Dustin advises private and public clients on energy and environmental matters. He has represented clients in rate proceedings before the Bonneville Power Administration, the Federal Energy Regulatory Commission, and the Ninth Circuit Court of Appeals. He has also defended challenges to energy infrastructure projects and negotiated settlements in complex hazardous waste cleanup matters. In addition to his litigation practice, Dustin has managed environmental due diligence disclosures for a merger involving more than a dozen industrial manufacturing facilities, and provided regulatory advice on environmental liabilities related to property transactions.
As a member of Marten Law’s Climate Change Practice Group, Dustin provides clients with strategic advice on the opportunities and risks presented by emerging federal, state, and local efforts to mitigate greenhouse gas emissions.
Representative Experience
- Representing a regional air quality permitting agency in litigation involving whether an air operating permit for a coal-fired power plant must include limits on carbon dioxide emissions.
- Successfully defending a public utility district in a SEPA lawsuit involving challenges to a power transmission line project in Eastern Washington, including litigation before the Washington Court of Appeals.
- Advised a regional trade association on emerging national and local climate change initiatives impacting commercial and residential real estate markets.
- Represented clients in complex, multi-party CERCLA litigation involving private party cost allocation and EPA cost recovery efforts. Litigated issues before the U.S. District Court for the Western District of Missouri and the Eighth Circuit Court of Appeals, and successfully negotiated CERCLA Ability-to-Pay settlement.
- Successfully defended a residential developer in a Clean Water Act citizens suit involving alleged wetland fills.