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Michael A. Nesteroff Photo

Mike

Michael A. Nesteroff
Shareholder
Seattle
D 206.223.6242
C 206.331.6009
nesteroffm@lanepowell.com

Mike Nesteroff is a preeminent environmental lawyer with extensive experience representing clients in environmental litigation, agency negotiations, property acquisition and leasing issues, and counseling clients on risk and compliance. 

During his 31 years at Lane Powell, Mike has represented clients in litigation claims involving hazardous material investigations, cleanups and cost recovery at sites in Washington, Oregon and Alaska. He has obtained a several million-dollar cost recovery judgment on behalf of one client and a defense verdict in another cost recovery case. Mike has also represented clients in litigation involving public records and obtained a favorable court of appeals ruling on a previously-untested exemption in the Washington Public Records Act.

He regularly negotiates with agencies and private parties concerning stormwater permit and hazardous material reporting compliance issues, and advises clients on property transactions, including leasing, acquisition and redevelopment.

Chambers USA’s Guide to America’s Leading Lawyers for Business has listed Mike as a “Leading Lawyer” on Environment, recommending him for being “very well-tuned in to local opinions” that enables him to provide “strategic advice which is right-on.” He also has been described by clients as explaining “the legal process and possible outcomes in understandable terms,” and as being “very informed and easy to deal with. He put[s] things in layman’s terms. He’s very helpful, competent and knowledgeable. His skills and knowledge have been instrumental in a number of environmentally sensitive transactions.”

Mike is a frequent speaker on environmental due diligence, stormwater and real estate issues, and is an author of three chapters, and supplements, in the Washington Real Property Deskbook (4th ed.) on Energy Development, Waste, and Nuisance and Trespass in Land Use Cases; the Environmental Considerations chapter in the Washington Construction Law Deskbook; and annual supplements to Vol. 23 & 24 of Washington Practice: Environmental Law and Practice (2nd ed.).

Before joining Lane Powell, he was an award-winning television reporter at KOMO-TV in Seattle covering, among other things, the eruption of Mt. St. Helens.

Experience

  • Nippon Paper Industries Co., Ltd. Environmental Due Diligence
    Represented Nippon Paper Industries Co., Ltd. in environmental due diligence for acquisition of liquid packaging board plant
  • Oil Refinery Development Agreement
    Represented a North Dakota city in the drafting and negotiation of a development agreement for construction and operation of an oil refinery.
  • Property Cleanup Actions Defense
    Defended a retail gasoline marketer in actions involving cleanup of a former gas station property.
  • Allen v. Boeing Company
    Case No. 2:14-cv-00596U.S. District Court, Western District of Washington
    Defended Landau Associates, an environmental consultant under contract with Boeing, regarding investigation and remediation of a solvent plume that allegedly migrated in groundwater from Boeing’s Auburn facility into an adjacent residential neighborhood.
  • Landfill Enforcement Action Defense
    Defended an oil company refinery in an enforcement action concerning a former landfill.
  • Washington Industrial Stormwater General Permit Violations Settlement Negotiation
    Negotiated on behalf of manufacturing clients settlements with citizen environmental groups concerning alleged violations of the Washington Industrial Stormwater General Permit.
  • Washington Model Toxics Control Act Actions Defense
    Defended a former manufacturing facility in actions under the Washington Model Toxics Control Act (MTCA) by the Washington Department of Ecology and the former landlord.
  • Northwest Gas Association v. WUTC
    Case No. 141 Wn.App. 98, 168 P.3d 443, rev. denied, 163 Wn.2d 1049
    Lead counsel for natural gas and liquids pipeline clients concerning applicability of the Washington Public Records Act terrorism exemption.
  • Energy Company Real Estate Transaction
    Represented an energy company in a real estate transaction involving numerous hazardous waste, water, air and tribal issues.
  • Van Buskirk v. ConocoPhillips, Inc.
    Case No. 2009 WL 3784334U.S. District Court, Western District of Washington
    Obtained summary dismissal of property owner beach erosion claims against an oil company refinery
  • Washington State Children's Safe Product Act Ecology Notice Response
    Represented a retail client in responding to an Ecology notice regarding Washington state's Children's Safe Product Act.
  • CERCLA/Oregon Hazardous Substance Act Defense
    Defended bank trustee in a CERCLA/Oregon hazardous substance act lawsuit, and ODEQ consent order concerning a former leather tannery.
  • Environmental Permits Review
    Conducted a review of environmental permits for a lender regarding a large electrical generating facility.
  • Environmental Cost Recovery Action
    Recovered $4M judgment in Alaska environmental cost recovery action.
  • Washington Model Toxics Control Act Defense
    Obtained $135,000 defense judgment in Washington Model Toxics Control Act (MTCA) cost recovery action.
  • California Co-Generation Plants Power Dispute
    Represented California operator of co-generation plants in recovery of payments owed by California utilities during the California energy crisis.
  • Olympic Pipeline Company Environmental Issues
    Advised Olympic Pipeline Company on environmental issues, including natural resource damages, restoration planning and Endangered Species Act, concerning the Bellingham pipeline explosion.

