, Now You Don’t

12 University of Puget Sound Law Review 339, 1989

The Washington State Environmental Policy Act, A Legal and Policy Analysis

Butterworth Legal Publisher, 1987, 1990, 1992 Supplement

Washington Land Use and Environmental Law in a Nutshell

Washington State Bar News, May 1986

Washington Land Use and Environmental Law and Practice

Butterworth Legal Publisher, 1983

Potential Legal Facilitation or Impediment of Wind Energy Conservation System

58 Wash. L. Rev. 387 (with Kim R. York), 1983

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Presentations

Important Lessons from the Court: 2016 Land Use (and SEPA) Case Law Update 

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

Land Use Update

Speaker, Hearing Examiners Association of Washington, 2016 Annual Conference, October 2016

Land Use Law Update

Speaker, 2016 Environmental and Land Use Law Section Midyear Meeting & Conference, May 2016

Greenhouse Gas and Climate Change Considerations

Moderator, Permitting Strategies for Large, Controversial Projects in Washington State and the Northwest, The Seminar Group, October 2015

Case Update: Important Lessons from Recent Washington Cases

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

Arrested Development Becoming Un-Arrested: The Intersection of Land Use Law and Clean Water Law

Speaker, 15th Annual Comprehensive Conference on Clean Water and Stormwater, Law Seminars International, April 2015

The Most Important SEPA/NEPA Compliance, Litigation, And Policy Issues Confronting Land Use And Environmental Professionals Today

Co-chair and speaker, 12th Annual SEPA & NEPA Seminar, January 2015

Land Use Law Update

Speaker, WSBA 2014 Environmental and Land Use Law Section Midyear Meeting and Conference, May 2014

Effective Negotiating Strategies for Settling SEPA Disputes

Speaker, 11th Annual One-Day Seminar on SEPA & NEPA New Regulatory, Legal and Business Developments, January 2014

Update on the Department of Ecology Working Group on SEPA Rule Changes

Speaker, 22nd Annual Conference on Growth Management Act and Land Use: New Developments and Interrelationships Among the GMA, Land Use and Environmental Regulations, November 2013

Washington State Department of Ecology Scoping Decision

Presenter, American Association of Railroad Government Affairs,  September 2013

SEPA Reform Rule-Making

Presenter, Washington Chapter of American Planning Association Conference,  May 2013

Land Use Law Update

Speaker, 2013 Environmental and Land Use Law Section Midyear Meeting and Seminar, Washington State Bar Association,  May 2013

New amendments and on-going rulemaking, recent case law and guidance, practical tips for compliance

Speaker, Law Seminars International - Tenth Annual Seminar on SEPA & NEPA, January 2013

SEPA Update: New SEPA Exemptions/New Legislation — Early SEPA Review

Panelist, 2012 Land Use & Environmental Seminar,  October 2012

New Legislation for Land Use and Natural Resources

Panelist, New Legislation for Land Use and Natural Resources: Practical Implications of Recently Enacted Policies, May 2012

SEPA & NEPA: The Latest on Compliance from Developing Proposals Through Judicial Review

Co-Chair, Law Seminars International's Ninth Annual Advanced One-Day Workshop on SEPA & NEPA,  January 2012

’Top Ten’ Land Use Cases

Speaker, Land Use/Environmental Group Seminar,  May 2011

Is SEPA Still Vital, Or Is It Over The Hill?

Panelist, SEPA AT 40 – An AGO CLE Lite,  May 2011

SEPA & NEPA: The Latest on Compliance from Developing Proposals Through Judicial Review

Co-Chair, Law Seminars International's Eighth Annual Advanced One-Day Workshop on SEPA & NEPA,  January 2011

Settle's Ten: The Ten Greatest GMA Cases

Speaker, UW CLE - Land Use 2011: Law and Practice,  December 2010

Settle's Ten: The Ten Greatest Land Use Cases

Speaker, UW School of Law, Land Use 2010: Earth, Wind and Fire (and Water),  January 2010

Eighth Annual Advanced One-Day Workshop on Washington's State Environmental Policy Act (SEPA)

Program Co-Chair, Law Seminars International, January 2010

Knight v. City of Yelm: Water Availability and Ecology's Role in Local Land Use Decision Making

Speaker, LSI - Washington Water Law 2009, June 2009

Think Globally, Act Locally: Incorporating Climate Change Considerations into SEPA Process

Speaker, The 2009 Environmental and Land Use Law Section Midyear Meeting and Seminar, April 2009

Intersection of Climate Change, SEPA and Entitlements

Speaker, 2009 Real Estate & Land Use Seminar, April 2009

Addressing Climate Change Through the SEPA Process

Speaker, Planning Association of Washington 2009 Spring Conference, April 2009

Legislative Update on SEPA and Climate Change

Speaker, The Seminar Group, February 2009

SEPA Working Group Recommendations to the Climate Action Team

Speaker, SEPA & NEPA: The latest on Compliance from Developing Proposals Through Judicial Review, January 2009

Climate Change, SEPA, and Land Use Planning

Speaker, Northwest Environmental Business Council, November 2008

The Year’s Most Significant Land Use Court Decisions

Speaker, Hot Issues in Real Estate and Land Use Development, March 2007

Rural lands: What can we learn from Thurston County’s experience with initial adoption and recent updates to its Comprehensive Plan?

