Water, Environment & Land Use

Halverson Northwest provides the region’s broadest and most comprehensive water, environmental and land use practice.  We have assisted private and public clients in virtually every aspect of land use planning and environmental compliance.   Our attorneys have been leaders in matters of water adjudication and rights as well as resource planning.  We understand how the resource components fit in the context of business and real estate planning – from feasibility and land use analysis, to entity formation, financing, permitting and other entitlements. 

Most government bodies—federal, state, or local—have their own regulations, procedures, and practices.  Our administrative law practice focuses on interactions between the public sector and private sector; including government regulation, legislation, rulemaking, and administrative processes.

We believe understanding of principles of administrative law are critical to effectively representing clients in either the public or private sector.  

At Halverson Northwest, our attorneys have extensive experience in administrative matters including:

  • Review and planning with respect to permit applications
  • Administrative hearings and quasi-judicial processes
  • Contested administrative enforcement actions and proceedings
  • Public records requests, responses and litigation
  • Constitutional challenges to regulations, exactions and permit requirements
  • Condemnation and eminent domain negotiations, proceedings and litigation
  • Legislative planning and hearing processes

Our attorneys provide legal services primarily to businesses and individuals caught in the complex web of government rules, regulations, procedures and enforcement pertaining to areas such as environmental protection and regulation, water, land use and taxation (federal, state and local).  Our attorneys also advise government in matters of administrative processes and enforcement, hearings and procedures, and municipal agency authority.  

Halverson Northwest has applied its environmental and land use experience in litigation, when necessary.  Litigation takes place at all levels of state and federal courts, and before local hearing examiners and state administrative bodies such as the shorelines hearings board, the pollution control hearings board and the growth management hearings board.  

Legal representation also has included significant issues involving development exactions and requirements, environmental compliance and processes, zoning and subdivision regulation, regulatory takings, annexation and permit damage claims.  Our representation has included the following subject areas:  

  • Comprehensive Planning and GMA.   We have extensive experience in disputes involving comprehensive plans and Growth Management Act (GMA) issues.  We have represented public and private sector clients in all aspects of the planning and review process.  Litigation has included significant hearings before the growth management hearings board as well as appellate courts. 
  • Land Use Petition Act.   Our attorneys have been involved in literally hundreds of cases filed under the State’s Land Use Petition Act (the statute that sets standards for appeals of local permit decisions).  We have litigated land use petitions at all state court levels all the way up to the state supreme court.  We have prosecuted and defended LUPA actions in tribunals all over central and southeastern Washington. 
  • Administrative Processes.  Our attorneys have experience in contested proceedings before the pollution control hearings board and the shoreline management hearings board.  Litigation has included matters related to the Clean Water Act and Shoreline Management Act.  Representation has also included appearances in superior and appellate courts with respect to such administrative processes. 
  • Eminent Domain and “Takings” Litigation.  Our firm has been a leader in representation of property owners in matters of eminent domain, inverse condemnation and “takings” litigation.  Government regulation and actions often result in the loss of valuable use and property rights. 

Environmental regulations are constantly evolving with increasing impacts on virtually every public and private process.  Halverson Northwest has extensive experience in virtually every aspect of environmental regulation affecting all businesses.  A sound basis for representation in environmental matters requires not only background and experience in regulatory processes, but also the recognition of the changing nature of regulations, their interpretation and enforcement. 

Halverson Northwest has experience in the following:

  • Cleanup of contaminated sites
  • Contaminated soil, groundwater and sediments
  • Environmental due diligence
  • Financing contaminated properties
  • Government enforcement actions
  • Insurance coverage for environmental claims
  • Leaking underground storage tanks  
  • Project-related environmental impacts
  • Representations of Environmental Professionals
  • Shoreline regulations
  • Storm water regulation and permitting
  • Water quality
  • Wetlands and critical areas

Our experience and knowledge of ongoing environmental regulations served as a basis for representation on many types of environmental studies, plans, and permits, such as:

  • Cleanup action plans
  • Environmental Impact Statements
  • Environmental Site Assessments (Phase I and II)
  • Hydraulic and army corps permit approvals
  • NPDES and stormwater permits
  • Prospective purchaser agreements
  • Remedial investigation and feasibility studies
  • SEPA determinations
  • Shoreline permits
  • Wetland delineations
  • Wetland fill or alteration permits

Halverson Northwest has provided area businesses and property owners representation regarding environmental compliance and permits.  We have successfully assisted clients in obtaining environmental permits for business operations and development plans.  The permit application process allows regulatory agencies considerable discretion to place conditions and requirements on applicants.  The negotiation and implementation of permit conditions is essential to a successful project.  

