Smith & Lowney PLLC

RICHARD SMITH

Richard Smith helps people use the law to protect the environment and wildlife. He has extensive experience in water quality issues and has brought scores of successful Clean Water Act citizen suits against polluters across Washington. He has also assisted environmental and community groups and other clients to accomplish their public interest goals through a variety of other state and federal environmental laws, including the Endangered Species Act, Clean Air Act, and Resource Conservation and Recovery Act. Richard has been identified as a Superlawyer by his peers. 

About his practice, Richard says: "It's all about turning ecological crises that concern our clients into legal, political, or economic crises to convince the agency or business people who have the ability to fix the problems to act responsibly." 

Before forming Smith & Lowney, PLLC, with Knoll Lowney in 1996, Richard practiced environmental law as a sole practitioner from 1993. He is a 1991 graduate of the University of Colorado School of Law, and received a BBA from the University of Michigan in 1988. In 2009, he received a Masters degree in Public International Law from the University of Oslo. He is admitted to practice in Washington, and before the Eastern and Western Districts of the U.S. District Court, and the Ninth Circuit Court of Appeals. He served on the board of directors of the Washington Environmental Council from 1995 through 2000, and was the chair of its legal committee during this time. He also served on the board of directors of the Washington Toxics Coalition from 2004 through 2007. 

E-mail: richard@smithandlowney.com 

KNOLL LOWNEY

Knoll’s practice focuses on initiative law and public policy, complex land use cases and environmental citizens suits, and consumer class actions. 

Knoll has extensive experience working with non-profit organizations and individuals to advance progressive causes, often through the use of the initiative process. He advises his clients on a wide range of issues, including litigation and grassroots strategy, public policy development, and public communications.

Knoll has extensive experience in initiative law, and has authored dozens of statewide and local initiatives for the progressive community. He has also challenged several harmful initiatives before the Washington State Supreme Court. 

In his land use practice, Knoll helps communities develop long-term strategies to stop harmful land uses or mitigate their impacts and has defeated or significantly altered major public and private land use projects.  

Knoll also participates in the firm's extensive portfolio of citizen suits under the federal Clean Water Act. Knoll helped to negotiate a $1.5 million penalty from Burlington Northern Santa Fe, which is believed to be the largest penalty in a citizens suit involving stormwater pollution.  

Knoll has also represented millions of consumers in nationwide class actions targeting corporate abuse, providing tens of millions of dollars of compensation to consumers and/or charities. 

Knoll has campaigned for a wide range of other issues relating to the environment, peace and opposition to war, prison and sentencing reform, and numerous other social justice issues. 

Knoll formed Smith & Lowney, PLLC, with Richard Smith in 1996. He graduated from New York University Law (1993), the Evergreen State College (1990), and Seattle’s Garfield High School (1986).

E-mail: knoll@smithandlowney.com

CLAIRE TONRY

Claire Tonry’s practice uses a wide range of legal tools to restore the environment, protect voters and consumers, and advance progressive policies. Whether she is enforcing the Clean Water Act or fair election regulations, the Endangered Species Act or open government laws, she is thoroughly committed to getting the best possible outcome for her clients.  “My clients’ causes are my personal causes as well.  I bring a level of passion and work ethic that reflects the importance of my clients’ missions,” she says.

Claire has litigated cases from their inception through trial or hearing in federal and state court, before county hearing examiners, and before the Pollution Control Hearings Board. Claire has also argued before several state and federal appellate courts.

Claire earned her J.D. and certificate in Environmental and Natural Resources Law, with a focus in Animal Law from Lewis & Clark Law School in 2009, and holds a B.A., with honors, in Environmental Studies and Economics from the University of Oregon.

Claire has been recognized by Super Lawyers as a Rising Star in environmental law.

State Court Admissions: Oregon and Washington.

Federal Court Admissions: Oregon, Washington, Ninth Circuit, Fourth Circuit

E-mail: claire@smithandlowney.com

MARC ZEMEL

Marc represents non-profit organizations and concerned citizens to achieve their goals and hold bad actors accountable. Marc has litigated dozens of Clean Water Act citizen suits and negotiated settlements that have directed millions of dollars to benefit local watersheds, while mitigating pollution across Washington State.  In addition to a variety of other environmental statutes, Marc has experience with Washington’s Public Records Act and various torts, and has argued before the Washington Court of Appeals.  Marc is committed to thinking creatively and strategically to realize his clients’ objectives.

Before joining Smith & Lowney in 2011, Marc earned his J.D., cum laude, from Northwestern University Pritzker School of Law where he was also an Associate Editor for the Northwestern University Law Review. Marc earned his undergraduate degree with distinction from the University of Wisconsin – Madison.