Speaker, Land Use in Washington: The Latest in Planning and Project Permitting, April 2007

SEPA Case Law Update

Speaker, SEPA/NEPA Workshop, Law Seminars International, January 2006

Designing SEPA Compliance for Major Essential Public Facilities

Presenter, Regulatory Requirement & Permitting of Essential Public Facilities, The Seminar Group, November 2004

Nonconforming Development, Vested Rights, and the Nykreim Case

Presenter, APA Annual Planning Law Conference, March 2003

What Does GMA Mean in 2000: GMA Case Law

Presenter, Growth Management Act 2000, September 2000

The Taking Issue and Federal and State Limitations on Land Use and Environmental Regulatory Burdens

Presenter, Environmental and Land Use Track of the National CLE Conference, January 1999

Trends in Land Use Decision Making From Washington State

Presenter, Washington Association of Hearing Examiners Conference, October 1998

Takings: Constitutional Limits on Governmental Regulations

Presenter, Land Use & Environmental Law CLE Conference, July 1997

Exploring the Uncharted Waters of Regulatory Takings

Presenter, ”The New Frontier of Takings Law and What it Means to You” presented by the University of Washington, School of Law, March 1995

Future Directions for Land Use Regulation and Takings Doctrine

Presenter, ”The Lucas Aftermath: Balancing Private Property Rights and Public Regulation of Land Use” presented by the University of California at Los Angeles, School of Law, December 1992

The Public Trust and Takings

Presenter, The Washington Public Trust Doctrine Symposium presented by Washington State Department of Ecology, November 1992

An Historical Overview of Growth Management in Washington

Presenter, Symposium on Growth Management presented by the University of Puget Sound Law Review, November 1992

The Limits of Land Use Regulation: The Private View

Presenter, Conflict in Growth Management presented by the Administrative Law Section of the Washington State Bar Association, October 1992

Taking Limitation on Environmental Regulation

Presenter, Conference on ”Takings After Lucas” presented by the Federalist Society, September 1992

Recent Developments in Constitutional Limitation on Environmental Regulation

Presenter, Environmental Law Conference presented by Executive Institutes, June 1992

Regulatory Takings and Substantive Due Process: The 1992 Washington Trilogy

Presenter, 1992 Convention of the Association of Washington Cities, June 1992

Regulatory Takings and Substantive Due Process Washington Style

Presenter, Annual Spring Conference of the Washington State Association of Municipal Attorneys, June 1992

Recent Developments in Land Use Litigation

Presenter, ”Rough Times and Regulations: Preserving the Environment in the 1990’s”, May 1992

Growth Management: GMA I and GMA II, a Progress Report

Presenter, Annual Fall Conference of the Washington State Association of Municipal Attorneys, October 1991

Recent Development in Land Use Case Law

Presenter, Hanging in the Balance, May 1991

Federal Wetlands Regulation

Presenter, Wetlands 1991, April 1991

Local Sensitive Area Regulation

Presenter, ”Wetland Sensitive Area Regulation," American Water Resource Association, November 1990

Washington Regulatory Taking Doctrine After Presbytery

Presenter, Annual Fall Conference of the Washington State Association of Municipal Attorneys, October 1990

Regulatory Taking Constraints on Sensitive Area Regulation

Presenter, The Regulation of Environmentally Sensitive Areas, October 1990

Regulatory Taking Doctrine in Washington: Now You See It, Now You Don’t

Presenter, ”Growth: Is Anyone in Charge?” May 1990

Analysis or Orion Corp. v. State

Presenter, Environmental and Land Use Law Section of the Washington State Bar Association, January 1988

Developer Exactions

Presenter, 1987 Annual Meeting of Washington State Association of Sewer Districts, November 1987

The Impact of Nollan on Public Access to Shorelines

Presenter, Public Access Conference sponsored by Washington Department of Ecology, September 1987

Recent Developments in the Public Trust Doctrine and Regulatory Takings

Presenter, State Department of Ecology, June 1987

The U.S. Supreme Court and Regulatory Takings and Municipal Liability for Land Use Regulatory Conduct

Presenter, Association of Washington Cities, June 1987

The Legal Limits of Development Fees and Recent Developments in Land Use and Environmental Law

Presenter, Thirtieth Annual Meeting of the Washington State Association of Municipal Attorneys, June 1987

Washington Land Use Law - the Climate for Legislative Reform

Presenter, Land Use Committee of the Washington Environmental Council, December 1986

Development Fees: Legal Authorities and Limitation

Presenter, ”Development Fees: The Legal Authority, Limitations and Practical Techniques," December 1986

History and Current Legal Status of Public Trust Doctrine in Washington

Presenter, ”The Public Trust Doctrine: Protecting Washington’s Natural Heritage," November 1986

Bases of Land Use Law

Presenter, Land Resources: Public and Private Control Seattle, October 1986

Land Use and Environmental Law

Chair and Speaker, one-half day program for the 1985 Washington Judicial Conference, August 1985

Tort Laws and Reform

Speaker, Alaska Judicial Conference, May 1985

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Chambers described Dick as “the leading scholar in land use” and noted for his “vast experience in land use laws and regulations.” - Chambers USA

Land Use, Planning & ZoningEnvironmental & Natural ResourcesEnvironmental LitigationInfrastructure

Contact

Tel: 206.447.8980Fax: 206.749.2011

Recognition

Chambers USA Leading Individual, Real Estate Law: Zoning/Land Use, 2009-2018

Association of Washington Business, Heavy Lifter Award, 2013

2010 Top Lawyer, Seattle Metropolitan magazine

Top Lawyers in Washington, Environmental/Natural Resources, Washington CEO, 2008

Washington Super Lawyer list, 2002-2006

Phi Beta Kappa

Phi Delta Phi

Martindale-Hubbell AV rating

Education

J.D., University of Washington School of Law, 1967

B.A., University of Washington (magna cum laude), 1964

Bar Admissions

Washington, 1967

Experience

Foster Pepper PLLC, Of Counsel, 1986-Present

Seattle University School of Law, Professor of Law, 1972-Present

University of Puget Sound, Assistant and Associate Professor, 1968-1972

Legal Consultant, 1972-1985

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