Jay P. Derr

Partner

206.623.9372

jpd@vnf.com

Assistant

Millennium Tower
719 Second Avenue Suite 1150
Seattle, WA 98104
  • Represents Imperium Renewables, owner and operator of the nation’s largest BQ-9000 certified biofuels processing facility, in obtaining and defending SEPA and Shoreline Management Act approvals for expansion of its rail-marine vessel terminal and transfer facility at the Port of Grays Harbor, Washington. Negotiated SEPA mitigation and shoreline substantial development permits, and defended the project in appeals before the Washington State Shoreline Hearings Board.
  • Represents Tesoro Savage Petroleum Terminal, LLC, a joint Venture between Tesoro Refining and Marketing Company LLC and Savage Companies overseeing all aspects of the company’s Vancouver Energy crude oil terminal and marine transfer facility at the Port of Vancouver, WA, including managing a team of experts preparing an environmental impact statement to obtain all federal, state and local industrial facility permits, and representing the project in the permit adjudication hearings before the Washington State Energy Facility Site Evaluation Council, a multi-agency council with exclusive jurisdiction over all major energy infrastructure projects in the State of Washington. 
  • Negotiated subdivision mitigation agreement addressing traffic, wetland and park impact mitigation for an approximately 192-lot residential subdivision on property owned by CamWest/Toll Brothers, one of the nation’s premier residential homebuilders. This agreement enabled the client to avoid challenges from the City of Sammamish for subdivisions located in unincorporated King County, but located within the City’s potential annexation area.
  • Serves as Special Deputy Prosecutor for Skagit and Whatcom Counties, advising the counties on Growth Management Act (GMA) and SEPA compliance, developing and defending critical areas and wetland regulations, urban growth area designations, concurrency and impact fee programs, urban and rural development density provisions, surface water and groundwater quantity and quality programs and related land use and environmental regulations. Defended County comprehensive plan and development regulations before the Growth Management Hearings Board and the Washington State Supreme Court.
  • Defended the City of Tacoma, Washington against a multi-million dollar damage claim arising out of the City’s SEPA, rezone, planned unit development, and preliminary plat decisions for the Northshore Golf Course in northeast Tacoma. After the damage claim was filed against the City, Jay was retained to oversee the City’s SEPA and land use review processes. He filed and successfully argued a declaratory judgment action upholding property openspace agreements and defended Land Use Petition Act (LUPA) appeals of the City’s decisions in Pierce County Superior Court and the Washington State Court of Appeals.
  • Represented a large multifamily, commercial, and light industrial developer and property manager implementing plans to expand the City of Sumner, Washington’s urban growth area. This work involves permitting a mixed use commercial and residential development that includes leveraging private development dollars to conserve approximately 500 acres of agricultural lands in permanent conservation easements through the use of the County’s transfer of development rights mitigation banking program.
  • Previously served as Special Deputy Prosecuting Attorney for Columbia and Garfield Counties for SEPA review and permitting efforts for the Lower Snake River Wind Farm.
  • Represented the Cities of Cle Elum, Snoqualmie and Tacoma, advising them on all aspects of the local SEPA review and permitting process for complex, master-planned development projects.
  • Represents a wide variety of municipal and private sector clients with Growth Management Act appeals before the Washington Growth Management Hearings Board and the courts.
  • Advised several national corporations on regional and nationwide expansion programs, including acquisitions, feasibility studies, and state and local permitting.
  • Represented the Port of Walla Walla and the City of Tacoma on compliance with federal, state, and local regulations applicable to operation and expansion of airport facilities.

Publications

Rethinking Washington's State Environmental Policy Act

NW Lawyer, Vol. 68 Issue 3 pp. 50-52
04/30/2014

Chapter 13: Growth Management Hearings Board

Washington Real Property Desk Book, Washington State Bar Association (4th ed. 2012), Vol. 5
10/01/2012

Presentations

The Mighty Columbia Conference

Presenter, "Energy on the Columbia River"
Seattle, WA
10/28/2016

Energy Exports in the Pacific Northwest

Panelist, "Transportation of Oil by Rail"
Law Seminars International
Seattle, WA
08/17/2015