Some of Marc’s notable cases include:

• Puget Soundkeeper Alliance and Waste Action Project v. Boeing. In this 2020 case, we represented two of our primary Clean Water Act clients in holding Boeing accountable for PCB-contaminated runoff into the Duwamish River in Seattle. We obtained a federal consent decree that provided (1) substantial PCB remediation and continuing monitoring for recontamination, (2) benchmarks to trigger additional remediation, (3) installation of an engineered stormwater treatment systems to protect the Duwamish, and (4) $750,000 towards the removal of the Lones Levee to reconnect the Green River to its historic floodplain and restore critical salmon habitat.

• Puget Soundkeeper Alliance v. Louis Dreyfus Commodities, et. al. involved persistent illegal grain dumping into Elliott Bay from grain loading operations at an export terminal in downtown Seattle and untreated polluted runoff from the site.  Following victories on two dispositive motions that ultimately established Clean Water Act violations on summary judgment, Marc negotiated a $1.1 Million settlement, including $699,000 for environmental benefit projects in the Puget Sound basin. The settlement, embodied in a federal court consent decree, also required treatment of all pier runoff, cessation of the illegal discharges and installation of safety mechanisms adapted to the grain industry for the first time.

• Puget Soundkeeper Alliance v. Whitley Manufacturing Co., Inc., et al. involved industrial stormwater discharges without a permit to Quilceda Creek in Washington. On summary judgment, the court established for the first time in Washington that “stormwater associated with industrial activity” is a pollutant under the Clean Water Act, regardless of its physical or chemical makeup, requiring a permit for any such discharges. Marc negotiated a settlement where the defendants agreed to obtain a Clean Water Act permit, pay $465,000, and implement key best management practices to mitigate environmental harm.

• RE Sources for Sustainable Communities v. Pacific International Terminals, Inc. involved the illegal clearing of forested wetland at the site of the proposed Gateway Pacific Terminal coal export facility in Whatcom County. The settlement required the defendant to pay $1.6 Million, including $825,000 for local environmental benefit projects, enhance and set aside almost 3 acres of undisturbed wetland on the property from future development, and restore the damaged wetlands. The litigation uncovered damaging evidence and helped sway public opinion against the proposed coal export terminal, highlighting that the developer cannot be trusted to comply with federal laws that stand in its way of maximizing profits from shipping dirty coal overseas.

When not at the office, one can find Marc gardening, writing, exploring the public lands of the Pacific Northwest and/or spending time with his children. Marc also serves as chair of the Litigation Committee for the Washington Chapter of the Sierra Club.

 E-mail: marc@smithandlowney.com 

Meredith crafton

Meredith Crafton is a passionate and committed advocate, dedicated to social justice and environmental protection. Meredith’s practice focuses on environmental protection as well as corporate and government accountability. She has managed a number of high profile multi-party lawsuits against government agencies and government contractors. Meredith has also contributed to large class action lawsuits against big banks. Prior to joining Smith & Lowney in 2014, Meredith worked as the staff attorney and advocacy coordinator for Hanford Challenge, representing whistleblowers and working to further the safe and effective cleanup of our nation‘s most toxic nuclear waste site. 

Meredith earned her J.D. and Masters in Environmental Law and Policy, with a focus on energy law from Vermont Law School in 2012. During law school, Meredith was a chair person for the Environmental Law Society and the Equal Justice Foundation. She also worked in the Institute for Energy and the Environment, the South Royalton Legal Clinic, Conservation Law Foundation, and the Environment and Natural Resources Law Clinic.  

Meredith has advocacy experience under a variety of state and federal statutes, including the False Claims Act, Resource Conservation and Recovery Act, the Clean Water Act, the National Environmental Policy Act, the Energy Reorganization act, and the Atomic Energy Act among others. Meredith has published a number of papers and book chapters on energy issues including energy justice, renewable energy policies, and smart grid implementation.  

Some of Meredith’s notable cases include: 

• Protecting Hanford Workers. Hanford Challenge and the United Association of Plumbers and Steamfitters Local Union 598 brought this lawsuit because the Energy Department and private contractor were failing to protect Hanford workers from chemical vapors. After the lawsuit was consolidated with a similar suit filed by the State of Washington, the plaintiffs won a settlement that resulted in improved conditions for workers. 