Professional Experience

KOMO-TV, Television Reporter
 

Community Involvement

Washington State Bar Association, Environmental and Land Use Law Section, Member

King County Bar Association, Environmental Law Section, Member

American Bar Association, Environment, Energy and Resources Section, Member

U.S. Law Firm Group, Environmental Committee, Member

Northwest Environmental Business Council Board of Directors

  • President (2014-Present)
  • Board Member (2009-Present)

Eastside Heritage Center, Board Member (2015-Present)

The Seminar Group’s Annual Easements and CCRs Seminar, Co-Chair (2012-present)

Western States Petroleum Association Northwest Associates, Board Member (2010-2015)

Hopelink, Board Member (2007-2014)

Leadership Eastside, Board Member (2008-2014)

Seattle Country Day School, Trustee (2007-2013)

Lawyerpalooza Organizing Committee, Chair (2003-2009)

Leadership Eastside Training Program, Class of 2009

Seattle Country Day School Parent Council, President (2006-2007)

Seattle University Law School Alumni Board of Governors (2002-2006)

Children’s Institute for Learning Differences, Trustee (1998-2004)

American Federation of Television and Radio Artists (1980-1988)

National Academy of Television Arts and Sciences, regional EMMY Recipient (1981-1982)
 

Thought Leadership

  • August 18, 2022News

    The Best Lawyers in America© 2023 Recognizes 90 Lane Powell Attorneys

    Awards & Honors
  • July 14, 2022News

    Forty-four Lane Powell Attorneys Recognized by Super Lawyers in Washington for 2022

    Awards & Honors
  • June 1, 2022News
    Lane Powell Again Ranked Among Top Firms in 2022 Chambers® USA
    Awards & Honors
  • January 4, 2022Publication
    Oregon’s Real Estate ‘Love Letter’ Law Takes Effect as Court Challenge Awaits
    Real Estate Legal Update
  • October 26, 2021Publication

