Michael 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 36 years at the firm, 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 also has 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.
Experience
Representative Matters
Mike has counseled clients on:
- Defended two insurers in a Washington Model Toxics Control Act contribution lawsuit in which the plaintiff sought recovery of cleanup costs and natural resource damages
- Represented a commercial property owner seeking contribution under the Washington Model Toxics Control Act for cleanup costs associated with a fuel tank farm and asphalt plant
- Represented Nippon Paper Industries Co., Ltd. in environmental due diligence for the acquisition of a liquid packaging board plant
- Defended a retail gasoline marketer in actions involving cleanup of a former gas station property
- Allen v. Boeing Company
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
- Defended an oil company refinery in an enforcement action concerning a former landfill
Professional Highlights
Professional Activities
Washington State Bar Association, Environmental and Land Use Law Section
American Bar Association, Environment, Energy and Resources Section
U.S. Law Firm Group, Environmental Committee
Environmental Bankers Association, Affiliate Member, EBA Journal Committee
The Seminar Group's Annual Easements and CCRs Seminar, Co-Chair, 2012-Present
Recognition & Accomplishments
Chambers USA: America's Leading Lawyers for Business, Environment, 2008-2024
The Best Lawyers in America, Environmental Litigation, 2019-2025; Environmental Law, 2024-2025
Thomson Reuters, "Washington Super Lawyer," Environmental, 2012-2022
AV Preeminent in Martindale-Hubbell Peer Review Ratings
Speaking Engagements
"Understanding Public Easements: Case Law Update," The Seminar Group, April 4, 2024
Board Memberships & Community Service
Northwest Environmental Business Council Board of Directors, President, 2014-2024; Board Member, 2009-Present
Hopelink, Board Member, 2007-2014
Leadership Eastside, Board Member, 2008-2014, 2019-2024
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
Publications
“Washington Construction Law Deskbook,” Ch. 13: Environmental Considerations in Construction Projects, Washington State Bar Association, 2019
“Washington Real Property Deskbook,” 4th ed., Vol. 4, Ch. 5: Waste, & Vol. 6, Ch. 19: Nuisance and Trespass in Land Use Cases, Washington State Bar Association, 2009
Credentials
Education
Seattle University School of Law (J.D.)
Washington State University (B.A. cum laude)
Admissions
Washington
Oregon
U.S. District Court for the Eastern and Western Districts of Washington
U.S. District Court for the District of Oregon