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Bart J. Freedman

Partner
+1.206.370.7655
Fax +1.206.370.6064
Mr. Freedman’s practice encompasses a broad range of environmental, business, eminent domain, and Indian Law litigation in federal and state courts, as well as alternative dispute resolution.

In the area of environmental law, his experience includes Endangered Species Act, natural resource damages, hazardous waste matters, cost-recovery litigation under CERCLA, criminal defense of Clean Water Act enforcement, civil tort claims and regulatory matters. Bart currently represents King County in the acquisition of property for the Brightwater Treatment System which includes a large plant site, conveyance system, and outfall. He has represented the Port of Seattle on a number of issues, including the impact of treaty fishing rights on the issuance of federal Section 404 permits for a major dock expansion project. His environmental practice also includes natural resource damage litigation brought about by the Exxon Valdez oil spill.

Professional Background

  • Law Clerk, Hon. Samuel J. Roberts, Chief Justice, Supreme Court of Pennsylvania

Achievements

  • Selected to the Washington Super Lawyers list (2009, 2011-2016)
  • Listed in Best Lawyers in America (2010-2018), Seattle, Native American Law
  • Martindale-Hubbell AV Preeminent Rating
  • Who’s Who in American Law
  • Who’s Who in America
  • AVVO – Rated Superb

Professional/Civic Activities

  • Washington Appleseed – Board of Directors, 2007-present
  • Bainbridge Island Parks District – Parks Acquisition Committee, 2008-present
  • Leadership Tomorrow – Board of Directors, 2003-08
  • YMCA – Past-Chair, Seattle Metrocenter YMCA Board of Management

Speaking Engagements

  • "Effective and Creative Solutiosn to Resolving Disputes in Indian Country, American Bar Association, April 16-18, 2015
  • “Issues on Condemnation” CLE, The Seminar Group (2011)
  • “Valuing Publicly Owned Property”, CLE, The Seminar Group (2010)
  • “The Culverts Litigation”, Hydropower CLEs, (2008 – 2009) The Seminar Group
  • “Tips and Processes for Interacting with Tribes,” Washington Public Ports Association, 2006
  • “Hazardous Waste Issues,” Real Estate Litigation Issues CLE, Seattle, Washington, Oct. 7–8, 1999
  • “Natural Resource Damages,” Hanford Natural Resource Trustee Meeting, Kennewick, Washington, June 28, 1994
  • “Litigating Natural Resource Damages and Their Relationship to Other Environmental Claims,” Effective Environmental Litigation, Seattle, Washington, Mar. 25, 1994
  • Co-Chair, Northwest Conference on Natural Resource Damages, Coeur d’Alene, Idaho, Feb. 28, 1994
  • “An Integrated Approach to Sediment and Natural Resource Damage Liability,” Contaminated Sediment Management in the Great Lakes, Chicago, Illinois, Feb. 25, 1994
  • “When PRP’s Perform Cleanup and Seek Remediation,” Hazardous Waste Cleanup Litigation, Seattle, Washington, Aug., 1993
  • “Challenging Agency Cleanup Decisions,” Hazardous Waste Cleanup Litigation, Seattle, Washington, Aug. 27, 1992
  • “Natural Resource Damages and the Law,” Society of Environmental Toxicology and Chemistry, Seattle, Washington, July, 1992 
  •  “Problems in Assessment,” Bart Freedman, Eighth Annual Hazardous Waste Law and Management Conference, University of Washington, Seattle, Washington, Dec. 10, 1991
  • Sterling Realty v BV Holdings, King County Superior Court, (MTCA contribution) (2010)
  • Pasciuto v. Shriners Hospitals for Children, King County Superior Court (MTCA contribution) (2010)
  • King County v. BSRE Point Wells, King County Superior Court, (condemnation) (2010)
  • King County v. Paramount of Washington, King County Superior Court, (condemnation) (2005)
  • King County v. Seawest, King County Superior Court, (condemnation) (2005)
  • Stillaguamish Tribe of Indians v. Standard Biodiesel, U.S. District Court for the Western District of Washington (environmental contamination) (2010)
  • Port of Seattle Terminal 5 Dock Expansion, § 404 Permit (defense of claims concerning impact of treaty fishing rights on construction-related permits for dock expansion project)
  • Harborsteps Partnership v. Burlington Northern Railroad, 93 Wn. App. 792, 970 P.2d 797, 1999 (defense of environmental contribution claims; summary judgment on all claims)
  • State of Alaska v. Exxon, King County Superior Court, (State of Alaska’s case for natural resource damages)
  • Burlington Northern R.R. Co. v. Dant & Russell, Inc. (In re Dant & Russell, Inc.), 951 F.2d 246 (9th Cir. 1991); 853 F.2d 700 (9th Cir. 1988). CERCLA cost recovery action resulting in $7 million judgment for Burlington Northern.
  • City of Seattle v. Rabanco, Ltd., et al. Defense of private garbage hauler in CERCLA cost recovery and contribution action for cleanup of former publicly owned and operated landfill.
  • ALPS, USA v. Microsoft (defense of breach of contract claims)
  • Foreman v. Diamond (defense of trust claims)
  • United States v. Rice, 38 F.3d 1536 (9th Cir. 1994)
  • Port of Seattle v. Lavin, et al., (defense verdict in condemnation action)
Bart Freedman's practice encompasses a broad range of municipal, business and environmental litigation in federal and state courts. His municipal background includes eminent domain litigation and advice for several government clients. His commercial background includes securities and software litigation, recovery of restitution on behalf of corporate victims of federal crimes and trust litigation. In the area of environmental law, his experience includes hazardous waste matters, cost-recovery litigation under CERCLA, criminal defense of Clean Water Act enforcement, civil tort claims and regulatory matters. His environmental practice also includes natural resource damage litigation such as that brought about by the Exxon Valdez oil spill.

