Linda R. Larson

Linda Larson focuses on litigation, permitting, and counseling private and public clients with respect to environmental laws.  She has led numerous complex litigation matters in trial and appellate courts, with particular expertise in fisheries, endangered species, sediments, water and hazardous waste issues. A trained mediator specializing in environmental disputes, Ms. Larson has successfully resolved disputes ranging from site remediation to endangered species.   

Prior to joining Nossaman, Ms. Larson served as staff counsel to Senator Warren Magnuson on the U.S. Senate Appropriations Committee and as an attorney with the National Oceanic & Atmospheric Administration (NOAA).  While at NOAA, she served as the Special Assistant to the Deputy Administrator, as well as on teams in the fisheries, coastal zone management, and satellite programs.   

Ms. Larson is ranked in Chambers USA and was selected by Super Lawyers to the Top 50 Women Lawyers List in Washington for 2016.  In 2017 she was named as an Energy and Environmental Trailblazer by the National Law Journal.

Representative Work

Litigation: 

• Groundfish Forum, et al. v. Wilbur L. Ross, et al. Served as lead counsel for coalition of cod fishermen in successful challenge to the restrictions on fishing and processing established by Amendment 113 to the fishery management plan for Pacific cod in the Bering Sea and Aleutian Islands archipelago in the matter Groundfish Forum, et al. v. Wilbur L. Ross, et al. (1:16-cv-02495) (2019). The U.S. District Court for the District of Columbia ruled that the regulations did not comply with the Magnuson-Stevens Fishery Management and Conservation Acts’ national standards for fishery management.  Judge Kelly vacated the rule implementing Amendment 113.  This decision invalidated an improper regulation which limited the ability of our clients and others to fish and process cod in the Aleutian Islands, negatively impacting their businesses and livelihoods.
• Oceana v. National Marine Fisheries Service, 705 Fed.Appx. 577, (9th Cir. 2017).  Lead trial and appellate counsel for commercial fishing companies, Adak Community Development Association, and Aleut entities in on-going litigation over fishing restrictions for the conduct of the Aleutian Islands groundfish fisheries under the Endangered Species Act involving Steller sea lions. The initial challenge brought by Nossaman’s clients resulted in the reopening of closed fishing grounds in the Aleutian Islands to cod and mackerel fishing.  In 2017, successfully defended the agency decision to reopen the previously closed areas before the Ninth Circuit. The present value of fishing and related revenue at risk from previous closures was estimated to be between $1.8 billion and $3.8 billion.
• Asarco LLC v. Union Pacific Railroad Company, 765 F.3d 999 (9th Cir. 2014).  Appellate counsel for mining company in successful appeal to the Ninth Circuit in a matter of first impression concerning the “relation-back” function of Federal Rule of Civil Procedure 15.  The court held that the mining company’s amended complaint related back to its original complaint, even though it included allegations that were expressly disclaimed in the original complaint.  The decision allowed the company to continue to pursue its claim for over $400 million in Superfund cleanup costs.  
• Fishermen’s Finest, Inc. v. Locke, 593 F.3d 886 (9th Cir. 2010). Lead trial and appellate counsel for a major fishing and processing company in a challenge to National Marine Fisheries Service allocations for the multi-million dollar Bering Sea and Aleutian Islands Pacific cod fishery under the Magnuson-Stevens Fishery Conservation and Management Act. Fishermen’s Finest, Inc. v. Locke, 593 F.3d 886 (9th Cir. 2010).
• Asarco LLC Bankruptcy Reorganization.  Lead trial and environmental counsel for ASARCO LLC, a mining, smelting and refining company, in the first evidentiary estimation hearing in connection with the largest environmental bankruptcy case in United States history. The estimation hearing in the U.S. Bankruptcy Court in the Southern District of Texas involved a $406 million claim for response costs brought by the United States Environmental Protection Agency and the State of Nebraska.

Permitting and Counseling:

• Cedar Grove Composting.  Lead advisor for solid waste regulatory issues to largest independent composting company in Seattle metropolitan area.  Cedar Grove recycles approximately 350,000 tons of yard and food waste collected from residential and commercial customers every year, turning it into compost. 
• Aluminum Smelter Remediation.  Lead counsel for an international aluminum manufacturer in the remediation of contaminated sediments and associated uplands at former facilities along the Columbia River, including the negotiation of consent decrees under the Washington Model Toxics Control Act, relationships with tribal nations and resolution of allocation issues between client and other potentially liable parties.
• Superfund Site Remediation and Cost Litigation.  Lead counsel for public and private clients at federal and state Superfund sites in over a dozen states, including Idaho, Colorado, Michigan, Utah and Washington. Successfully resolved enforcement claims by state and federal agencies and negotiated or litigated cost allocations with other potentially responsible parties.