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James P. Walsh

Areas of Practice

budwalsh@dwt.com
(415) 276-6500

Outlook vCard:

James P. Walsh
Partner- San Francisco, California Office

Representative Experience
Endangered Species Act Represented companies, trade associations and local communities in litigation involving marine mammals, sea turtles, and the spotted owl. Routinely advise clients on compliance with the ESA.

Regulatory Takings Represented vessel owner in Court of Claims in Fifth Amendment regulatory takings case by legislative action in the American Fisheries Act.

Fishery Management Represented groups nation-wide in several cases involving the regulation of commercial fishing by the federal government, including marine fisheries in Alaska, Washington, Oregon, California, and Texas. Cases addressed issues of bycatch, direct harvest, taking of marine mammals and endangered species, and essential fish habitat.

Indian Treaty Rights Represented West Coast seafood interests in challenges to allocations of Pacific whiting off Oregon, Washington, and California. Assisted non-Indian owners of real property in dispute before the Department of the Interior on long-term leases from Indian tribe.

Oil Pollution Handled oil spill cases in California, Washington and Oregon involving the M/V KURE, the M/V TENYO MARU and the M/V NEW CARISSA and worked on the EXXON VALDEZ case. Represented both vessel owners and plaintiffs. Obtained favorable settlements and jury verdict.

NEPA and CEQA Have experience with litigation claims involving compliance with the National Environmental Policy Act and the California Environmental Quality Act. Represented natural gas generator in dispute under CEQA concerning pipeline permits through California to plants in Mexico.

Polluted Property Represented beneficiaries of trust land in dispute with trustee over the largest oil pollution event in California at the Guadalupe Oil Field. Assisted in due diligence review of proposed purchase of offshore oil production facilities in Santa Barbara, California. Advised on service station contamination issues.

FOIA Counsel to Stanford Law School in Freedom of Information Act case seeking release of research documents relating to management of fishery resources.

Vessel Transactions Represented owners of fishing industry vessels and cruise ships in sales transactions. Counsel to lenders and vessel owners in foreclosure actions. Handled case for Canadian engine supplier for breach of contract in sale to vessel in Malta.

Ocean Cargo Disputes Represented importers and exporters in disputes over ocean shipping contracts. Assisted marine insurance company based in China with respect to cases pending in Indiana and Texas.

Trade Matters Represented the tuna industry and the salmon industry in trade remedy cases. Obtained the first favorable trade relief result under the U.S/Canada Free Trade Agreement. Advised technology companies on compliance with customs and trade laws. Defended company against charges of selling goods to Iran. Experienced in international negotiations on fishery management and trade.

Health Care Disputes Represented hospitals in business and contract dispute in California courts and arbitration. Disputes involved business ventures, doctor recruitment contracts, and payment by health insurance companies.

General Business Disputes Counsel to bank and large waste management company in dealing with bankruptcy proceedings. Advised Japanese companies in vessel charter dispute concerning the shipment of nuclear materials. Represented timberland management company in complex litigation involving fraudulent valuation. Defended Canadian securities firm in suit by investor.

Legislative and Regulatory Representation Experience with representing trade associations in legislative matters before the U.S. Congress. Appeared before Congressional Committees over 75 times. Provided assistance to numerous clients on rulemaking procedures by federal agencies. Routinely handle cases challenging actions by federal agencies.

Advisor to Regulatory Body Advisor to the North Pacific Fishery Management Council on the integration of its fishery management responsibilities with the ESA and NEPA.

Prior Experience
Deputy administrator, National Oceanic and Atmospheric Administration in the Carter Administration, 1979-81

Staff counsel and general counsel, U.S. Senate Committee on Commerce, Science and Transportation, 1972-78

Assistant Attorney General, State of Washington, 1971-72

Memberships and Activities
Member of Washington State, District of Columbia and California Bars

Admitted to practice before Federal District Courts in Washington, California, Texas, Florida, Oregon, Alaska and the District of Columbia

Admitted to practice before the Ninth, Eleventh, and District of Columbia Federal Circuit Courts of Appeal

Member of the firm's Quality Assurance Committee

Frequent speaker on issues of natural resource management, legal ethics and professional responsibility

Education
LL.M. (Law and Marine Affairs), University of Washington School of Law

J.D., University of Washington School of Law

B.A. in History, Stanford University






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