Notable Cases

CLEARCUTTING/FLOODING DAMAGES

Problem:	Developer clearcuts hillside, causing flooding which damages downhill property owner.
Action:	John Karpinski filed suit against contractor and property owner, alleging violation of state common law drainage rules.
Result:	Washington Supreme Court requires for the first time that uphill property owners must act reasonably to avoid damaging downhill/downstream property owners; changing Washington's common law of 103 years. On remand, settlement paid to property owner. Currens v. Sleek, et al., 138 Wn.2d 858, 983 P.2d 626 (1999)

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CLEAN WATER PROTECTIONS

Problem:	Clark County, Washington's Salmon Creek Sewage Treatment Plant had multiple violations of its Clean Water Act permit for discharges into Salmon Creek, a salmon bearing stream.
Action:	John Karpinski filed suit on behalf of local environmental group to stop the discharges in violation of the Clean Water Act.
Result:	Settlement Agreement reached, in which plant expanded, cleaned up, with an agreed moratorium on future sewage plant hookups if repeated violations of the Clean Water Act occurred. This settlement was cited in: `The Most Creative Moments In the History of Environmental Law: "The Whats"' by Williams H. Rodgers, Jr., University of Illinois Law Review, Volume 2000, #1.

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Problem:	Clark County, Washington failed to get a Clean Water Act permit for its 100+ stormwater system facilities.
Action:	John Karpinski, on behalf of local environmental group, sues to compel Clark County to obtain permit under Clean Water Act.
Result:	U.S. District Court holds Clark County in violation of the Clean Water Act for failure to get a permit. Case then settles with permit obtained, additional environmental ordinances adopted, additional stormwater code enforcement staff hired, and money set aside for endangered pond turtle habitat on Salmon Creek. (U.S. District Court #C98-5271).

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SPOTTED OWL

Problem:	Some environmental groups agreed to lift injunction to allow continued logging of old growth trees in the Pacific Northwest in a settlement with the Justice Department in the spotted owl case.
Action:	John Karpinski, on behalf of Native Forest Council, requests that Judge Dwyer to keep injunction prohibiting logging of ancient trees in place.
Result:	Injunction unfortunately lifted, clearcutting of old growth timber continues.

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SALMON PROTECTION

Problem:	The U.S. government, through National Marine Fisheries Service, fails to create salmon and steelhead protection rules required under the Endangered Species Act.
Action:	John Karpinski, on behalf of a variety of environmental groups, and with Earthjustice Legal Defense Fund, filed suit to force drafting of the salmon protection rules.
Result:	Settlement entered, and salmon protection rules, (called the "4(d)" rule), passed into law.

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Problem:	Developer wanted to cut trees next to the best salmon spawning round on the mainstem of the Columbia River.
Action:	John Karpinski, on behalf of local environmental group, appeals developer's tree-cutting permit.
Result:	Karpinski gets City of Vancouver to apply SEPA to City's Tree Protection Ordinance for the first time, halting tree cutting. Tree permit then denied; property subsequently purchased for environmental learning center.

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BLASTING DAMAGES

Problem:	Developer building homes on rocky hillside uses explosives to remove and sell rock, damaging nearby residents.
Action:	John Karpinski, on behalf of damaged property owners, files suit, also requests City of Washougal adopt strict blasting regulations.
Result:	One lawsuit settled (confidential settlement), another still pending. Washougal drafts and passes what appears to be the strictest blasting regulations in the State of Washington.

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PUBLIC RECORD/FREEDOM OF INFORMATION ACT

Problem:	Clark Public Utilities "CPU" built a gas powered power plant in Clark County, Washington without subjecting the plant to a public vote for plants over 250 MW. Citizens group asks for GE technical documents to prove whether plant generated over 250 MW, CPU refuses.
Action:	John Karpinski represented ratepayers group in lawsuit to obtain documents.
Result:	After trial and Court of Appeal fail to require release, Washington Supreme Court unanimously holds that when a public agency uses private documents, those documents become public records. On remand, the Court orders release of over 900 documents, including documents indicating the power plant generates 253.76 MW. Utility agrees to pay attorneys fees and statutory penalties. Concerned Ratepayers Ass'n v. Public Util Dist. No. 1, 138 Wn.2d 950, 983 P.2d 635 (1999).

