Brian Ferrasci-O'Malley

Brian Ferrasci-O’Malley is an environmental and natural resources attorney whose practice spans both transactional work and litigation. Based in Seattle, he regularly advises clients across the United States on energy development and federal wildlife law issues, including matters under the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (BGEPA), the Clean Water Act (CWA), and the National Environmental Policy Act (NEPA).

Companies with contaminated properties look to Brian to help litigate cases and manage risk. He represents clients in state and federal litigation, as well as in complex, multi-party allocation processes. Brian has particular experience with natural resource damages (NRD) matters under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Oil Pollution Act (OPA). Prior to joining Nossaman, Brian was an attorney with the U.S. Department of the Interior’s Office of the Solicitor, where he managed a nationwide docket of NRD cases under CERCLA and OPA. Clients rely on the knowledge Brian has gained working on project-specific and policy-level NRD matters to help solve their own difficult NRD issues.

Municipalities and other entities with complicated regulatory matters benefit from Brian’s years of experience coordinating with numerous federal, state, and tribal entities. Brian also draws on his training as a scientist and environmental consultant to help clients achieve their goals. He holds undergraduate and graduate scientific degrees and, prior to practicing law, he worked as an environmental consultant directing habitat restoration and community-based conservation projects across Washington State and Montana. Brian began his legal career as an associate at a boutique environmental law firm in Seattle.

Experience

Maine Lobsterman’s Association v. National Marine Fisheries Service, 70 F.4th 582 (D.C. Cir. 2023).  Counsel of record for State of Maine Department of Marine Resources as intervenor in a successful challenge to the lawfulness of a biological opinion issued by NMFS with respect to the Atlantic lobster fishery and several other fisheries. The D.C. Circuit rejected the agency’s arguments that the Endangered Species Act (ESA) requires it to give the benefit of the doubt to listed species when analyzing the effects of an action in a biological opinion and that it was consistent with the requirement to use the best available scientific information to give the benefit of the doubt to listed species.

Natural Resource Damages Claims. Provide counsel to government and private party clients on the full lifecycle of NRD cases, from evaluating the strength of potential claims, to negotiating the parameters of cooperative assessments, to designing restoration projects that meet NEPA and CERCLA or OPA requirements. Experience with a wide variety of contaminants of concern and affected resources. Knowledge of third-party credit banking mechanisms for resolving NRD liability.

Renewable Energy. Assess and review federal wildlife issues for potential wind and solar energy project acquisitions on behalf of national utilities and private investors. Prepare permitting opinions and transactional support for renewable energy developers on federal, state, and local natural resources and environmental issues.

Federal Wildlife Policy. Provide policy-level and project-specific advice to a national coalition of utilities and renewable energy companies on federal wildlife laws and policies affecting construction and operation of projects across the United States.

Cost Recovery and Cost Allocation. Lead associate on legal teams representing private parties in cost recovery actions, mediations, and multi-party cost allocation matters at CERCLA and MTCA remediation sites.

Contaminated Property Sites. Advise clients involved in contaminated property cleanups and transactions across the Pacific Northwest.

Publications

Blog Posts

Speaking Engagements

News

Podcasts

Community & Professional

American Bar Association (ABA), Member

ABA – Environment, Energy, and Resources Section: Superfund and Natural Resource Damages Litigation Committee, Vice-Chair

Washington State Bar Association, Member

WSBA – 2021 Environmental and Land Use Law Section Midyear Conference, Co-Chair

King County Bar Association, Member

Honors & Recognitions

Included in Best Lawyers: Ones To Watch for Energy Law, Environmental Law, Litigation - Environmental, Natural Resources Law, 2021-2025

Listed, The Legal 500 United States, Industry Focus - Energy - Renewable/Alternative Power, 2020-2022

Listed, The Legal 500 United States, Industry Focus - Environment - Litigation, 2020

Selected to the Environmental Law Institute’s Emerging Leaders Initiative (ELI-ELI), 2020

Doris Duke Conservation Fellow, 2005