Halverson Northwest specializes in land use, zoning and permitting.  We have extensive experience in virtually every aspect of land use permitting and entitlements.  Our attorneys provide a creative and strategic approach in developing the appropriate environmental review and permitting strategy whether the project is a straight-forward short plat or regional wind farm facility.  The practice has been diverse with planning, permitting and litigation experience. 

We represent owners, developers and interest groups.  Our representation has also included special use districts in municipal governments on both quasi-judicial and legislative planning.  

Halverson Northwest has experience in the following: 

  • Zoning and permit processes
  • State and local subdivision/platting applications
  • Environmental review under SEPA/NEPA
  • Conditional or unclassified uses
  • Federal and state wetlands regulation
  • Critical Area Ordinances
  • Shoreline management applications
  • Hydraulic permit applications
  • Building permits
  • Master use permits
  • Dedications and exactions
  • Transportation impact and analysis 

Halverson Northwest also has extensive experience in litigation arising from or related to land use, zoning and permitting processes.  Our experience includes:

  • Administrative hearings before planning commissions, boards of adjustment, hearings examiner and local legislative bodies
  • Land Use Petition Act (LUPA) appeals
  • Appellate proceedings before Court of Appeals and Supreme Court

Administrative appeals to Growth Management Hearings Board (GMHB) 

Halverson Northwest has also been an advocate of clients in the legislative planning process.  Representation has included matters regarding review and revision of comprehensive plans and zoning ordinances, applications for amendment of comprehensive plans, and active involvement in legislative planning processes. 

Halverson Northwest’s multi-disciplinary team of lawyers serves multi-sector clients in all aspects of real estate development including environmental, land use, tax, construction and real estate law.  Real estate development is an integrated and complex process.  We take pride in our ability to work with local jurisdictions, elected officials, property owners, lenders, agencies, and others to successfully complete the project. 


Land Use

Our attorneys are experienced and well regarded in matters of land use planning.  We have successfully advised development of commercial and retail shopping centers, industrial parks, master planned developments, institutional (medical) campuses, subdivisions and short plats and binding site plans. 


Environmental Law

Real estate development often presents significant environmental issues and requirements.  Our attorneys have extensive experience with environmental components of permit applications including State Environmental Policy Act (SEPA), Shoreline Management Act, Growth Management Act and related legislation.  We regularly assist clients in both due diligence and assessment of environmental risks and issues, including matters related to contaminated property, critical areas and wetlands. 


Real Estate

Our real estate attorneys provide knowledge and support to the purchase, sale, leasing, financing and development of all properties, including residential, office, industrial, retail, and multi-family properties. 


Tax

Real estate development is impacted by both federal and state tax considerations.  Our attorneys provide advice on tax implications related to real estate development, choice of entity issues and entity formation, property and sales tax considerations, valuation and related issues. 

Halverson Northwest has significant experience and expertise in the representation of irrigation districts, including several of the largest districts in the federal Yakima Basin Project. In addition to representing district interests in water rights adjudicatory and administrative matters, we serve as general counsel for many of these clients, offering strategic guidance in all aspects of governance and operations, including:

  • District formation and inter-local relations
  • Assessment and collection of patron fees
  • Employment law and labor relations
  • Acquisition and protection of title and use rights in real property, canals, pipelines and associated irrigation infrastructure
  • Funding, development and implementation of large-scale conservation and water quality initiatives in partnership with state and federal government agencies and other resource stakeholders

Halverson Northwest partners with both private and public sector clients in the acquisition, development and management of water rights. Water users require specialized strategic guidance at a time when water resources have become increasingly scarce and regulatory burdens have multiplied. Among other clients, we represent irrigation districts, canal companies, water user associations, farming and warehouse operations, real estate developers and individuals. Our clients’ success requires both specialized legal expertise and strong working relationships with major water resources stakeholders, including the Washington Department of Ecology, Indian tribes, municipalities and conservation organizations. Our diverse experience includes:

  • Representation of hundreds of clients in the 30+ year Acquavella adjudication of surface water rights in the Yakima River Basin
  • Identification, valuation and acquisition of surface and groundwater rights
  • Litigation and settlement of  water-related disputes among rights holders and landowners
  • Administrative applications through Ecology and Water Conservancy Boards to transfer and change water rights to new locations and uses
  • Development and use of water banks, trust water rights and similar mechanisms to mitigate for new residential and commercial uses in water-scarce areas
Yakima Office

405 E. Lincoln Ave
Yakima, WA 98901

PO Box 22550
Yakima, WA 98907

Phone: 509-248-6030
Fax: 509-453-6880

Sunnyside Office

910 Franklin Ave, Suite 1
Sunnyside, WA 98944

PO Box 210
Sunnyside, WA 98944

Phone: 509-837-5302
Fax: 509-837-2465

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