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Jessica K. Ferrell

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Click to Email: jferrell@martenlaw.com

Jessica Ferrell's practice focuses on environmental and natural resource litigation. She represents public and private clients in cases arising under the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act, NEPA, CERCLA, MTCA, the Clean Water Act, and other federal, state, and local environmental laws. She has successfully represented clients in litigating cost recovery actions, defending renewable energy projects and fishing operations against ESA and NEPA challenges, and in various permitting issues. She has negotiated settlements in complex multi-party hazardous waste cleanups and advised local governments, developers, irrigation districts, and other clients on environmental regulatory compliance, potential environmental liabilities in property transactions, and water rights and other issues arising in ESA section 7 consultations.

Representative Experience

  • Prosecuting environmental insurance claims on behalf of former large-scale gasoline distributor in matter covering over 225 contaminated sites located throughout the Pacific Northwest

  • Represented irrigation districts in southern Oregon in a multi-year Endangered Species Act consultation on a large Bureau of Reclamation project, culminating in a no jeopardy biological opinion.

  • Represents fishing and processing companies in challenges to National Marine Fisheries Service allocations, fishery management regulations, and associated ESA and NEPA decisions for Bering Sea and Aleutian Islands Pacific Cod and Atka mackerel fisheries.

  • Represents The Seattle Times, the largest daily newspaper in the state of Washington, in property transactions and development and environmental insurance recovery litigation.

  • Represented a New Mexico municipality and county in the remediation of groundwater at Superfund site, including regulatory negotiations, technical and historical investigation of potentially responsible parties (“PRPs”), and negotiation of allocation issues with PRPs.
  • Represented a Washington municipality in CERCLA and MTCA cost recovery and contribution action to recover remediation costs at a former military base. Jessica prosecuted claims against the military and its defense contractors, obtaining insurance coverage to cover cleanup costs and an order requiring the federal government to allow local governments to help structure the remedial action. 416 F.Supp.2d 1015 (E.D. Wash. 2005).
  • Represented a mining company in estimation hearings in the largest environmental bankruptcy case in the United States.
  • Advising a Washington recycling and composting company on compliance with federal, state and local environmental laws.
  • Successfully appealed the U.S. Army Corps of Engineers’ denial of Alaska landowners’ permit applications under the Clean Water Act and Rivers and Harbors Act.
  • Prosecuted and defended claims in multiple matters to recover environmental cleanup costs under CERCLA and MTCA. Representative cases include airports, maintenance yards, landfills, smelters, refineries, gas stations, dry cleaners, and salvage and recycling facilities.

History

  • Marten Law PLLC, Seattle, WA (2005 - present)

Education

  • J.D., Lewis and Clark Law School (2005)
    • Environmental and Natural Resources Law Certificate, Law Review Editorial Board
  • B.A., with honors, Cornell University, History (1998)

Admitted to Practice

  • Ninth Circuit Court of Appeals
  • U.S. District Courts, Eastern and Western Districts of Washington
  • State Bar of Washington

Professional Activities and Honors

  • Editorial Board Member, Washington State Bar Association Environmental & Land Use Law Newsletter
  • Member, American Bar Association Section of Environment, Energy and Resources, Washington State Bar Association and King County Bar Association
  • “Rising Star®,” Washington Law & Politics magazine (2007-2009)
  • "Rising Star®," Super Lawyers (2010-2015)

Select Publications and Speeches

  • “The Cost of Species Protection,” Environmental Law360 publications (September 10, 2013)
  • “Sage Grouse – The Rancher’s Spotted Owl?” - Society for Range Management 65th Annual Meeting, Spokane, Washington, January 31, 2012, and associated publication in Rangelands: “Sage Grouse Not Protected by ESA, Still Plays Major Role in Grazing, Agriculture, and Energy Development in the West,” (February 2012)