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COVENANTS, CONDITIONS AND RESTRICTIONS ("CC&R") ENFORCEMENTS

Problem:	Property owner wishes to subdivide land in violation of CC&Rs. County approves subdivision.
Action:	John Karpinski sues on behalf of neighbors to prevent construction.
Result:	Court permanently enjoins further subdivision of land in violation of CC&Rs.

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Problem:	Developer tried to force elderly property owner to cut down trees and shrubs in Bald Eagle Protection zone in San Juan County under ambiguous CC&Rs.
Action:	John Karpinski defended property owner against developer's lawsuit.
Result:	CC&Rs overturned as improperly adopted, substantial attorney fees awareded to property owner.

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Problem:	Developer tries to break promises not to further subdivide land below a certain size in subdividion, sues to overturn Amendment of CC&Rs to enforce his own promises.
Action:	John Karpinski sues on behalf of Homeowner's Association to enforce ammended convenants.
Result:	CC&R Amendment withstands withering attack from developer; developer settles for neighborhood friendly larger lot development.

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OPPOSITION TO DEVELOPMENT PROPOSALS


	Toxic Gas Facilities		Subdivisions
	Landfills		Road Projects
	Airports		Gravel Pits
	Cell Phone Towers		Developer Misrepresentations
	Power Lines		Underwater Gas Pipelines

TOXIC GAS FACILITIES

Problem:	Union Carbide decides to build toxic gas plant facility in Washougal, Washington, proposing to produce a majority of the world's supply of arsine and phosphine gasses, shortly after the Bhophal, India disaster.
Action:	John Karpinski represents local environmental group opposing plant construction.
Result:	Project withdrawn after Washington Department of Ecology requires disclosure of all alternative sites for the toxic gas plant, upon group's request.

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LANDFILLS

Problem:	Klickitat County wants to build regional landfill to accept a substantial amount of Puget Sound solid waste without adequate mitigation. EIS done for landfill, but not for importation of waste.
Action:	John Karpinski on behalf of local environmental group, requests Environmental Impact Statement on the change in Klickitat County Solid Waste Plan which allows shipping of over 1 billion pounds a year of solid waste into Klickitat County, Washington.
Result:	Court requires second Environmental Impact Statement on importation issues. Settlement entered thereafter, committing landfill to spend substantial sums to purchase wildlife habitat areas to be preserved in perpetuity by private land trust.

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Problem:	Clark County wanted to develop county landfill at the site of current landfill within 5 feet of the county's only source of drinking water.
Action:	John Karpinski represented neighborhood group in opposing landfill.
Result:	County withdraws proposal to build landfill, and decides to ship garbage to less environmentally sensitive location (Boardman, Oregon) for disposal.

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AIRPORTS

Problem:	Clark County, Washington proposes to build a jet airport near the Ridgefield National Wildlife Refuge, and between the refuge and the LaCenter Bottoms, an important wildlife habitat feeding area.
Action:	John Karpinski, on behalf of neighborhood association, asks the Federal Aviation Administration for a Federal Environmental Impact Statement on the proposed airport.
Result:	After receiving inquiries from area Congresswoman and Senator as to why an EIS was not done for the airport, FAA decides to require EIS under federal law, NEPA. Clark County withdraws proposal.

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CELL PHONE TOWERS

Problem:	Clark County has no rules regarding cell phone tower placement. Developer proposes cell phone tower in a location that causes view blockage and health concerns from nearby neighbors. County staff recommends approval.
Action:	John Karpinski, on behalf of affected neighbors, urges project mitigation or denial under various legal theories.
Result:	Hearing Examiner initially denies project and remands. Examiner approves project on remand. Upon appeal, County Commissioners and Superior Court upheld approval. Settlement entered into before Court of Appeals; cell tower not built. County adopts moratorium over further cell towers, and adopts a protective ordinance.

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SUBDIVISIONS

Problem:	Developers, fearing potential Growth Board moratorium over illegal Clark County growth, apply to develop over 2,700 single family homes in the 164th Avenue corridor in Clark County, Washington, overwhelming the road and school systems.
Action:	John Karpinski, on behalf of a neighborhood group, requests project denial/mitigation regarding roads and schools.
Result:	One Clark County Hearing Examiner denies approximately 2000 homes, another approves approximately 700 homes. County Commissioners reverse, approving all homes. Hearing Examiner who denied projects resigns. On appeal to Clark County Superior Court, settlement, with developers building a new elementary school in area at their expense.

