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Overview

Dick has more than 50 years of experience assisting clients with matters related to land use, the environment and municipal law.

Dick's 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.”

Professional Activities

  • Northwest Land Use Review, Editorial Advisory Board, Member, 1983-present
  • Private Sector Review Panel, Washington State Local Ordinance Study Commission Member, 1987-1988
    • 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
  • Washington State Climate Action Team SEPA IWG, Co-Lead, 2008-present
  • Washington State Commission on Environmental Policy, Legal Technical Committee (review and revision of State Environmental Policy Act), Member, 1981-1983
  • Washington State Department of Ecology, Advisory Committee on SEPA and Climate Change Impacts, 2008-present
  • Washington State Public Trust Doctrine Advisory Commission, Member, 1990-1992

Experience

Experience

  • Knight v. City of Yelm - 155 Wn.App. 1027, Not Reported in P.3d, 2010 WL 1454096
  • Thurston County v. Western Washington Growth Management Hearings Board - _Wn.App._, 190 P.3d 38 (2008)
  • King County Wastewater Treatment Division v. King County Hearing Examiner - 135 Wn.App. 312 _P.3d_ (2006)
  • Wells v. Whatcom County Water District No. 10 - 105 Wn.App. 143, 19 P.3d 453 (2001)
  • Sammamish Community Municipal Corporation v. City of Bellevue - 107 Wn.App 686, 27 P.3d 684 (2001)
  • Alpine Lakes Protection Society, et al. v. Washington Forest Practices Board, Washington State Department of Ecology, Washington Department of Natural Resources, and Washington Forest Protection Association - Wn. App. P.3d 2006 WL 2865788 (2006)
  • West Main Associates v. City of Bellevue - 49 Wn. App. 513, 742 P.2d 1266 (1987)
  • Orion Corp. v. State of Washington - 109 Wn.2d 621, 747 P.2d 1062 (1987)

News & Insights

News & Insights

Publications

“Richard Settle Testifies on Legal Ramifications of Global EIS for Coal Terminal,” Foster Pepper News, January 2014

“Ecology Requires Unprecedented Global SEPA Analysis,” Foster Pepper News, August 2013

“U.S. Supreme Court Decision Expands Scope of Takings Clause,” 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,” Foster Pepper News, January 2013

“Foster Pepper Attorneys Dick Settle and Pat Schneider Appointed to Advise State on Increasing SEPA Exemptions and Revising Checklist,” Foster Pepper News, August 2012

“Governor Acts on Bill Amending Environmental and Natural Resource Laws,” Foster Pepper News, May 2012

“Legislature Amends Important Environmental and Natural Resource Laws,” Foster Pepper News, April 2012

“Supreme Court Sheds Light on Perils of Appealing a County’s Refusal to Amend its Comprehensive Plan,” Foster Pepper News, March 2012

“Court Clarifies SEPA Planned Action Provision that Expedites Sustainable Communities,” Foster Pepper News, February 2011

“SEPA and Climate Change Impacts: Report and Recommendations of the Climate Action Team,” Environmental & Land Use Law Newsletter, Vol. 36 Number 2, August 2009

“Washington’s Court of Appeals Makes Important SEPA Review Ruling,” 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

Presentations

“Important Lessons from the Court: 2016 Land Use (and SEPA) Case Law Update,” Foster Pepper 2016 Real Estate/Land Use Briefing: Essential Industry Updates, November 2016

“Land Use Update,” Hearing Examiners Association of Washington, 2016 Annual Conference, October 2016

“Land Use Law Update,” 2016 Environmental and Land Use Law Section Midyear Meeting & Conference, May 2016

“Greenhouse Gas and Climate Change Considerations,” 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,” 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,” 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,” 12th Annual SEPA & NEPA Seminar, January 2015

“Land Use Law Update,” WSBA 2014 Environmental and Land Use Law Section Midyear Meeting and Conference, May 2014

“Effective Negotiating Strategies for Settling SEPA Disputes,” 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," 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,” American Association of Railroad Government Affairs, September 2013

“SEPA Reform Rule-Making,” Washington Chapter of American Planning Association Conference, May 2013

“Land Use Law Update,” 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,” Law Seminars International - Tenth Annual Seminar on SEPA & NEPA, January 2013

“SEPA Update: New SEPA Exemptions/New Legislation — Early SEPA Review,” 2012 Land Use & Environmental Seminar, October 2012

“New Legislation for Land Use and Natural Resources,” 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,” Law Seminars International's Ninth Annual Advanced One-Day Workshop on SEPA & NEPA, January 2012

“‘Top Ten’ Land Use Cases,” Land Use/Environmental Group Seminar, May 2011

“Is SEPA Still Vital, Or Is It Over The Hill?” SEPA AT 40 – An AGO CLE Lite, May 2011

“SEPA & NEPA: The Latest on Compliance from Developing Proposals Through Judicial Review,” Law Seminars International's Eighth Annual Advanced One-Day Workshop on SEPA & NEPA, January 2011

“Settle's Ten: The Ten Greatest GMA Cases,” UW CLE - Land Use 2011: Law and Practice, December 2010

“Settle's Ten: The Ten Greatest Land Use Cases,” 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),” Law Seminars International, January 2010

“Knight v. City of Yelm: Water Availability and Ecology's Role in Local Land Use Decision Making,” LSI - Washington Water Law 2009, June 2009