• Puget Soundkeeper Aliance, et al. v. US Navy. We brought this case on behalf of Puget Soundkeeper Alliance and Washington Environmental Council in collaboration with the Suquamish Tribe in response to the Navy’s scraping marine growth and toxic paint into Sinclair Inlet without protective measures or a permit. The State of Washington later joined this case and the parties achieved a settlement requiring the Navy to take remedial actions and not scrape other decommissioned ships directly into the water.  

• Waste Action Project v. City of Shelton was brought under the Resources Conservation and Recovery Act (RCRA) citizen suit provision on residents to force the City of Shelton to clean up its old town dump. The C-Street Landfill contained dioxin and toxic sludge from residential dumping as well as timber and military industries in the area. The settlement required the City to work with the state Department of Ecology to begin cleanup of the toxic site.  

• Bill Green v. E.P.A. Repeat successful actions against EPA for failing to timely respond to Clean Air Act petitions filed by a Hanford environmental watchdog. 

• Tonnes v. Golden Eagle Farms. We brought claims under tort theories and as a citizen suit under the Clean Water Act and Shorelines Management Act on behalf of Everett residents for property damage caused by illegal development of agricultural fields. Settlement provides for repairs to property and other relief. 

• Waste Action Project v. Brown Line Trucking. The settlement required Brown Line to increase sampling, improve its best management practices and stormwater treatment, and pay $554,000 towards projects to improve the water quality of the Lower Skagit River Watershed.

In addition to being a lawyer, Meredith is also a world champion rope jumper, circus performer, local food advocate, and outdoor adventurer. When not in the office, she is often playing in the mountains and rivers of the Pacific Northwest.  

Meredith holds a B.A., in Sustainability Studies from Hampshire College in Amherst, MA.

E-mail: meredith@smithandlowney.com

ALYSSA Koepfgen

Alyssa joined Smith & Lowney in 2016. Alyssa’s practice focuses on representing non-profits and citizens who are concerned about pollution and environmental degradation. Alyssa has litigated many Clean Water Act cases against a wide variety of defendants including the Ports of Seattle, Tacoma, and Olympia, multi-national corporations, and smaller industrial operators. In addition to litigating against industrial polluters, Alyssa’s experience also includes cases against municipalities, resulting in settlements that require city and county-wide reforms to stormwater management.

Outside of her environmental law practice, Alyssa also has experience litigating class actions, including against two of the largest banks in the country.

She earned her J.D., with a certified concentration in both Environmental Law and Ocean and Coastal Law from University of Oregon School of Law. Prior to joining Smith & Lowney, Alyssa was a judicial law clerk for Judge Bruce I. Weiss in Snohomish County Superior Court.

Some of Alyssa’s notable cases include: 

• Waste Action Project v. Port of Olympia dealt with polluted stormwater discharges and illicit discharges of log debris from the Port of Olympia’s ocean terminal. After obtaining a favorable summary judgment motion and preparing the case for trial, a settlement was reached. The settlement Alyssa negotiated required the Port to prevent illicit discharges of log debris from its wharf and implement numerous necessary improvements to its stormwater management practices. The settlement also required the Port to pay over $1.3 million dollars, including $625,000 to fund projects that will improve the water quality of Budd Inlet and South Puget Sound 

• Puget Soundkeeper Alliance v. Snohomish County was a Clean Water Act citizen suit against Snohomish County for violations of the Municipal Stormwater NPDES permit. Alyssa negotiated a settlement which required the County to re-write it Stormwater Management Program Plan, amend its County ordinances to incorporate and require low impact development principles, and invest in low impact development retrofit projects.  

• Puget Soundkeeper Alliance v. Total Terminals International, LLC et al. involved polluted stormwater discharges from a marine terminal operator, and its landlord, the Port of Seattle. Following a successful defeat of the Port of Seattle’s motion to dismiss themselves as a defendant, a settlement was reached. The settlement Alyssa negotiated required certain stormwater management and treatment measures during the transition from one tenant to the next. The defendants also had to pay $900,000, including $735,000 for projects to improve the water quality of Elliott Bay. 

• Puget Soundkeeper Alliance v. City of Anacortes dealt with deficiencies in the City of Anacortes’ stormwater management program. Alyssa negotiated a settlement that required the City to re-write it Stormwater Management Program Plan, amend City ordinances to incorporate and require low impact development principles, implement public education programs about stormwater pollution prevention, and complete low impact development retrofit projects. 

When not in the office, Alyssa enjoys a wide variety of snow and water sports, aerial circus arts, camping, and any manner of outdoor adventure. 

Alyssa holds a B.S., magna cum laude, in Marine Science with a minor in Environmental Science from Coastal Carolina University. 

E-mail: alyssa@smithandlowney.com