Profile
James A. Tupper, Jr., focuses his legal practice on environmental law, with an emphasis on water resources, shoreline development and water quality. He has helped local governments and business associations to successfully resolve complex disputes over water resources policy and stormwater regulations.
Mr. Tupper counsels clients in cases involving hazardous waste cleanup and real estate development. He also represents clients before the Environmental Hearings Office in matters related to shoreline management, NPDES permit appeals and water rights.
Mr. Tupper graduated as a Dean's Scholar from the American University's Washington College of Law in 1985. He served two terms on the Shorelines Hearings Board and the Washington Pollution Control Hearings Board. Today, he is a partner at the law firm of Tupper Mack Brower Jensen Wells PLLC, in Seattle, Washington, and he is also a member of numerous professional associations and committees.
In addition to serving clients at his law firm, Mr. Tupper is the president of the Ailanga School Project, a nonprofit organization dedicated to furthering educational opportunities and environmental health in Tanzania. He also serves as trustee and corporate counsel for the HistoryLink organization.
About James Tupper, Jr.
Law School: American University Washington College of Law
Admitted: 1987, Washington
Professional Webpage: www.tuppermackbrower.com/James-Tupper.html
Bar/Professional Activity:
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Western District of Washington
- Supreme Court of the State of Washington
- Member, Washington Department of Ecology, Model Toxics Control Act External Work Group
- Member, Washington Department of Ecology Sediment Management Standards Implementation Committee
- Participant, Washington Department of Ecology Lender Liability Working Group
- Member, Volunteer Legal Services Committee, King County Bar Association
- Member, Editorial Board, Environmental & Land Use Law Newsletter, Washington State Bar Association
- Member, Bench-Bar Conference Committee, King County Bar Association
- Member, Washington State Bar Association, Environmental & Land Use Law Section
Pro bono/Community Service:
Representative Clients:
- Land Use Permitting. Represented radio station owner in obtaining entitlements for new AM radio broadcast towers, and successfully defended permits on appeal in superior court. Counsel to solid waste companies seeking expansion of recycling, reuse, and materials recovery activities including permitting and authorization for sediment remediation projects
- Water Right Permitting. Represents private developers in defense of new water appropriation permits and direct streamflow augmentation mitigation programs. Represented Washington State University in defense of water right changes to enable consolidation of Pullman campus water system
- Groundwater Quality Protection. Counsel for water district in on-going efforts to control stormwater runoff and protect a drinking water aquifer, including administrative appeals before the PCHB
- General and Individual NPDES Permitting. Counsel to a wide variety of private companies, trade associations, and local governments on permit development and compliance issues
- Spokane River TMDL. Counsel for an Idaho local government and an industrial discharger on development of the Spokane River dissolved oxygen Total Maximum Daily Load water quality improvement plan and NPDES permits
- Sand and Gravel Stormwater General Permit. Represented sand and gravel trade association in appeal and defense of 2006 general permit, resolving case through successful settlement negotiation
- Confined Animal Feeding Operation Stormwater General Permit. Represented dairy and cattle trade associations in defense of 2006 Confined Animal Feeding Operation Stormwater General Permit. The permit was affirmed in all respects by the PCHB in 2007
- Construction Stormwater General Permit. Assisted construction industry clients in development of 2005 Construction Stormwater General Permit. Successfully defended permit before the PCHB and on appeal to Superior Court
- Boatyard Stormwater General Permit. Represented trade association in administrative appeal of the 2005 Boatyard Stormwater General Permit before the Pollution Control Hearings Board. Successfully negotiated settlement of appeal from decision of the PCHB
- Industrial Stormwater General Permit. Represented private business in judicial review of PCHB decision on 2002 Industrial Stormwater General Permit. Assisted in drafting legislation (SB 6415) adopted in 2004 to resolve many of the issues on appeal. Continued work with Association of Washington Business on development of new Industrial Stormwater General Permit, including meetings with Ecology management, Governor’s Office, and legislative staff. Counsel for The Boeing Company in appeal of 2009 Industrial Stormwater General Permit (PCHB No. 09-140)
profile