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Representative Environmental Law & Land Use Cases

Following is a representative list of environmental law and land use cases handled by our attorney, Bryan Telegin.

Friends of the Clearwater v. U.S. Forest Service, U.S. District Court, District of Idaho, Case No. 3:20-cv-00322 (2021)—successfully vacated federal approval of Idaho logging project for violation of Endangered Species Act.

Glenrose Association v, Spokane County, Washington Court of Appeals, Division III, Case No. 38376-8-III (2022)—overturned superior court’s wrongful dismissal of land use appeal, clarifying venue options available under Washington’s Land Use Petition Act (LUPA).

Idaho Conservation League v. Magar, U.S. District Court, District of Idaho, Case No. 3:12-cv-00337-CWD (2015)—successful Clean Water Act citizen suit challenging illegal discharges of sewage from Idaho mobile home park, including imposition of $100,000 civil penalty.

In re Appeal of Arborwood Critical Area Buffer Reduction, Kitsap County Hearing Examiner, Case No. 23-03375 (2024)—Successfully challenged county land use decision reducing wetland buffer for a 765-unit residential housing development in Kitsap County.

In re Appeal of Finn Hill 8 Short Plat, Kirkland Hearing Examiner, Case No. SUB-22-00036 (2023)—successful challenge of eight-unit housing development based on traffic impacts and wrongful use of abandoned easement.

Northwest Environmental Advocates v. U.S. Environmental Protection Agency, U.S. District Court, District of Oregon, Case No. 3:12-cv-01751-AC (2016)—Successfully set aside federal approval of inadequate and harmful water quality clean-up plans covering thousands of miles of Oregon rivers and streams.

Roskelley v. Washington State Parks & Recreation Commission, Washington Court of Appeals, Division II, Case No. 48423-4-II (2017)—obtained emergency restraining order against the cutting of old-growth forest habitat on Mt. Spokane.

Whidbey Environmental Action Network v. Growth Management Hearings Board, Washington Court of Appeals, Divisions I, Case No. 80093-1-I (2020)—successfully set aside inadequate Island County critical areas ordinance for failure to protect sensitive plant communities. 

Whidbey Environmental Action Network v. Growth Management Hearings Board, Washington Court of Appeals, Divisions II, Case No. 52923-8-II (2020)— set aside inadequate Island County critical areas ordinance for failure to protect western toad habitat. 

Winchester v. JSG1, LLC et al., Kitsap County Superior Court, Case No. 20-2-01539-18 (2023)—obtained $400,000 jury verdict for economic damages and emotional distress, and $800,000 additional damages, against land development company for wrongfully cutting down a single tree (timber trespass).

ZP#5 et al. v. Clark County, Clark County Superior Court, Case No. 23-2-021561-06 (2023) & Clark County Hearing Examiner Case No. SLR-2020-0009 (2023)—successfully challenged land use permit application for 72-acre gravel pit in Clark County before the Clark County Hearing Examiner, based on significant adverse noise, dust, and traffic impacts; later defeated the mine-owner’s appeal to superior court.