“Think Globally, Act Locally: Incorporating Climate Change Considerations into SEPA Process,” The 2009 Environmental and Land Use Law Section Midyear Meeting and Seminar, April 2009

“Intersection of Climate Change, SEPA and Entitlements,” 2009 Real Estate & Land Use Seminar, April 2009

“Addressing Climate Change Through the SEPA Process,” Planning Association of Washington 2009 Spring Conference, April 2009

“Legislative Update on SEPA and Climate Change,” The Seminar Group, February 2009

“SEPA Working Group Recommendations to the Climate Action Team,” SEPA & NEPA: The latest on Compliance from Developing Proposals Through Judicial Review, January 2009

“Climate Change, SEPA, and Land Use Planning,” Northwest Environmental Business Council, November 2008

“The Year’s Most Significant Land Use Court Decisions,” 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?” Land Use in Washington: The Latest in Planning and Project Permitting, April 2007

“SEPA Case Law Update,” SEPA/NEPA Workshop, Law Seminars International, January 2006

“Designing SEPA Compliance for Major Essential Public Facilities,” Regulatory Requirement & Permitting of Essential Public Facilities, The Seminar Group, November 2004

“Nonconforming Development, Vested Rights, and the Nykreim Case,” APA Annual Planning Law Conference, March 2003

“What Does GMA Mean in 2000: GMA Case Law,” Growth Management Act 2000, September 2000

“The Taking Issue and Federal and State Limitations on Land Use and Environmental Regulatory Burdens,” Environmental and Land Use Track of the National CLE Conference, January 1999

“Trends in Land Use Decision Making From Washington State,” Washington Association of Hearing Examiners Conference, October 1998

“Takings: Constitutional Limits on Governmental Regulations,” Land Use & Environmental Law CLE Conference, July 1997

“Exploring the Uncharted Waters of Regulatory Takings,” "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,” "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,” The Washington Public Trust Doctrine Symposium presented by Washington State Department of Ecology, November 1992

“An Historical Overview of Growth Management in Washington,” Symposium on Growth Management presented by the University of Puget Sound Law Review, November 1992

“The Limits of Land Use Regulation: The Private View,” Conflict in Growth Management presented by the Administrative Law Section of the Washington State Bar Association, October 1992

“Taking Limitation on Environmental Regulation,” Conference on "Takings After Lucas" presented by the Federalist Society, September 1992

“Recent Developments in Constitutional Limitation on Environmental Regulation,” Environmental Law Conference presented by Executive Institutes, June 1992

“Regulatory Takings and Substantive Due Process: The 1992 Washington Trilogy,” 1992 Convention of the Association of Washington Cities, June 1992

“Regulatory Takings and Substantive Due Process Washington Style,” Annual Spring Conference of the Washington State Association of Municipal Attorneys, June 1992

“Recent Developments in Land Use Litigation,” "Rough Times and Regulations: Preserving the Environment in the 1990’s", May 1992

“Growth Management: GMA I and GMA II, a Progress Report,” Annual Fall Conference of the Washington State Association of Municipal Attorneys, October 1991

“Recent Development in Land Use Case Law,” Hanging in the Balance, May 1991

“Federal Wetlands Regulation,” Wetlands 1991, April 1991

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

“Washington Regulatory Taking Doctrine After Presbytery,” Annual Fall Conference of the Washington State Association of Municipal Attorneys, October 1990

“Regulatory Taking Constraints on Sensitive Area Regulation,” The Regulation of Environmentally Sensitive Areas, October 1990

“Regulatory Taking Doctrine in Washington: Now You See It, Now You Don’t,” "Growth: Is Anyone in Charge?" May 1990

“Analysis or Orion Corp. v. State,” Environmental and Land Use Law Section of the Washington State Bar Association, January 1988

“Developer Exactions,” 1987 Annual Meeting of Washington State Association of Sewer Districts, November 1987

“The Impact of Nollan on Public Access to Shorelines,” Public Access Conference sponsored by Washington Department of Ecology, September 1987

“Recent Developments in the Public Trust Doctrine and Regulatory Takings,” State Department of Ecology, June 1987

“The U.S. Supreme Court and Regulatory Takings and Municipal Liability for Land Use Regulatory Conduct,” Association of Washington Cities, June 1987

“The Legal Limits of Development Fees and Recent Developments in Land Use and Environmental Law,” Thirtieth Annual Meeting of the Washington State Association of Municipal Attorneys, June 1987

“Washington Land Use Law - the Climate for Legislative Reform,” Land Use Committee of the Washington Environmental Council, December 1986

“Development Fees: Legal Authorities and Limitation,” "Development Fees: The Legal Authority, Limitations and Practical Techniques," December 1986

“History and Current Legal Status of Public Trust Doctrine in Washington,” "The Public Trust Doctrine: Protecting Washington’s Natural Heritage," November 1986

“Bases of Land Use Law,” Land Resources: Public and Private Control, October 1986

“Land Use and Environmental Law,” One-half day program for the 1985 Washington Judicial Conference, August 1985

“Tort Laws and Reform,” Alaska Judicial Conference, May 1985

Admissions

  • Washington, 1967

Education

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

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

Honors & Recognition

  • Chambers USA (Washington) 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
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