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Problem:	Developer proposes subdivision in geologically hazardous area in Kelso, Washington.
Action:	John Karpinski, on behalf of neighboring property owner, asks for detailed geological study of development proposal.
Result:	City of Kelso's Planning Commission requires what is believed to be the first ever Environmental Impact Statement in Kelso history, on geological stability. Kelso suffers major landslides in adjacent area shortly thereafter.

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ROAD PROJECTS

Problem:	Proposed apartment complex could connect roads turning quiet neighborhood streets into major north/south arterial.
Action:	John Karpinski, on behalf of neighborhood association, opposes road connection.
Result:	Vancouver City Council overturns staff requirement that road be connected; connecting road not built.

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GRAVEL PITS

Problem:	Developers propose two gravel pits in Skamania County, Washington without adequate environmental review or mitigation.
Action:	John Karpinski, on behalf of a group of neighboring property owners, requests Skamania County withdraw their environmental decision and require an EIS for both the gravel pit proposals.
Result:	Skamania County withdraws DNS and requires EIS for first gravel pit, upheld on appeal by Skamania County Commissioners. This was the second EIS in Skamania County history. The second gravel pit proposed for the area also was required to do an EIS. (Third EIS in Skamania County). Projects dormant, but not officially withdrawn.

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Problem:	Cowlitz County Gravel Pit operator tries to expand in a manner potentially hazardous to neighbors.
Action:	John Karpinski overturns approval of gravel pit expansion; substantial conditions to protect neighbors imposed.
Result:	Substantial protective conditions imposed; pit operators' appeals denied, attorney fes granted to neighbors. J.L. Storedahl & Sons, Inc. v. Cowlitz County, 125 Wn.App. 1 (2005).

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DEVELOPER MISREPRESENTATIONS

Problem:	Developer promises home buyers golf course view lots, fails to build golf course.
Action:	John Karpinski, on behalf of home owners, sues developer.
Result:	(Confidential Settlement reached). Golf course later built, but further away.

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Problem:	Purchaser of new "Parade of Homes" home finds home and garage sinking; apparently built on unconsolidated fill.
Action:	John Karpinski files suit on behalf of home owner.
Result:	Settlement reached. Developer buys out homeowner.

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POWER LINES

Problem:	Local power company tries to place new power lines in a way to block views of Columbia River, affecting homeowners and tourism.
Action:	John Karpinski, on behalf of neighborhood group, sues to block or mitigate power line construction.
Result:	Lawsuit to require burying power line lost, but arguments so persuasive power company buries worst part of power line anyway.

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UNDERWATER GAS PIPELINES

Problem:	Williams Company wants to build underwater natural gas pipe between U.S. & Canada, a portion of which goes through a San Juan County Underwater Natural Area.
Action:	John Karpinski, on behalf of local environmental group, appeals approval of project's shoreline proposal.
Result:	Appeal of Hearing Examiner's Decision to grant the permit reversed by San Juan County Commissioners. Project is withdrawn.

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GROWTH MANAGEMENT ACT ("GMA")


	Wildlife Habitat/ Critical Areas Protections		Archaeological Protections
	Transportation/ Concurrency		Land Swaps
	Urban Growth		Clean Water
	Rural and Resource Lands Protections

WILDLIFE HABITAT/CRITICAL AREAS PROTECTIONS

Problem:	County fails to adequately adopt local regulations to protect fish and wildlife habitat.
Action:	John Karpinski on behalf of environmental group, files Growth Board appeals.
Result:	First, Growth Board grants failure to act appeal, requiring Clark County to adopt new ordinance. Second, Growth Board strikes down County first "Critical Area Clearing Ordinance" as insufficient to protect the critical areas. Third, Growth Board upholds second substantially improved ordinance, but finds County failed to protect locally important habitat and struck down blanket agricultural exemption from ordinance. In taking the above actions, the Growth Board finds the State's "best available science" requirements to be substantive, setting statewide precedent.

