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Dustin T. Till

Dustin T. Till
Associate
Portland
(503) 241-2641

Dustin advises private and public clients on environmental and energy issues. As part of his environmental practice, he has represented clients in a broad range of litigation, administrative, and transactional proceedings, including successfully defending challenges to transmission and renewable energy generation projects under the National Environmental Policy Act, the Clean Air Act, and similar state laws. In addition to his litigation practice, Dustin has advised clients on environmental liabilities associated with property transactions, and has managed environmental due diligence for mergers involving multiple industrial facilities.

Dustin’s energy practice focuses on representing large industrial power consumers in rate and contract proceedings before the Bonneville Power Administration, the Federal Energy Regulatory Commission, and the Ninth Circuit Court of Appeals. He also advises industrial facilities with respect to power purchase agreements and related matters.

Representative Experience

  • Represents a Fortune 50 industrial power consumer in rate and contract proceedings before the Bonneville Power Administration and Ninth Circuit Court of Appeals
  • Advises international manufacturer on power sales contract issues for facilities in the United States and Canada
  • Advises a major oil pipeline company on regulatory issues arising before the Regulatory Commission of Alaska
  • Defended permits for a proposed biomass cogeneration facility against challenges arising under the Clean Air Act and SEPA
  • Represented 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
  • Defended 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
  • 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 multiple CERCLA Ability-to-Pay settlements
  • Defended a residential developer in a Clean Water Act citizens suit involving alleged wetland fills.

History

  • Marten Law PLLC, Seattle, WA and Portland, OR (2005 - present)
  • Extern to the Honorable Thomas S. Zilly, United States District Court for the Western District of Washington (Fall 2004)

Education

  • J.D., summa cum laude, Seattle University School of Law (2005)
  • B.A., magna cum laude, Western Washington University (2002)

Admitted to Practice

  • State Bars of Oregon and Washington
  • Ninth Circuit Court of Appeals, Eighth Circuit Court of Appeals
  • U.S. District Courts, Western District of Washington, Western District of Missouri

Professional Activities and Honors

  • Executive Committee Member, Oregon State Bar Environmental and Natural Resource Section
  • Member, Oregon State Bar Energy, Telecommunication, and Utility Law Section
  • Member, Washington State Bar Association Environmental Law and Land Use Section
  • Member, American Bar Association Section of Environment, Energy, and Resources

Select Publications and Presentations

  • Author, Oil and Gas Policy in President Obama’s Second Term, KCBA Bar Bulletin (Jan. 2013)
  • Author, Sixth Circuit Rejects EPA’s Aggregation of Air Emissions, Easing Permit Burden for Oil and Gas Industry, The Environmental Counselor (October 2012)
  • Co-author, BACT: To The Future Of GHG Regulation, Law360 (July 16, 2012)
  • Co-author, Environmental Groups Target Coal Ash Disposal, The Environmental Counselor (June 2012)
  • Co-author, California Air Agency Adopts Controversial New Cap-and-Trade Rules, ABA Climate Change, Sustainable Development, and Ecosystems Committee Newsletter (April 2012)
  • Panelist, Climate Change and Renewable Energy, Oregon State Bar Environmental and Natural Resource Year in Review (October 2011)
  • Author, Ninth Circuit Dismisses Citizen Suit Seeking CERCLA Penalties, The Environmental Counselor (July 2011)
  • Speaker, Policy Drivers for Renewable Energy Development, Future of Oregon’s Water Supply & Management Conference (March 2011)
  • Co-author, Treatment of Greenhouse Gases Under the National Environmental Policy Act, (LexisNexis, September 2010)
  • Author, SEC Issues Interpretive Guidance on Climate Change Disclosure Requirements for Public Companies, LexisNexis Environmental Law & Climate Change Center (February 2010)
  • Author, U.S. Supreme Court Limits Rights of Environmental Groups to Challenge Federal Agency Decisions, The Environmental Counselor (May 2009)
  • Author, EPA Appeals Board Decision Stirs the Pot on Whether to Address Carbon Emissions by Regulation or Legislation, ABA Climate Change, Sustainable Development, and Ecosystems Committee Newsletter (May 2009)
  • Co-author, Are NEPA Waivers Needed to Reach Energy Independence?, LexisNexis Environmental Law & Climate Change Center (February 2009)
  • Co-Author, The Right FIT to Promote Renewable Energy?, American Bar Association Section of Environment, Energy, and Resources Trends Newsletter (November/December 2008)
  • Panelist, Emerging International, National, and Local Climate Change Initiatives, Renewable Energy in the Pacific Northwest, Law Seminars International (August 2008)
  • Panelist, Development Strategies and Partnerships for Smart Growth, CreatingCooler Communities Conference (April 2008)

Representative Cases

Alcoa Inc.: Bonneville Power and U.S. Appellate Proceedings

We represent Alcoa Inc. in its relationship with Bonneville Power Administration and in related U.S. appellate proceedings. Following Ninth Circuit Court of Appeals litigation in which we represented Alcoa, we have negotiated a contract that permits the continued operation of Alcoa's smelter in Ferndale, Washington. More »

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 »

Missouri Superfund Site: CERCLA Defense

We served as lead defense counsel in federal district court and the U.S. Court of Appeals for the Eighth Circuit for this former operator of a Missouri Superfund Site in actions against the U.S. EPA and other private parties for costs recovery and contribution under CERCLA. 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 »