Jay is the managing partner at GordonDerr and has been involved in major development project acquisition and permitting throughout the state and the country. He also serves or has served as land use counsel for several Washington cities, including Bainbridge Island, Cle Elum, Ephrata, Normandy Park, Snoqualmie, and Tacoma. He has been appointed as Special Deputy Prosecuting Attorney for Skagit County (related to GMA and land use issues) and for Garfield and Columbia Counties (related to siteing and permitting of the Lower Snake River Wind Energy facility). Jay advises clients on GMA planning and related appeals and on permitting for large, controversial development projects. He has lectured throughout the state on land use and environmental issues, including teaching a graduate course at the University of Washington Department of Urban Design and Planning.

Representative Experience

  • Special Deputy Prosecuting Attorney (Land Use and Growth Management Act Issues) for Skagit County, representing the County in development of GMA plans and regulations and in Growth Management Hearings Board and Appellate Court appeals.
  • Special Deputy Prosecuting Attorney for Columbia County for its SEPA review and permitting efforts for the Lower Snake River Wind Farm.
  • Special Deputy Prosecuting Attorney for Garfield County for its SEPA review and permitting efforts for the Lower Snake River Wind Farm.
  • Represents 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 Boards and the courts.
  • Represented several national corporations advising them 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.
  • Represented the King County Housing Authority on its major HOPE VI mixed-use, mixed-income redevelopment in King County.
  • Provides real estate, land use, and environmental permitting advice to several residential and mixed-use development companies for projects throughout the State of Washington.

Education

     University of California Berkeley, Boalt School of Law, J.D., 1982
     Michigan State University, B.S., Agriculture, summa cum laude, 1979

Awards & Recognition

     "Leader in Their Field," Chambers & Partners, 2010
     "Best Lawyer," The Best Lawyers in America, 2005-2010
     Recognized by peers as one of the Top 40 Environmental and Land Use
     Lawyers in the State, Washington Law & Politics
     "Super Lawyer," Washington Law & Politics, 2001-2010
     "Best Lawyers in Seattle," Seattle Metropolitan, 2006

Professional & Community Involvement

     King County Bar Association
     Washington State Bar Association
          Environmental and Land Use Law Section, Executive Committee, 2011-2014
     American Planning Association
     Planning Association of Washington
     Master Builders Association
     Washington Association of Realtors, Legal Affairs Committee
     Alaska Bar Association (inactive status)
     American Bar Association
     Association of Washington Business, Land Use Committee
     Presbytery of Seattle, Co-Chair, Committee on Preparation for Ministry

Articles, Publications & Lectures

  • Conference Co-Chair and Co-Lecturer, Ethics in Land Use, Land Use in Washington Conference, Law Seminars International (LSI), April 2009, Seattle WA
  • Conference Co-Chair, Growth Management Act 2008 Conference, LSI, December 2008, Seattle
  • What is the Washington State Supreme Court Thinking Regarding Land Use and GMA? Land Use in Washington Conference, LSI, April 2008, Seattle
  • How Have Law Firms Achieved Success? The Extraordinary Law Firm Conference, Association of Legal Administrators, January 2008
  • Dissect a Decision from the Supreme Court: Swinomish Indian Tribal Community v. Western Washington Growth Management Hearings Board, et al. Land Use Practice and Procedure: From the Planning Department to the Supreme Court CLE, Washington State Bar Association, February 2008, Seattle
  • Conference Co-Chair, GMA Deference: What's Happening to Bright Line Rules? Growth Management Act Conference, LSI, November 2007, Seattle
  • Critical Areas Regulation: Impacts on Agriculture, Wetlands in Washington Conference, LSI, October 2007, Seattle
  • Recent Land Use Planning Case Law, presented at:
         Planning Association of Washington Spring Conference, April 2009
         Land Use in Southwest Washington Conference, LSI, February 2007
         Planning Law Conference, Washington Chapter APA, March 2007
         Land Use in Washington Conference, LSI, April 2007
         Washington State Association of Counties (WSAC), June 2007
         Land Use in Eastern Washington Conference, LSI, July 2007
  • Is SEPA (State Environmental Policy Act) Working for Your Port? Washington Public Ports Association Spring Meeting, May 2007, Spokane WA
  • Best Available Science, Fish and Agriculture: Strategies for Local Government to Balance Potentially Conflicting GMA Mandates, Land Use in Washington Conference, LSI, 2006
  • Conference Co-Chair, Perspectives from the Courts and the Boards: Interactive Discussion, Land Use Planning & Project Permitting Conference, LSI, 2005