Connected to clients, reaching a common goal.
 
 

Howard F. Jensen  
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Howard focuses his practice on real estate development. He has extensive experience handling the complexities associated with contaminated property, including litigating cost recovery actions, negotiating cleanup orders with federal, state, and local agencies, and securing regulatory closure for complex sites. As part of this practice, he counsels clients on the risks of buying and selling contaminated property and assists them in drafting contractual protection against such risks. When not working on contaminated sites, he advises clients on general real estate matters such as purchase and sale transactions, leases, construction contracts, easements and property management agreements.

 

Professional Highlights

Serves as outside environmental counsel to publicly traded corporations, including PACCAR and Cascade Natural Gas Corporation.

Represents national and regional development companies on real estate and environmental matters, including AvalonBay Communities, Lowe Enterprises, and Trammell Crow Residential.

Helps clients with all aspects of commercial and residential development projects, including purchase and sale negotiations, financing and title issues, construction contracts, tenant leases, and property management agreements.

Works extensively with federal and state cleanup laws including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Model Toxics Control Act (MTCA).

Negotiates Consent Decrees, Agreed Orders, and Enforcement Orders with federal and state regulators including the Environmental Protection Agency (EPA) and the Department of Ecology (Ecology).

Helps companies respond to CERCLA Section 104(e) information requests issued in relation to federal Superfund sites.

Counsels banks on risks of lending funds for development of projects on contaminated property and helps banks draft appropriate loan conditions to mitigate those risks.

Successfully litigates actions in court to recover costs spent to investigate and remediate contaminated properties.

Secures insurance coverage for clients facing significant cleanup liabilities.

Recognized as a "Super Lawyer" by Washington Law & Politics, a legal and professional publication, in 2004, 2005, 2006, and 2007.

Recognized as a "Rising Star" by Washington Law & Politics, each year from 2000 to 2004.

Admitted to practice before the Washington State Supreme Court, the United States District Court for the Western and Eastern Districts of Washington, and the United States Court of Appeals for the Ninth Circuit.

Professional and Community Activities

American Bar Association.

Washington State Bar Association.

Oregon State Bar Association.

King County Bar Association.

Selected Publications and Presentations

Speaker, "Working With Environmental Attorneys," management forum hosted by the Northwest Environmental Business Council, July 2006.

Speaker, "The Uniform Environmental Covenants Act," annual conference of Environmental and Land Use Law Section of the Washington State Bar Association, May 2006.

Speaker, "Cost Recovery Actions Under The Model Toxics Control Act," annual conference of Environmental and Land Use Law Section of the Washington State Bar Association, May 2004.

Author, 1997 and 1999 editions, Model Toxics Control Act Guidebook, Ogden Murphy Wallace, PLLC.

Speaker, "Environmental Law Update," annual conference of Washington State Association of Municipal Attorneys, June 1998.

Education

University of Washington School of Law, J.D., 1995. Member of Moot Court Honor Board.

Whitman College, B.A., 1991. Distinction in Major Course of Study.

Outside Interests

My son Noah was born in January 2004, and my son Eli was born on the same day in January 2006. I spend most of my free time instructing my sons how to avoid the pitfalls of litigation.

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© 2008 Hillis Clark Martin & Peterson, P.S.