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Molly Barker

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Click to Email: mbarker@martenlaw.com

Molly focuses her practice primarily on environmental, real estate and land use law. Molly works with clients to conduct environmental due diligence, secure insurance coverage for environmental claims, and obtain regulatory closure for contaminated sites. Molly also advises clients on bringing business operations into environmental regulatory compliance, and on the sale and purchase of contaminated properties. Molly also litigates cost recovery actions and a variety of land use claims, including permit appeals.

Molly's environmental experience includes matters involving the Model Toxics Control Act (MTCA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Clean Water Act (CWA), Growth Management Act (GMA), National Environmental Policy Act (NEPA), Alaska Native Claims Settlement Act (ANCSA) and Columbia River Treaty. Having also previously served as a judicial law clerk for four judges at the trial court level, she has touched on nearly every type of legal issue that makes its way through the state superior court system.

Before attending law school, Molly worked at the U.S. Environmental Protection Agency's Region 1's Office of the Regional Administrator in Boston, Massachusetts. During law school, Molly interned for the House Committee on Global Warming and Climate Change and for State Senator Katherine Clark at the General Court of the Commonwealth of Massachusetts, The Honorable Federal Magistrate Robert B. Collings for the U.S. District Court for the District of Massachusetts, Stoel Rives LLP, The Center for Environmental Law and Policy, and the Office of General Counsel for the Massachusetts Department of Environmental Protection. After completing law school, Molly served as a judicial law clerk to The Honorable Judge Jay B. Roof, Jeanette Dalton, Sally F. Olsen and Jennifer Forbes at Kitsap County Superior Court.

History

  • Associate; Marten Law PLCC; Seattle, Wash. (2018-present)
  • Associate; Veris Law Group, PLCC; Seattle, Wash (2015-2018)
  • Judicial Law Clerk for The Hon. Judge Roof, Olsen, Dalton and Forbes; Kitsap County Superior Court; Port Orchard, Wash. (2014-2015)
  • Contract Attorney; Pacifica Law Group; Seattle, Wash. (2013)
  • Volunteer Attorney; Environmental & Land Use Hearings Office (Pollution Control Hearings Board); Tumwater, Wash. (2013)
  • Legal Intern; Office of General Counsel; Massachusetts Department of Environmental Protection (MassDEP); Boston, Mass. (2013)
  • Legal Intern; Center for Environmental Law and Policy (Non-Profit); Seattle, Wash. (2012-2013)
  • Summer Associate - Environmental, Land Use, Natural Resources Practice Group; Stoel Rives LLP; Anchorage, Alaska (2012)
  • Judicial Intern for Federal Magistrate Judge Hon. Robert B. Collings; U.S. District Court for the District of Massachusetts; Boston, Mass (2011-2012)
  • Legal Intern, Office of State Senator Katherine Clark; General Court of the Commonwealth of Massachusetts (State Legislature); Boston, Mass (2011)
  • Legal Intern, House Committee on Global Warming and Climate Change; U.S. District Court for the District of Massachusetts, Boston, Mass (2011)
  • Litigation Assistant; Cetrulo & Capone LLP; Boston, Mass. (2009)
  • Environmental Protection Assistant; Office of the Regional Administrator; U.S. Environmental Protection Agency, Region 1; Boston, Mass. (2008)

Education

  • J.D., Northeastern University School of Law (2013)
  • B.A., magna cum laude, Northeastern University (2010)

Admitted to Practice

  • Washington

Professional Activities

  • Member, Women of Renewable Industry and Sustainable Energy (WRISE) (2018 - Present)
  • Member, Women in Environment (WIE) (2015 - Present)
  • Northwest Environmental Business Council: Olympic Chapter Committee Member (2017 – present)
  • Washington Women Lawyers: Professional Development VP (2017-18); Membership VP (2016-17); Publicity VP (2014-16)
  • KCBA Environmental and Land Use Law Section: Section Chair (2016-17); Communications Chair (2015-16)
  • Friends of Waterfront Seattle: Founding Ambassador (2014-15)

Honors and Awards

  • Rising Star in Super Lawyers and Washington Law & Politics magazine, 2017; 2018
  • Top Women Attorneys in Washington, Washington Law & Politics magazine, 2017

Select Presentations

  • Moderator, Northwest Environmental and Business Council's Energy Workshop, “Powering Our Future: Insight into the Growth of Renewables” – Panel: Changing the Energy Landscape: How Renewables and Storage are Taking Over the Grid (June 7, 2018)
  • Emcee, King County Bar Association’s Environmental and Land Use Section's Half Day CLE, “Cleaning Up Water, Air and Dirt: Litigation and Policy Updates” (June 8, 2017)

Civic Activities

  • Member and instructor of the Washington Alpine Club (2014 - Present)

CERCLA: Manufactured Gas Plant Site

On behalf of a subsidiary to a publicly traded utility company, assisted in the remedial investigation, evaluation for potential cost recovery actions, and insurance defense for a multi-million dollar legacy manufactured gas plant site subject to an agreed order on consent overseen by the U.S. EPA.

MTCA: Multi-Party Agreed Order Negotiations

On behalf of fuel distributor client, assisted in multi-party negotiations surrounding an agreed order with the Washington State Department of Ecology for an interim action, remedial investigation and clean up of a nearly century-old site located on the Columbia River.

MTCA: Resolving Condemnation Action Against Municipality and Indemnity Claim Against Insurer

Assisted in mediating and obtaining a favorable settlement for a dry cleaner client in defense of a cost recovery claim made by a municipality after it condemned a portion of the client’s property during a road widening project wherein it encountered hazardous substances attributable to client's dry cleaning operations. More

MTCA: State Regulatory Closure and Cost Recovery of Multiple Petroleum and Solvent Sites

On behalf of multiple land owners and real estate developers, assisted on numerous sites throughout Washington in successfully obtaining regulatory closure of petroleum and solvent sites and recovering remedial action costs from liable parties as a result of brownfield redevelopment projects.

Real Estate Deals

On behalf of multiple land owners and business owners, successfully structured real estate sales and leases of contaminated properties to mitigate the risks associated with the contamination, and advised prospective buyers and lenders relating to the risks associated with purchasing of, or lending on, contaminated properties for the development of projects.

SPCC Regulations under CWA: Consent Decree Negotiations with the Federal Government

Advised fuel distributor client on regulatory compliance issues surrounding the Spill Prevention, Control, and Countermeasures implementing regulations under the Clean Water Act and assisted in negotiating a consent decree and penalty payment on behalf of client with the U.S. EPA to resolve violations of those regulations.

SWPPP Regulations under CWA: Resolving Citizen Suits

Advised fuel distributor client on regulatory compliance issues surrounding the Stormwater Pollution Prevention Plan implementing regulations under the Clean Water Act and assisted in negotiating a settlement on behalf of client with a citizen group to resolve violations of those regulations.