  • Chair, Washington State Bar Association Environmental and Land Use Law Annual Midyear Meeting and Seminar, Union, WA, (April 28-30, 2011)
  • Speaker and Author, “When Regulators Don't Enforce: Ethical Challenges Facing Attorneys Representing Competing Regulated Entities,” 28th Annual ABA Section of Environment, Energy, and Resources Water Law Conference, San Diego, California (February 2010)
  • Co-author, “Despite Apparent Recovery, Climate Change Keeps Grizzly Bears on ESA List,” LexisNexis Environmental Law & Climate Change Center (December 15, 2009)
  • Author, “Almost Infamous-- Another Circuit Tries to Determine Scope of Clean Water Jurisdiction After Rapanos,” The Environmental Counselor, Issue 255 (November 2009)
  • Co-author, “Bounty for Land and Sea: Congress Passes Omnibus Public Land Act,” The Environmental Counselor, Issue 251 (July 2009)
  • Co-author, “Precautionary Resource Management and Climate Change,” American Bar Association Natural Resources & Environment Magazine, Vol. 24, No. 1 (Summer 2009)
  • Speaker, “Flood Insurance and Endangered Species: A New Era in Floodplain Development,” American Planning Association Planning Law Conference, Climate Change/Sustainability Track, Bellevue, Washington (April 2009)
  • Speaker and Author,Project Development in the Shadow of Climate Change,” Proceedings of the 54th Annual Rocky Mountain Mineral Law Institute, Snowmass/Aspen, Colorado (July and December 2008)
  • Speaker and Author, Fish, Goods, and International Law,” American Association of Law Schools, Section on Admiralty and Maritime Law, New York, New York (January 2008) (presentation of: “Controlling Flags of Convenience: One Measure to Stop Overfishing of Collapsing Fish Stocks,” 35 Envtl. L. 323 (Spring 2005))
  • Co-author, “Orcinus and Oncorhynchus: Will Saving Puget Sound Orcas and Salmon Save an Ecosystem?,” American Bar Association Natural Resources & Environment Magazine, Vol. 22, No. 2 (Fall 2007)
  • Speaker, “Endangered Species and Watershed Planning Issues in Shoreline Development,” Law Seminars International, Marine Shoreline Development CLE, Seattle, Washington (February 2007)
  • Regular author, Washington State Bar Association Environmental & Land Use Law Newsletter (2005‑present) and LexisNexis Expert Forum, Environmental Law & Climate Change Center (2007-present)

Civic Activities

  • Northwest Immigrant Rights Project, Pro Bono Attorney (2007-present)
  • Washington State Bar Association Pro Bono Service Commendation (2007-present) 

Representative Experience

Alaska Seafood Cooperative: Endangered Species Act Fishing Regulations Related to Steller Sea Lions

Marten Law represents Seattle-based fishing companies, Adak Community Development Association and Aleut Corporation in litigation defending the re-opening of the Aleutian Islands to cod and mackerel fishing. More

ASARCO LLC: Largest Environmental Bankruptcy in U.S. History

We defended this former mining and smelting company in the first evidentiary estimation hearing in connection with the largest environmental bankruptcy case in United States history. The hearing, at the U.S. 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

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

Fishermen’s Finest, Inc.: Challenge to Fisheries Allocations

We represented a major fishing and processing company in a challenge to National Marine Fisheries Service allocations for the multi-million dollar Bering Sea and Aleutian Islands Pacific Cod fishery under the Magnuson-Stevens Fishery Conservation and Management Act. Fishermen’s Finest, Inc. v. Locke, 593 F.3d 886 (9th Cir. 2010).

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

Pattern Energy: First Utility-Scale Wind Project in Nevada

Marten Law has successfully represented Pattern Energy, the developer of the first utility-scale wind project in Nevada – the 150 MW Spring Valley Wind Project – in the Interior Board of Land Appeals, the U.S. District Court for Nevada, and the Ninth Circuit. More

Rogue Basin Water User’s Council: Bureau of Reclamation Section 7 ESA Consultation

Doug MacDougal represents the Rogue Basin Water User’s Council (RBWUC) in an ongoing Section 7 Consultation under the Endangered Species Act (“ESA”). The matter involves the Bureau of Reclamation’s Rogue River Basin Project. More

State of Louisiana (Gulf Oil Spill)

The firm acted as Special Counsel to the Attorney General of the State of Louisiana in the Gulf Oil spill litigation. Marten Law was the only out-of-state firm selected to assist the Attorney General. Louisiana was 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