Jump to Navigation

Bradley M. Marten

Thank you for your interest in communicating with Marten Law.

Unless you are an existing client of Marten Law, please note transmission of an email does not establish an attorney-client relationship and any information transmitted is not protected by attorney-client privilege.

Please do not include confidential information in any correspondence with the firm until written confirmation has been received from Marten Law that the firm has completed a conflicts check and agreed to represent you in a particular matter.

We look forward to hearing from you.

Click to Email: bmarten@martenlaw.com

Brad Marten is the Managing Partner of Marten Law. He is consistently ranked by his peers as one of the nation’s top environmental lawyers. Brad is the Immediate Past President of the American College of Environmental Lawyers.

Brad is principal environmental counsel to over two dozen companies and also represents local governments and NGOs. He has worked with clients in nearly every sector of the economy across the country, including manufacturing, refining, transportation, food processing, agricultural, remediation, real estate, and financial services companies.

Chambers lists Brad in its top tier and has this to say about him:

Brad Marten is “better than anyone else in town” .… He enjoys the healthy respect of peers and works well with regulatory authorities. Clients commented: “He always seems genuinely concerned about our issues and is willing to communicate and explain things.”

Representative Experience

  • Representing parties at over 80 federal and state Superfund sites, in negotiation with EPA and the Justice Department, Natural Resource Trustees, state agencies, and Indian Tribes. Brad represents clients in most major industrial sectors, including oil and gas facilities, chemical manufacturing plants, mines, landfills, commercial developments, airports, railyards, and food processing plants. He has successfully negotiated dozens of agreements to resolve his clients’ cleanup and natural resource damage exposure, including prospective purchaser agreements, de minimis agreements, removal actions, remedial investigations, and remedial design/remedial action consent decrees. He has served as lead or common counsel at sites in over a dozen states, in matters sometimes involving more than one hundred parties.
  • Representing parties in complex environmental litigation, including the State of Louisiana in the Gulf oil spill and the State of Alaska in the Exxon Valdez oil spill.
  • Representing developers in addressing environmental concerns at projects involving over 20 million square feet of office space, as well as with residential developments, commercial areas, transit facilities, golf, courses, and timberlands.
  • Advising clients on emerging issues relating to climate change law and regulation, including reporting requirements, SEC disclosure, permitting under the Clean Air Act, and litigation.
  • Representing clients in air quality, clean water, and RCRA enforcement proceedings, including resolving enforcement actions and penalties.
  • Conducting environmental due diligence for dozens of companies in the manufacturing, real estate, food processing, and solid waste industries.

Professional History

  • Founder and Managing Partner, Marten Law PLLC, Seattle, WA (since 2002)
  • Marten & Brown LLP, Seattle, WA (1996 - 2002)
  • Morrison & Foerster, Seattle, WA; co-founder of the Seattle office and member of the firm's Land Use and Environmental Law Group (1992 - 1996)
  • Preston Gates & Ellis (now K&L Gates), Seattle, WA. Member and chair of the firm's Environmental and Land Use Group (1983 - 1992)
  • Law Clerk for United States District Court Judge Donald S. Voorhees (W.D. WA) (1981 - 1983)

Education

  • J.D., Harvard Law School (1981)
  • M.A., Yale University (1977)
  • B.A., Cornell University (1975)

Admitted to Practice

  • State Bar of Washington, #13582 (1983)
  • The District of Columbia Bar, #359276 (1981)

Professional Activities and Honors

  • American College of Environmental Lawyers
    • Immediate Past President
    • Member of the Executive Board, and Member of the Board of Regents
  • Member, Board of Advisors, Washington Journal of Environmental Law and Policy
  • Member, American Bar Association
    • Section of Environment, Energy & Resources (past Vice-chair, Brownfields Task Force)
  • Member, Washington State Bar Association
    • Environmental and Land Use Section (past Section Board Member)
  • Band One Ranking, Chambers USA—American Leading Lawyers
  • Band One Ranking, Best Lawyers in America
  • Named one of the “Top 100” “Super Lawyers” in Washington state (2005-2010)
  • Martindale Hubbell AV® Preeminent Rated
  • 1995 - 2015 The Best Lawyers in America© listed
    • Environmental Law and Litigation - Environmental 

Publications

  • General Editor, LexisNexis Climate Change Series. Monographs on:
    • Federal Climate Change Law
    • Treatment of Greenhouse Gases Under the Clean Air Act
    • Treatment of Greenhouse Gases Under the National Environmental Policy Act
    • Treatment of Greenhouse Gases Under the Endangered Species Act
    • Regional Carbon Markets
    • State-by-State Greenhouse Gas Regulations
    • International Climate Treaties
    • Cap and Trade: Law and Economics
    • Renewable Portfolio Standards
    • Solar Power: Law and Economics
    • Climate Change and Water Resources
    • SEC and Climate: Disclosure Requirements
    • Insurance Law for Climate Related Claims
    • Carbon Offsets
    • Carbon Capture and Sequestration
    • Greenhouse Gas Tort Litigation
    • Biomass: Law and Economics
    • California Climate Change Law and Regulation
    • Wind Power: Law and Economics
  • General Editor, Marten Law News
  • Contributor, ABA Brownfields Handbook (3rd Ed. 2009)
  • Co-author, “EPA Proposes Regulating Greenhouse Gases Under Clean Air Act; 2 Public Hearings Scheduled In May,” LexisNexis Environmental Law & Climate Change Center (May 5, 2009)
  • Burlington Northern & Santa Fe Railway Co. v. United States,” LexisNexis Emerging Issues Analysis (April, 2009)
  • Co-author, “Are NEPA Waivers Needed to Reach Energy Independence?” LexisNexis Environmental Law & Climate Change Center (February 17, 2009)
  • Contributor, Washington Environmental Compliance Handbook, AWB (2005)
  • Contributor, Washington Real Property Deskbook, WSBA (2004)
  • Litigating CERCLA Natural Resource Damage Claims, BNA, 22 Environmental Reporter 670
  • Co-Author, Model Toxics Control Act Handbook