    Washington State Designates PFAS 'Forever Chemicals' as Hazardous Substances

    Construction & Environment Legal Update
  • August 19, 2021News
    The Best Lawyers in America© 2022 Recognizes 90 Lane Powell Attorneys
    Awards & Honors
  • July 22, 2021Event / CLE
    Environmental Equity
    Association of Washington Business | Tacoma, Washington
  • July 15, 2021News
    Forty-Three Lane Powell Attorneys Recognized by Super Lawyers for 2021
    Awards & Honors
  • May 20, 2021News
    Lane Powell Again Ranked Among Top Firms in 2021 Chambers® USA
    Awards & Honors
  • March 2, 2021Publication
    Panel Split on Washington Court of Appeals Ruling Reflects Differing Approaches to Addressing Racially-Restrictive Covenants in Property Records
    Real Estate Legal Update
  • December 18, 2020Publication
    Oregon Gov. Kate Brown’s Executive Order to Reduce Greenhouse Gas Emissions Survives First Legal Challenge
    Construction & Environment Legal Update
  • November 13, 2020Event / CLE
    Case Law Update
    The Seminar Group 9th Understanding Public Easements Seminar | Virtual
  • November 10, 2020Event / CLE
    Access, Equity and Inclusion
    Association of Washington Business’ Housing Forum Fall Series | Virtual
  • November 6, 2020Publication
    Exide Bankruptcy Highlights Limitations on Environmental Exception for Abandonment
    Construction & Environment Legal Update
  • October 8, 2020Publication
    Washington State Agencies Solicit Public Comment on Draft PFAS Chemical Action Plan and Issue Proposed PFAS Drinking Water Action Levels
    Construction & Environment Legal Update
  • September 22, 2020Publication
    Washington Supreme Court Rules Lessee Seeking Equitable Grace Period to Exercise Option to Purchase Must Have Made Valuable Permanent Improvements
    Real Estate Legal Update
  • September 1, 2020Event / CLE
    Land Use Law: Current Issues in Subdivision, Annexation and Zoning
    National Business Institute | Webinar
  • August 20, 2020News
    The Best Lawyers in America© 2021 Recognizes 92 Lane Powell Attorneys
    Awards & Honors
  • July 16, 2020News
    Thirty-Two Lane Powell Attorneys Recognized by Super Lawyers in Washington for 2020
    Awards & Honors
  • April 7, 2020Publication
    Washington State Construction Stormwater General Permit Compliance in the Midst of a Global Pandemic
    COVID-19 Resource
  • March 27, 2020Publication
    Federal and State Environmental Regulators Relax Compliance Requirements
    COVID-19 Resource
  • March 26, 2020Publication
    Environmental Due Diligence Carries on, With Limitations, During the COVID-19 Pandemic
    COVID-19 Resource
  • March 24, 2020Publication
    COVID-19 Leads to New Force Majeure & Closing Addenda to Real Estate Purchase and Sale Agreements
    COVID-19 Resource
  • March 20, 2020Publication
    Distillers Switching to Hand Sanitizer Production to Combat the COVID-19 Pandemic Catch a Break From Regulators
    COVID-19 Resource
  • February 5, 2020Event / CLE
    Environmental Issues for Trusts & Estates
    King County Bar Association Real Property, Probate & Trust Law Section Meeting | Seattle
  • November 19, 2019Event / CLE
    Internal Investigations: The When, The Why and How
    Washington Public Ports Association CLE | Tacoma, Washington
  • August 15, 2019News
    The Best Lawyers in America© 2020 Recognizes 63 Lane Powell Attorneys
    Awards & Honors
  • June 10, 2019News
    Thirty-one Lane Powell Attorneys Named ‘Washington Super Lawyers’ and Nine Named ‘Washington Rising Stars’
    Awards & Honors
  • April 26, 2019News
    Lane Powell Again Ranked Among Top Firms in 2019 Chambers® USA
    Awards & Honors
  • March 15, 2019Publication
    Will the IRS Include Brownfields Properties in Its Opportunity Zone Regulations?
    Tax Reform Legal Update
  • March 8, 2019Publication
    Washington Construction Law Deskbook
    Washington State Bar Association
  • October 22, 2018Event / CLE
