Practice Description
Tom Kilbane has advised Northwest clients on a broad array of environmental and land use issues since he began practicing law in Seattle in 1980. He has repeatedly been recognized by his Washington peers as a "SuperLawyer" in the field.
Much of Tom's practice involves handling the complex issues associated with contamination and pollution. He frequently represents potentially responsible parties at federal and state Superfund sites, including negotiation of cleanup requirements and allocation of liability for remedial action costs and natural resource damages. While a strong advocate for his clients, Tom has been equally effective in serving on steering committees and in acting as common counsel at multi-party sites. He is also available to serve as a mediator or arbitrator in disputes over allocation of environmental liabilities.
Tom has extensive experience helping clients to resolve environmental issues in real estate and corporate transactions, including due diligence investigation and contractual allocation of risks. He has a particular interest in the cleanup and redevelopment of brownfields.
Tom has advised clients on a wide range of environmental permitting and compliance issues, and has represented clients in related proceedings before the Pollution Control Hearings Board, the Shorelines Hearings Board, and other government bodies.
In addition, Tom has significant experience in land use and development. He has worked with clients and consultants on all phases of sitting proposed energy facilities and other projects, including NEPA/SEPA review, EFSEC certification, air and wastewater permitting, wetland and shoreline issues, zoning and land use restrictions, property acquisition, and project finance.

Professional Associations
& Publications
Potential Issues Arising at Multi-Parcel Urban Sites, and Potential Avenues for Dispute Resolution. Residential and Mixed-Use Redevelopment of Contaminated Property. Law Seminars International Seminar.
Overview of Development and Land Use Law in Washington; and, Environmental Laws Governing Property Development. Major Land Use Laws in Washington. National Business Institute Seminar.
Overview of Federal Wetland Requirements. Key Issues in Wetlands Regulation in Washington. National Business Institute Seminar.
Environmental Liability and Recent Legislation in Washington. Oil Spill Liability in Washington. Lorman Education Services Seminar.
Natural Resource Damage Assessment: A Defense Perspective on the New Department of Interior Rules. Eight Annual Hazardous Waste Law and Management Conference. University of Washington School of Law.
Overview of Spill Liability and Reporting Requirements in Oregon and Washington. Emergency Spill Response: New Technology and Liability Issues. Ater Wynne and Pacific Coast Environmental Inc. Conference.
Stormwater Permit Requirements for Industrial Facilities. Washington Oil Marketers Association Annual Convention.

American Bar Association
Environment, Energy, and Resources Section
Washington State Bar Association, Environmental and Land Use Law Section
King County Bar Association, Environmental Law Section

Education
J.D., with highest distinction, The John Marshall Law School, 1978; Editor-in-Chief, Law Review
Graduate Studies and Teaching Assistantship, Miami University (Ohio), 1974 to 1975
B.A., magna cum laude, Xavier University (Ohio), 1974

Representative Work
Representing ConocoPhillips Company in investigation and cleanup of contaminated sites and allocation of liability for remedial action costs.
Representing petroleum products distributors in purchase and sale or lease of marine terminals, bulk plants, cardlocks, and service stations.
Representing Arkema Inc., organizing and serving as common counsel to Formulation Customer Group, and ultimately serving as Steering Committee Chair on cleanup of Yakima Valley Spray/U-Haul Site.
Represented R. W. Rhine Inc., in settling potential liabilities for remedial action costs and natural resource damages at Tulalip Landfill Superfund Site, and in obtaining insurance funding for settlement.
Served as Washington counsel to partnership of Chevron Texaco and Edison Mission Energy in permitting, development, and financing of 150 megawatt March Point Cogeneration Project at oil refinery in Anacortes, Washington.
Represented National Semiconductor Corporation in sale of $100 million fabrication facility and 92-acre campus in Puyallup, Washington.