Recent Speeches and Webinars

  • “Best Practices for Resolving NRD Claims and Suits,” LSI Advanced NRD Seminar, Santa Fe, New Mexico (July, 2012)
  • “A Short History of Natural Resource Damage Claims,” Natural Resource Damages: The Ground, Groundwater and the Gulf seminar, Miami, Florida (January 2011)
  • Moderator: “Lessons Learned from Managing Complex Natural Resource Damage Cases,” LSI Advanced NRD Seminar, Santa Fe, New Mexico (July, 2010)
  • Moderator, “EPA's Endangerment Finding on Greenhouse Gas Emissions Telebriefing,” Law Seminars International (Dec. 16, 2009)
  • “The U.S. Supreme Court's Environmental Docket – Making Sense of the 2009 Term, a Harbinger of What is to Come?” UW School of Law Conference, Seattle, Washington (October 23, 2009)
  • “Federal Climate Change Legislation,” American College of Environmental Lawyers (ACOEL) Annual Meeting, Portland, Maine (October 2, 2009)
  • "Implications of the Recent US Supreme Court Rulings," Environmental Law Education Center, Portland, Oregon (July 10, 2009)
  • “Climate Change and Real Estate Development,” Law Seminars International, Seattle, Washington (March 6, 2009)
  • “New Developments in Environmental Law / Hazardous Waste and New Climate Change Controls,” Law Seminars International, Seattle, Washington (March 7, 2008)
  • “Environmental & Land Use Law: What You Need to Know for 2008,” King County Bar Association, Seattle, Washington (December 12, 2007)
  • “Legal and Technical Perspectives on Innovative Settlement Strategies for NRD Claims,” Law Seminars International, Newark, New Jersey (November 29, 2007)
  • Roundtable Moderator: “Climate Change Challenges and Responses,” Northwest Environmental Summit (hosted by the Association of Washington Businesses), Tacoma, Washington (October 17, 2007)
  • “Environmentally Challenged Properties,” Washington State Bar Association, Seattle, Washington (September 26, 2007)
  • “Settlement of Natural Resource Damage Litigation: The Defendant’s Perspective,” Law Seminars International, Santa Fe, New Mexico (July 16-17, 2007)
  • “CERCLA: United States v. Atlantic Research Corporation TeleBriefing,” Law Seminars International (June 15, 2007)
  • “Effective Legal Strategies for Natural Resource Damage Claims and Restoration,” Law Seminars International, Honolulu, Hawaii (January 26, 2007)
  • “Implementation Issues and Strategies for Industry; Regulation of Electronic Waste,” Law Seminars International, Seattle, Washington (September 25, 2006)

Representative Experience

Cedar Grove Composting: Permitting and Regulatory Compliance

We have represented Cedar Grove Composting for decades and have helped it grow into one of the largest composters in the United States. We have assisted in the expansion of Cedar Grove’s facilities, handling its regulatory work before State and regional air agencies, and permitting work with the U.S. Army Corps of Engineers and the Washington State Department of Ecology. More

City of Moses Lake: CERCLA and MTCA Cost Recovery

We represented the City in a CERCLA and MTCA cost recovery and contribution action to recover millions of dollars in remediation costs for a drinking water well field that was contaminated by an adjacent former military base, now a federal Superfund site, and successfully prosecuted claims against the military. More

J.R. Simplot Co.: Mining and Manufacturing Facilities

We represent this large Northwest agribusiness and manufacturing company regarding remediation of several federal Superfund Sites on which its facilities are located, including issues related to surface water contamination from a previous neighboring phosphorous manufacturing plant and selenium and metal leaching from mining operations. More

Las Cruces, New Mexico: Groundwater Contamination Cleanup

We represented one of the largest cities in New Mexico in a $30 million groundwater contamination cleanup at a Superfund Site on the National Priorities List, including regulatory negotiations, investigation of potentially responsible parties, and negotiation of allocation issues. More

NCR Corp

Marten Law was retained by NCR Corp, a Fortune 500 maker of automated banking systems and electronic terminals, based in New York, to defend governmental and private claims brought against it and several other companies under CERCLA, the federal Superfund statute. More

OII Landfill Cleanup

At this $1 billion landfill cleanup near Los Angeles, we initially represented 54 “de minimis” parties in negotiations with EPA and with a group of “work” defendants.

Through formation of a well-functioning Steering Committee, coupled with cash-out negotiations, we have succeeded in resolving the government’s CERCLA claims against all but eight of the parties we represent. More

Regional Air Authority: Title V Operating Permit Challenge

We represented a regional air authority in the successful defense of a Title V air operating permit issued to Washington State’s only coal-fired power plant. The permit was challenged by environmental plaintiffs on the grounds that it fails to include limits on carbon dioxide and mercury emissions. They also sought a more stringent nitrogen oxide limit for the plant. More

Schnitzer West: Indemnity and Cleanup of Hazardous Substance

In 1996, after the Seattle Commons initiative was rejected by the voters, many pieces of property which had been assembled for the proposed park were resold for development. One of those parcels was purchased by our client, who intended to develop it as part of the corporate campus for a major on-line retailer. More

State of Louisiana (Gulf Oil Spill)

The firm is Special Counsel to the Attorney General of the State of Louisiana in the Gulf Oil spill litigation. Marten Law is the only out-of-state firm selected to assist the Attorney General. Louisiana is a principal complainant (along with the United States and four other Gulf states) in the largest environmental lawsuit ever brought in the United States. More