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Natural Resources

Natural Resources

Skilled in Resolving Natural Resource Disputes

Our attorneys help clients resolve natural resource issues that arise during project planning, development, and implementation. We provide strategic counseling to identify and minimize impacts associated with developments and work with clients to move projects through the permitting process in a timely and effective manner. We work through the Endangered Species Act consultation process and counsel clients on habitat conservation plans. We also participate in listing proceedings for new threatened and endangered species to avoid unintended applications of species protection laws.

We Handle Complex Endangered Species, Wetlands and Other Natural Resources Issues

We advise clients regarding endangered species, wetlands, water, and other natural resources issues and help them comply with federal and state laws and regulations. We have a successful track record litigating high-profile cases in federal courts involving natural resource damage claims under CERCLA.

Experience

  • Biological Opinions
  • Compliance Counseling
  • Defense of Enforcement Actions
  • Endangered Species Act Counseling
  • Habitat Conservation Planning
  • Incidental Take Permits
  • Litigation
  • Natural Resource Damages
  • Permitting for New and Existing Sources
  • Proposed ESA Listings
  • Regulatory Development
  • Section 404 Consultations

Representative Client Work

Work closely with major groundfish fishing companies to advise on regulatory issues arising under the Magnuson-Stevens Fishery Conservation and Management Act related to catch share programs in the Bering Sea, Gulf of Alaska and Aleutian Islands fisheries off the shores of Alaska. These fisheries are among the largest and most productive in the world. In 2010, commerical fisheries caught 1.5 million metric tons (3,510,000,000 lbs.) of groundfish worth over $2 billion.
Lead coordinating counsel for multiple fishing industry parties in defense of a challenge under the Endangered Species Act (ESA) involving Steller sea lions by environmental groups to Bering Sea, Aleutian Islands, and Gulf of Alaska fishery management plans that threatened to shut down commercial fishing in large areas of the ocean off of Alaska. Greenpeace, American Oceans Campaign v. National Marine Fisheries Service, 237 F. Supp. 2d 1181 (W.D. Wash 2000), 106 F. Supp. 2d 1066 (W.D. Wash. 2000), 198 F.R.D. 540 (W.D. Wash. 2000), 80 F. Supp. 2d 1137 (W.D. Wash. 2000), 55 F. Supp. 2d 1248 (W.D. Wash. 1999).
This multi-year federal court litigation permanently and significantly changed how multi-million dollar trawl fisheries are conducted, but in a manner that allowed our clients to continue their successful fishing businesses.
Advising Alaskan companies and utilities on the potential business impacts of listing and recovery plans for Beluga whales and other marine species under the ESA and Marine Mammal Protection Act.
The listing of Cook Inlet Beluga whales as an endangered species poses challenges for commercial and industrial activities in the Cook Inlet area, one of Alaska’s most densely populated regions.
Advising a water district on ESA requirements, including ESA consultation process, that apply to reintroduction of a listed fish population and installation of a fish passage at its facility.
Listed species were reintroduced as a result of relicensing a downstream hydroelectric project, which resulted in the client facing fish passage concerns for the first time in the history of its project.
Represented conservation groups opposed to expansion of gravel mine adjacent to tributary of Lower Columbia that is home to eight threatened or endangered species.
Assisted lender with its foreclosure of loans involving properties with ESA issues.

Myles A. Conway

Myles Conway

Myles Conway has 24 years of practice experience working in the areas of real estate law, land use, public lands, environmental law and mining. Mr. Conway assists clients with real estate and development projects throughout the Pacific Northwest and Alaska. More

Jessica K. Ferrell

Jessica K. Ferrell
Jessica Ferrell is an accomplished first-chair trial lawyer and head of Marten Law’s Litigation Practice Group. She has 14 years of diverse courtroom and advisory experience and an extensive background in energy and environmental law and policy.

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Jennifer Hammitt

Jennifer Hammitt

Jennifer focuses her practice primarily on complex environmental litigation, including large-scale discovery. Jennifer works with clients on high profile, sensitive matters, providing both legal counsel and end-to-end strategic advice to bring even the most difficult cases to successful resolution. More

Kevin T. Haroff

Kevin Haroff

Kevin Haroff has represented Fortune 500 corporations, governmental entities, and private citizens in civil litigation, regulatory issues, and alternative dispute resolution matters for more than 30 years. More

Douglas W. MacDougal

Douglas W. MacDougal

Doug MacDougal has over 30 years of experience in water rights, natural resources, and real estate law. More

Merissa Moeller

Merissa Moeller

Merissa Moeller brings multi-faceted experience with environmental and land use matters, from her work for state and regional natural resources agencies, the private sector, and the courts. Those diverse experiences help Merissa to place complex legal issues in a real-world context to deliver practical solutions for clients. More

Alexa M. Shasteen

Alexa Shasteen

Alexa Shasteen’s practice focuses on environmental, natural resources, and land use litigation, as well as environmental and product compliance and permitting. More

Terry T. Uhling

Terry T. Uhling

Terry advises the firm and its clients on strategic and complex matters across the spectrum of issues that affect agribusiness, food processing, mining, water and other natural resources rights. He shares his time among each of the firm’s offices and is located in Sun Valley, Idaho. More

Sarah J. Wightman

Sarah Wightman

Sarah Wightman’s practice focuses on environmental, natural resources, and land use litigation and compliance, as well as product and environmental counseling. More

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

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).