MICHAEL R. THORP

Environmental Litigation and Regulation/Natural Resources
(206) 676-7000

Practice: Mike Thorp’s practice includes a broad range of environmental litigation and regulation as well as natural resource experience.

Experience: Mike has tried cases in both federal and state courts and has handled regulatory matters involving natural resource damage claims, Endangered Species Act matters, matters involving salmon and steelhead as well as other fish resources, toxic tort suits including class actions, state and federal Superfund, RCRA, Clean Water Act, Clean Air Act, water rights and issues dealing with natural resources owned or claimed by Indian Tribes.

Representative Experience:

• Natural Resource Damage Litigation. Representation of a major mining and smelting company in natural resource damage litigation filed by the United States and an Indian Tribe in federal district court in Idaho. The trial concluded after 76 trial days, 88 witnesses and 2,000+ exhibits.
• Federal Superfund Cost Recovery Litigation. Representation of a major U.S. mining company in a Superfund cost recovery action involving a former uranium mine. Successfully recovered one third of the cost of remediation on a counterclaim against the United States.
• State Superfund Cost Recovery Litigation. Representation of the City of Seattle, Washington in state Model Toxics Control Act litigation regarding portions of the Duwamish Waterway.
• Federal and State Superfund Sites. Participation in over 50 state and federal Superfund sites around the United States, including negotiation of orders and consent decrees.
• Natural Resource Damage Actions. Representation of companies in natural resource damage actions across the country including New York, Idaho, Washington, California, Colorado, Utah, Montana, Oklahoma, Kansas and Missouri.
• Toxic Tort Actions. Representation of clients in toxic tort suits, including class actions, involving claims for property damage and loss of value, personal injury, and medical monitoring in Washington State, Montana, Idaho, Oklahoma, Texas and Nebraska.
• Appeals. Represented clients in appeals before the United States Supreme Court, Courts of Appeal for the Ninth, Tenth and Federal Circuits, Washington Supreme Court and Washington Court of Appeals.
• Endangered Species Act. Representation of Indian Tribe in case brought by a water district and the State of Nevada to stop releases from a federal reservoir for fish spawning purposes.

Education: University of Washington (B.A., History, 1968); Gonzaga University School of Law (J.D., magna cum laude, 1974).

Admissions: Mike is admitted to practice in the states of Washington and New York.

Other Experience:

• Mike is currently certified as having completed the 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training course consistent with WAC 296-62-30425 and OSHA 29 CFR 1910.120.
• Captain, United States Marine Corps (1968-71).

Publications:

• Michael R. Thorp, Handbook of the Law of Natural Resource Damages (2004)
• Barbara J. Goldsmith & Michael R. Thorp, Digging Up NRD: Issues In The Application of CERCLA’s Natural Resource Damages (NRD) Provisions to Historic Mining Sites, 50 Rocky Mt. Min. L. Inst. 15-1 (2004)
• Michael R. Thorp & Kristen Bamford Wynne, The Coeur d’Alene Case: Breathing New Life Into Old Defenses, 17 Natural Res. & Env’t. 158 (Winter 2003)

Speaking Engagements: Natural Resource Damages: Policy and Practice Seminar, January 26-27, 2012.