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Mike

Michael A. Nesteroff

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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

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
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
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
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
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

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)

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

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

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