    Avoid Pitfalls of Social Media – A Legal Perspective
    Building Owners and Managers Association | Bellevue, Washington
  • September 26, 2018Event / CLE
    Current Issues in Washington Commercial Real Estate
    Building Owners and Managers Association | Seattle
  • August 15, 2018News
    The Best Lawyers in America© 2019 Recognizes 62 Lane Powell Attorneys
    Awards & Honors
  • June 18, 2018News
    Thirty-two Lane Powell Attorneys Named ‘Washington Super Lawyers’ and 14 Named ‘Washington Rising Stars’
    Awards & Honors
  • June 8, 2018Event / CLE
    Construction Law Section Annual Seminar
    Washington State Bar Association | Seattle
  • June 1, 2018Publication
    Washington Supreme Court Clarifies MTCA “Owner or Operator” Liability Status
    Construction & Environmental Legal Update
  • May 11, 2018Publication
    Washington Wineries Facing Wastewater Permit Requirements
    Food, Beverage & Hospitality Legal Update
  • May 3, 2018News
    Lane Powell Again Ranked Among Top Firms in 2018 Chambers® USA
    Awards & Honors
  • April 27, 2018Event / CLE
    Risk Management of Fuel Releases: Toxicity, Biodegradation and Metabolites Technical Seminar
    Northwest Environmental Business Council | Seattle
  • February 7, 2018Publication
    Sweating the Details: It’s the Things You Overlook That Can Come Back to Bite
    Food, Beverage and Hospitality Legal Update
  • January 26, 2018Publication
    New Washington State Petroleum Cleanup Program May Speed Up Opinion Letter Process
    Construction and Environmental Legal Update
  • December 28, 2017Publication
    Proposed Marijuana Farm Raises Scope of Oregon’s Right-to-Farm Law
    Real Estate Legal Update
  • December 21, 2017Publication
    Washington Supreme Court Upholds Investigation Costs as a Remedial Action Under the Model Toxics Control Act But Restricts Recovery of Cleanup Costs
    Construction and Environmental Legal Update
  • September 14, 2017Publication
    Ninth Circuit Rules Settling a Non-CERCLA Environmental Claim Can Trigger the Time-Period to Bring a CERCLA Contribution Claim
    Construction Legal Update
  • June 9, 2017News
    Thirty-one Lane Powell Attorneys Named ‘Washington Super Lawyers’ and 16 Named ‘Washington Rising Stars’
    Awards & Honors
  • May 30, 2017News
    Chambers® USA  Recommends Lane Powell in Multiple Categories for 2017
    Awards & Honors
  • November 4, 2016Event / CLE
    5th Annual Easements and CCRs in Washington Conference
    The Seminar Group | Seattle
  • November 2, 2016Event / CLE
    Environmental Legal Update
    Northwest Environmental Business Council | Seattle
  • Sep 2016Publication
    Environmental Law and Practice – 2016 Pocket Part
    Washington Practice, Second Edition, Volumes 23 and 24
  • May 27, 2016News
    Chambers® USA Recommends Lane Powell in Multiple Categories for 2016
    Awards & Honors
  • May 26, 2016Event / CLE
    Current Issues in Washington Commercial Real Estate
    Building Owners and Managers Association | Seattle
  • May 9, 2016Publication
    Navigating Environmental Regulations: Tips for Staying in Compliance
    Seattle Business Magazine
  • March 22, 2016Event / CLE
    Environmental Due Diligence
    Law Seminars International
  • March 9, 2016Event / CLE
    Managing Stormwater in Washington
    Northwest Environmental Business Council | Tacoma, Washington
  • February 2, 2016News
    Twenty-five Lane Powell Attorneys and 11 Practice Groups Recommended in Chambers® USA 2016
    Awards & Honors
  • January 26, 2016Publication
    Washington State Court of Appeals Holds Vested Permit Applications Are Not Subject to New Municipal Stormwater Requirements
    Environmental Legal Update
  • January 22, 2016Event / CLE
    Environmental Due Diligence
    Law Seminars International | Seattle
  • December 10, 2015Publication
    Stormwater Permits Are Not One Size Fits All
    Environmental Legal Update
  • November 20, 2015Event / CLE
    Tax Incentives, Development Rights and Dedications of Historic Easements