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Problem:	County adopts inadequate Wetlands Ordinance.
Action:	John Karpinski files the first Growth Management Appeal in the history of the State of Washington.
Result:	Growth Board upholds bad ordinance on a 2 to 1 vote. Deciding vote member resigns shortly thereafter.

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TRANSPORTATION/CONCURRENCY

Problem:	Clark County's 1994 Growth Plan allows copious urban growth with an over $200 million transportation deficit.
Action:	John Karpinski, on behalf of environmental group, appeals.
Result:	Growth Board requires County to make Growth Plan and Transportation funding (Capital Facilities) Plan consistent.

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Problem:	City of Vancouver residential growth outstrips job growth and road capacity.
Action:	John Karpinski, on behalf of environmental group, advocates for a "growth allocation plan", a moratorium on residential, but not industrial, development. (No lawsuit filed).
Result:	City of Vancouver adopts Growth Allocation Plan for Mill Plain and 192nd Avenue Corridors.

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Problem:	City of Vancouver develops ordinance to implement Mill Plain moratorium and solution, but unfortunately exempts small developments from Concurrency (traffic denial) standards. Developers appeal moratorium.
Action:	John Karpinski, on behalf of environmental group, appeals the Concurrency Exemption to Growth Board, and defends City Moratorium.
Result:	Growth Board upholds Mill Plain plan/moratorium, and finds Concurrency Exemption violates GMA. Concurrency exemption removed by later action of City of Vancouver.

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RURAL AND RESOURCE LANDS PROTECTIONS

Problem:	Clark County allowed over 17 square miles of rural land conversions into substandard size lots in violation of Growth Management Act from 1990 to 1994.
Action:	John Karpinski, on behalf of a variety of environmental and community groups, appeals the Plan and requests invalidation of County Rural Growth Plan.
Result:	Growth Board strikes down and invalidates County Rural Growth Plan for failure to meet Growth Management Act requirements, results in development moratorium of approximately 1½ years. Unfortunately, Growth Board decision reversed on appeal to Clark County Superior Court.

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URBAN GROWTH

Problem:	Clark County proposes population growth faster than the maximum allowed by State law (OFM population limits).
Action:	John Karpinski, on behalf of community and environmental groups, appeals County Growth Plan.
Result:	Growth Board rules County violates Growth Management Act by growing too fast; growth rate recalculated.

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Problem:	Vancouver and Clark County fail to adopt adequate infill and densification standards, allowing sprawl in their 1994 Growth Plans.
Action:	John Karpinski, on behalf of environmental groups, appeals to the Growth Board.
Result:	Growth Board rules the density and infill provisions of Vancouver's Comprehensive Plan inadequate and not in compliance with Growth Management Act. City of Vancouver, as well as Clark County, then adopts infill, accessory dwelling unit, and other density requirements.

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ARCHAEOLOGICAL PROTECTIONS

Problem:	Washington's Growth Management Act goals call for the protection of archaeological areas, but Clark County adopted no archaeological protection ordinance.
Action:	John Karpinski, on behalf of various environmental groups, appealed the County's failure to adopt archaeological protection ordinance.
Result:	Growth Board rules Growth Management goal substantive, and requires Clark County to adopt archaeological protection ordinance. Clark County adopts award winning archaeological protection ordinance.

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LAND SWAPS

Problem:	Developer wants to convert the Bolstad Dunes, 46 acres of dune land in Long Beach, Washington, into a convention center by trading for some other State Park land.
Action:	John Karpinski, on behalf of local concerned citizens, questions the legality of the land swap before the State Parks and Recreation Commission and helps organize political opposition.
Result:	As a result of political and legal opposition, State Parks withdraws land swap proposal.

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CLEAN WATER

Problem:	City of Vancouver has no "Critical Aquifer Protection Ordinance" to protect the safety of Vancouver's drinking water.
Action:	Karpinski appointed as Environmental Representative on Vancouver's Clean Water Ordinance Committee.
Result:	Karpinski serves on Vancouver Ordinance Committee; resulting ordinance wins Department of Ecology award.

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DISCLAIMER the results in the above cases are not an indication nor
a guarantee of future results in similar cases. Each individual case stands on its own legal, factual and political merits. In some of the above cases, the Law Office of John S. Karpinski had the assistance of co-counsel.