Representative Cases
  • Port of Seattle Terminal 5 Dock Expansion, § 404 Permit (defense of claims concerning impact of treaty fishing rights on construction-related permits for dock expansion project)
  • King County Brightwater treatment plant, conveyance and outfall. Counsel to King County for site acquisition and condemnation.
  • Harborsteps Partnership v. Burlington Northern Railroad, 93 Wn. App. 792, 970 P.2d 797, 1999 Wash. App. LEXIS 169 (1999); No. 67807-3, Supreme Court of Washington, 1999 Wash. LEXIS 494 (June 29, 1999) (defense of environmental remediation claims; summary judgment on all claims)
  • Burlington Northern R.R. Co. v. Dant & Russell, Inc. (In re Dant & Russell, Inc.), 951 F.2d 246 (9th Cir. 1991); 853 F.2d 700 (9th Cir. 1988). CERCLA cost recovery action resulting in $7 million judgment for Burlington Northern.
  • Representation of additional public and private clients including Sound Transit and the City of Federal Way.
  • United States v. Rice, 38 F.3d 1536 (9th Cir. 1994)
Select Presentations
  • "Offers To Purchase, Pre-Trial Preparation and Settlement Negotiations, Mediation," Eminent Domain in Washington, July 12, 2001
  • "Offers To Purchase, Pre-Trial Preparation and Settlement Negotiations," Eminent Domain: Preparing for a Decade of Intensive Public Investment, June 10, 1999.
  • "Hazardous Waste Issues," Real Estate Litigation Issues CLE, Seattle, Washington, Oct. 7-8, 1999
  • "Natural Resource Damages," Hanford Natural Resource Trustee Meeting, Kennewick, Washington, June 28, 1994
  • "Litigating Natural Resource Damages and Their Relationship to Other Environmental Claims," Effective Environmental Litigation, Seattle, Washington, Mar. 25, 1994
  • Co-Chair, Northwest Conference on Natural Resource Damages, Coeur d'Alene, Idaho, Feb. 28, 1994
  • "An Integrated Approach to Sediment and Natural Resource Damage Liability," Contaminated Sediment Management in the Great Lakes, Chicago, Illinois, Feb. 25, 1994
  • "When PRP's Perform Cleanup and Seek Remediation," Hazardous Waste Cleanup Litigation, Seattle, Washington, Aug., 1993
  • "Challenging Agency Cleanup Decisions," Hazardous Waste Cleanup Litigation, Seattle, Washington, Aug. 27, 1992
  • "Natural Resource Damages and the Law," Society of Environmental Toxicology and Chemistry, Seattle, Washington, July, 1992
  • "Problems in Assessment," Bart Freedman, Eighth Annual Hazardous Waste Law and Management Conference, University of Washington, Seattle, Washington, Dec. 10, 1991
Select Publications
  • Contributor, Washington Environmental Law Handbook, 3rd Edition, Rockville, MD; Government Institutes, ©1997, ISBN: 0-86587-556-1
  • "Natural Resource Damages for Contaminated Sediments in the Great Lakes: A Call for an Integrated Management Approach," Bart J. Freedman, J. Alan Clark and Roger D. Wynne, Contaminated Sediment Management in the Great Lakes, Feb. 25, 1994
  • "Natural Resource Damages," Bart J. Freedman and J. Alan Clark, Hazardous Waste Strategies Update, v. 5, No. 3, Mar., 1994
  • Co-Editor, Natural Resource Damages, Editors Cestjon L. McFarland, Bart J. Freedman. Rockville, MD : Government Institutes, ©1993. ISBN: 0-86587-340-2
  • "Natural Resource Damages Pose Liability Questions for Ports," Bart J. Freedman and Cestjon L. McFarland, Marine Digest and Transportation News, Oct., 1993,

Professional Honors

  • Martindale-Hubbell AV Rating
  • Who's Who in American Law
  • Who's Who in America
  • Super Lawyer, Washington Law & Politics