    Seminar | Seattle
  • September 22, 2015Publication
    Washington State Department of Ecology Starts Rulemaking Process for Regulating Carbon Emissions
    Environmental Legal Update
  • June 12, 2015News
    Thirty-two Lane Powell Attorneys Named ‘Washington Super Lawyers’ and 11 Named as ‘Washington Rising Stars’
    Awards & Honors
  • May 21, 2015News
    Chambers® USA Recommends Lane Powell in Multiple Categories for 2015
    Awards & Honors
  • March 11, 2015Event / CLE
    ‘Stump the Lawyers’ — Answers to Your Stormwater Questions
    Northwest Environmental Business Council | Tacoma, Washington
  • February 11, 2015News
    Twenty-one Lane Powell Attorneys and 11 Practice Groups Recommended in Chambers® USA 2015
    Awards & Honors
  • December 29, 2014News
    Nesteroff Elected President of Northwest Environmental Business Council Board of Directors
  • December 10, 2014Event / CLE
    Spills and Emergency Response Preparedness
    Environmental Conference and Tradeshow | Portland, Oregon
  • November 26, 2014Publication
    Your Contract May Not Be as Confidential as You Think: Another Lesson in Safeguarding Trade Secrets in Government Procurement
    Construction Legal Update
  • November 13, 2014Event / CLE
    Current Issues in Washington Commercial Real Estate
    Building Owners and Managers Association | Seattle
  • October 30, 2014Event / CLE
    Peculiarities of Unique Easements
    Easements in Washington | Seattle
  • October 1, 2014Event / CLE
    Hot Topics and Key Issues in Washington Construction Law
    Lane Powell Seminar | Seattle
  • August 28, 2014Event / CLE
    Environmental Issues in Real Estate Transactions
    Real Estate Law | Seattle and Tacoma, Washington
  • July 15, 2014Publication
    Oregon’s Statute of Repose May Block Common Law Environmental Claims
    Lane Powell White Paper
  • June 13, 2014News
    Thirty-five Lane Powell Attorneys Named ‘Washington Super Lawyers’ and Fifteen Named as ‘Washington Rising Stars’
    Awards & Honors
  • June 3, 2014News
    Chambers® USA Recommends Lane Powell in Multiple Categories for 2014
    Awards & Honors
  • June 2, 2014Event / CLE
    Environmental Liabilities in Commercial Leases
    Commercial Leases | Seattle
  • March 5, 2014Event / CLE
    Legal and Risk Issues for Stormwater Permittees
    Northwest Environmental Business Council | Seattle
  • March 4, 2014Publication
    New Rules Provide More Detail in Phase I Environmental Site Assessments
    Community Banker magazine
  • January 29, 2014News
    Twenty-two Lane Powell Attorneys and 12 Practice Groups Recommended in Chambers® USA 2014
    Awards & Honors
  • June 14, 2013News
    Thirty-Six Lane Powell Attorneys Named ‘Washington Super Lawyers’ and Sixteen Named as ‘Washington Rising Stars’
    Awards & Honors
  • June 13, 2012News
    28 Lane Powell Attorneys Named ‘Washington Super Lawyers;’ 12 Named as ‘Washington Rising Stars’
    Awards & Honors
  • July 20, 2010News
    58 Lane Powell Attorneys Listed as Top Lawyers in Seattle Metropolitan Magazine
    Awards & Honors
  • Awards_2023 Best Lawyers America
  • Chambers USA Leading Lawyer 2022
  • Washington Super Lawyers 2022

Practices & Industries

  • Commercial Litigation
  • Construction
  • Food, Beverage & Hospitality
  • Government Law
  • Nonprofit & Social Enterprise
  • Real Estate

Education

  • Seattle University School of Law, J.D.
  • Washington State University, B.A., cum laude

Admissions

  • Washington
  • Oregon
  • U.S. District Court, Eastern and Western Districts of Washington
  • U.S. District Court, District of Oregon

Honors

Chambers® USA: America’s Leading Lawyers for Business, Environment (2008-2022)

The Best Lawyers in America©, Environmental Litigation (2019-2023)

"Washington Super Lawyer," Thomson Reuters, Environmental (2012-2022)

AV Preeminent® in Martindale-Hubbell® Peer Review Ratings™

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