Attorneys
Lynne Cohee
Bradford Doll
Sarah Mack
James Tupper
Matthew Wells
James A. Tupper, Jr.  

Representative Matters

  • Industrial Stormwater General Permit. Represented private business in judicial review of PCHB decision on 2002 Industrial Stormwater General Permit. Assisted in drafting legislation (SB 6415) adopted in 2004 to resolve many of the issues on appeal. Continued work with Association of Washington Business on development of new Industrial Stormwater General Permit, including meetings with Ecology management, Governor’s Office, and legislative staff. Counsel for The Boeing Company in appeal of 2009 Industrial Stormwater General Permit (PCHB No. 09-140).
  • Boatyard Stormwater General Permit. Represented trade association in administrative appeal of the 2005 Boatyard Stormwater General Permit before the Pollution Control Hearings Board. Successfully negotiated settlement of appeal from decision of the PCHB.
  • Construction Stormwater General Permit. Assisted construction industry clients in development of 2005 Construction Stormwater General Permit. Successfully defended permit before the PCHB and on appeal to Superior Court.
  • Confined Animal Feeding Operation Stormwater General Permit. Represented dairy and cattle trade associations in defense of 2006 Confined Animal Feeding Operation Stormwater General Permit. The permit was affirmed in all respects by the PCHB in 2007.
  • Sand and Gravel Stormwater General Permit. Represented sand and gravel trade association in appeal and defense of 2006 general permit, resolving case through successful settlement negotiation.
  • Spokane River TMDL. Counsel for an Idaho local government and an industrial discharger on development of the Spokane River dissolved oxygen Total Maximum Daily Load water quality improvement plan and NPDES permits.
  • General and Individual NPDES Permitting. Counsel to a wide variety of private companies, trade associations, and local governments on permit development and compliance issues.
  • Groundwater Quality Protection. Counsel for water district in on-going efforts to control stormwater runoff and protect a drinking water aquifer, including administrative appeals before the PCHB.
  • Water Right Permitting. Represents private developers in defense of new water appropriation permits and direct streamflow augmentation mitigation programs. Represented Washington State University in defense of water right changes to enable consolidation of Pullman campus water system.
  • Land Use Permitting. Represented radio station owner in obtaining entitlements for new AM radio broadcast towers, and successfully defended permits on appeal in superior court. Counsel to solid waste companies seeking expansion of recycling, reuse, and materials recovery activities including permitting and authorization for sediment remediation projects.

Professional Activities

Member, Washington State Bar Association, Environmental & Land Use Law Section; Member, King County Bar Association Bench-Bar Conference Committee; Member, Editorial Board, Environmental & Land Use Law Newsletter, Washington State Bar Association; Member, King County Bar Association Volunteer Legal Services Committee; Participant, Washington Department of Ecology Lender Liability Working Group; Member, Washington Department of Ecology Sediment Management Standards Implementation Committee; Member, Washington Department of Ecology, Model Toxics Control Act External Work Group.

Prior Experience

Attorney, Stoel Rives, Seattle, Washington (2001-03); Member, Pollution Control Hearings Board and Shorelines Hearings Board (1994-2001); Senior Assistant City Attorney, City of Seattle (1991-1994); Associate, Davis Wright Tremaine, Seattle, Washington (1985-1991); Intern, National Veterans Law Center/Vietnam Veterans of America Legal Services, Washington, D.C. (1983-1985).

Education

J.D., Washington College of Law, American University, 1985; Dean’s Scholar.
B.A., Reed College, 1981.

Admissions

Washington State Bar Association
Supreme Court of the State of Washington
U.S. District Court for the Western District of Washington
U.S. Court of Appeals for the Ninth Circuit

Community Activities

President, Ailanga School Project,www.ailanga.com, a nonprofit formed to support education and environmental health in Tanzania. Trustee and corporate counsel, History Link, www.historylink.org (2003-Present).

 


James A. Tupper, Jr.

direct 206.493.2317
tupper@tmw-law.com

James Tupper focuses his practice on environmental law, with an emphasis on water quality, water resources, and shoreline development. James has successfully represented business associations and local governments in resolving complex disputes involving stormwater regulation and water resources policy. He frequently represents clients in matters before the Environmental Hearings Office, including shoreline management, water rights, and NPDES permit appeals. He also advises clients regarding hazardous waste cleanup issues in real estate development and financing. James served two terms on the Washington Pollution Control Hearings Board and Shorelines Hearings Board. Since 2006, James has been included on each year’s Washington Super Lawyers® list.

 
©2012 Tupper | Mack | Wells PLLC
The contents of this site are provided for informational
purposes only and do not constitute legal advice