Jeff Kray's practice focuses on water quality, water resources, and complex environmental litigation, including Clean Water Act permitting and regulatory compliance, and CERCLA (Superfund) site remediation. He has represented public and private clients throughout the west. Over a nearly 20 year career, Jeff has litigated administrative hearings, conducted numerous trials, and appeared in federal and state appeals.
Jeff regularly advises businesses in water quality permit compliance and defense matters, stormwater pollution prevention, hazardous waste spill prevention and cleanup, and cost recovery litigation. He also frequently consults with water right owners and purchasers on preserving, acquiring, and transferring water rights. He has assisted a broad range of clients, including manufacturers, commercial and timber land owners, interstate transporters, lumber mills, ports, water suppliers, and municipalities.
Jeff is a frequent speaker and writer on water law and policy. He recently authored a chapter on water and climate change for the treatise Waters and Water Rights (Michie 3rd Ed. 2009). He has lectured extensively on the Clean Water Act, state water quality laws, and state and federal water rights. He holds leadership positions in the Water Resources and Water Quality and Wetlands Committees of the American Bar Association's Section on Environment, Energy, and Resources.
- Lead defense counsel before the U.S. District Court and the U.S. Court of Appeals for the Eighth Circuit on behalf of the owner of an agricultural chemical company in consolidated actions by EPA and private parties and involving cleanup cost recovery claims and contribution. This complex case involved five separate lawsuits, including several environmental and cost recovery claims, insurance coverage litigation, and probate.
- Lead defense counsel in numerous Clean Water Act citizen actions, including five inter-related federal lawsuits involving regulatory compliance with industrial stormwater permits. All five suits were successfully settled via a consent decree approved by the Department of Justice and U.S. District Court.
- Assisted a lender with its foreclosure and litigation of loans involving timber properties in Hawaii having Endangered Species Act (ESA) issues.
- Assisted a development company in evaluating water rights and other environmental issues relating to the potential purchase of bankrupt former brewery property that included water rights and well-fields.
- Lead counsel in multiple cases successfully prosecuting and defending claims to recover environmental cleanup costs under the federal Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) and Washington's Model Toxics Control Act (MTCA) or similar state laws in Oregon, Alaska, and California. Representative cases have involved former landfills, gas stations, dry cleaners, salvage and recycling facilities, and lumber mills.
- Advised a prominent Washington homebuilder on compliance with state and federal stormwater pollution control laws and on revising their real estate contracts to appropriately allocate stormwater pollution control risks.