Ken provides counseling and litigation support on environmental issues in real estate transactions and property redevelopment.
A former Assistant Attorney General for the Washington State Department of Ecology, Ken has successfully facilitated the remediation and redevelopment of dozens of contaminated properties. Ken helps developers, businesses, and landowners with due diligence reviews and site investigation/remediation strategies, as well as with negotiating contractual provisions and transactional indemnities regarding environmental liability. Ken is also an experienced first-chair trial attorney, with a strong background in federal and state hazardous waste cost-recovery litigation and natural resource damage litigation.
- American Bar Association, Member
- Environmental & Land Use Law Section
- King County Bar Association, Member
- Environmental Law Section, Co-Founder and Inaugural Chair
- Society of Industrial and Office Realtors, Member, 2018-Present
- Washington State Bar Association, Member
- Environmental & Land Use Law Section, Editorial Board
- Downtown Seattle Association (DSA), Board of Directors, 2014-present
- General Counsel, 2017-present
- Leadership Tomorrow, Class of 2007
- Washington Conservation Voters
- Board Chair, 2009-2010
- Executive Committee Member, 2008-present
- King County Chapter Board Chair, 2004-2005
- Washington Environmental Council
- Board Member, 2010-present
- Legal Committee, 1994-present
Representative Transactions: Commercial & Residential Real Estate
- Serving as lead counsel on environmental management issues associated with multi-block redevelopment and expansion of the Washington State Convention Center in Seattle, including coordination of environmental reimbursement costs, regulatory compliance requirements and regulatory closure strategies.
- Assisting numerous multi-family developers on transactional strategies and indemnities, environmental cleanup work, and regulatory closure strategies for redevelopment projects throughout King County, Snohomish County, Pierce County and Spokane County.
- Managing environmental matters for national seafood processing company regarding the purchase and redevelopment of waterfront property in industrial areas near the City of Everett.
- Representing local universities regarding environmental liabilities and transactional strategies associated with long term school land use master plans.
- Representing multiple regional automobile dealerships regarding environmental regulatory and liability management.
- Representing municipalities regarding area-wide groundwater contamination issues.
Representative Transactions: Industrial Real Estate
- Representing multiple clients regarding sediment liabilities and natural resource damages associated with the Lower Duwamish Waterway Superfund Site, including serving on LDW Allocation Steering Committee.
- Representing regional and national industrial real estate developers on regulatory closure and redevelopment strategy for contaminated property in Tacoma tideflats, South of Downtown (SoDo), the Kent Industrial Corridor, and industrial areas along the I-5 corridor.
- Assisting local municipality with the environmental cleanup and decommissioning of city infrastructure for purposes of rehabilitation and redevelopment of municipal facilities.
- Representing national pipeline company in the management and remediation of contaminated property along the Columbia River at the Port of Vancouver.
- Representation of large-scale industrial and commercial property owner regarding potential contamination of owned property in the SoDo neighborhood of Seattle.
- Managed regulatory process for property being developed as sediment trans-loading facility, including supervision of a separate process to defend the client from liabilities associated with the Lower Duwamish Waterway Superfund site.
Representative Matters: Real Estate Litigation
- Lead counsel for multiple state cost-recovery claims regarding contaminated properties.
- Representing the Port of Seattle regarding cost recovery efforts for the investigation and remediation of Terminal 91.
- Defended national battery manufacturing company against claims of environmental contamination and property damage arising from lead-acid battery formation activities in litigation.
- Representing residential homeowners regarding cleanup and cost-recovery strategies of heating oil underground storage tank matters.
News & Insights
- Foster Garvey Newsroom, 8.20.20
- Foster Garvey Newsroom, 7.16.20
- Foster Garvey Newsroom, 4.23.20
- Foster Garvey Newsroom, 8.15.19
- Foster Garvey Newsroom, 6.10.19
- Foster Garvey Newsroom, 4.25.19
- "Alternative Dispute Resolution in the Environmental and Land Use Context," King County Bar Association Environmental and Land Use Law SectionPanel DiscussionCle Elum, WA, 5.11.18
- EventSeattle, WA, 11.9.17
- "Cleaning Up Water, Air & Dirt: Litigation & Policy Updates," King County Bar Association Environmental & Land Use SectionPanel DiscussionSeattle, WA, 6.8.17
- Speaking EngagementBlaine, WA, 4.27.17
- Speaking EngagementSeattle, WA, 4.7.15
- Washington, 1996
- Oregon, 2010
- J.D., Seattle University School of Law (cum laude), 1996
- Order of the Barristers – 4-time regional and national finalist in mock trial and appellate competition
- Class Historian and Commencement Speaker
- B.A., Rutgers University, 1993
- The Hon. J. Robin Hunt, Washington State Court of Appeals, Division II, 1996-1997
Honors & Recognition
- Chambers USA (Washington) Leading Individual, Environment, 2017-present
- The Best Lawyers in America© Environmental Law, 2018-present
- Washington Super Lawyers list, 2012-2020
- Rising Star, Washington Super Lawyers list, 2004-2010
- Puget Sound Business Journal’s “40 Under 40,” 2008