Robert R. Davis Jr.

Of Counsel | Seattle | 206.223.7079 | davisr@lanepowell.com

Areas of Practice

• Construction and Environmental
• Litigation
• Railroad and Mass Transportation

Professional Experience

• Seattle University, School of Engineering; Land Use and Environmental Law. January-March 1993
• Active duty – United States Marine Corps Reserve (1966-1969)
• Reserve duty – United States Marine Corps Reserve (1970-1990) Rank: Colonel (Ret.)

Admitted to Practice

• Washington
• West Virginia

Academics

• Stanford University (LL.B., 1966)
• Dartmouth College (A.B., 1963)

Practice Group and Specialty Team Memberships

• Construction and Environmental
• Land Use
• Litigation
• Railroad and Mass Transportation

Representative Matters and Clients

Representation of clients before judicial and administrative tribunals, principally on environmental matters, including:

• Applications, renewals, and appeals of permits issued pursuant to the federal NPDES permit program for industrial wastewater discharge for heavy industrial, and commercial facilities located in the Pacific Northwest and Alaska.
• Defense of civil enforcement actions as well as criminal actions brought against wastewater dischargers by EPA, U.S. Department of Justice or state agencies in Washington and Alaska.
• Permit matters and defense of enforcement actions under the federal Clean Air Act and state counterparts in Washington and Alaska.
• Hazardous waste cleanup matters for owners and operators of existing or closed sites pursuant to the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act and their state counterparts.
• Civil litigation between insurers and insureds over availability of insurance to cover cleanup costs of hazardous waste sites.
• Civil litigation involving condemnation of industrial property by Washington port district, 1996 and of railroad rights-of-way, 2002.
• Civil litigation involving personal injury and property damage from earth movement, landslides and floods on behalf of forest products companies and local governments.
• Civil litigation on behalf of major transcontinental railroad involving personal injuries and property damage claims arising from environmental contamination 1996-2001.
• Barci v. Intalco, 82 Wn.2d 152, 509 P.2d 656 (1972)
• Barci v. Intalco, 11 Wn. App. 342, 522 P.2d 1159 (1974)
• Liner v. Intalco, 11 Wn. App. 1007 (1974)
• Weyerhaeuser v. Dept. of Ecology, 86 Wn.2d 310, 545 P.2d 5 (1976)
• Freeman v. Intalco, 15 Wn. App. 677, 552 P.2d 214 (1976)
• Zieske v. Butz, 406 F. Supp. 258, 9 ERC 1061 (D. Aka 1975) modified 412 F. Supp. 1903 (D. Aka 1976)
• Doerflinger v. New York Life, 88 Wn.2d 878, 567 P.2d 230 (1977)
• Power v. Union Pacific Railroad, 655 F.2d 1380 (9th 1981)
• Georgia-Pacific v. U.S. Environmental Protection Agency, 671 F.2d 1235 (9th Cir. 1982)
• Simpson Tacoma Kraft Co. v. Department of Ecology, 119 Wn.2d 640, 835 P.2d 1030 (1992)

Publications

• “Nuisance,” Washington Desk Book on Real Property Chapter 106, March 1997; Supplement 2002 (Co-author)
• CLE International, Insurance: Coverage Availability Present & Past, March 9, 1990 and March 10, 1989 with Paul J. Lawrence of Preston Thorgrimson Ellis & Holman, Seattle
• EPA/University of Washington School of Law, Hazardous Waste Law and Management Conference Insurance: Update on Environmental/Hazardous Waste Claims, December 7 and 9, 1988
• Federal Bar Association of Western Washington, “Environmental Law for the General Practitioner: An Introduction and Recent Developments: in Current Developments in Federal Law and Practice for the General Practitioner, January 23, 1987
• American Bar Association Annual Meeting Program, Environmental Law Committee, Section of Torts & Insurance Practice, “Water Quality Issues” in EPAville Midstate Port District Industrial Development, August 10, 1982
• National Council for Air & Stream Improvement, fall program 1974; Recent Development in NPDES Permit Appeals Process, October 1974

Professional and Community Activities

• Member, Natural Resources Section, American Bar Association; Environmental and Land Use Law Section, Washington State Bar Association