Gregory T. Hixson
206.535.6008 • [email protected]
Greg has a diverse practice with experience involving environmental, construction, and real estate matters. His environmental and natural resources practice includes complex Superfund litigation and natural resource damages claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Washington Model Toxic Control Act (MTCA). Greg also frequently handles litigation arising under the Clean Water Act (CWA). Greg represents clients ranging from individuals to Fortune 500 companies in matters involving contaminated property, Superfund liability, and stormwater compliance issues. He counsels clients on environmental risk and liability; negotiates remediation agreements, access agreements, and settlement agreements; and prosecutes and defends environmental claims under federal and state laws. He also has substantial experience representing clients in multi-party allocations.
Greg is an experienced construction law attorney. He represents owners, developers, general contractors, owner representatives, and subcontractors in a variety of matters, including drafting and negotiating construction contracts, defending and prosecuting lien foreclosure actions, and litigating construction defect and complex construction claims.
Greg’s real estate practice involves assisting clients with negotiating, drafting, and reviewing all types of property transactions, including purchase and sale agreements and leases, and litigating property disputes. His real estate work often involves construction or environmental issues, including evaluating and mitigating risks associated with contaminated property transactions.
In additional to litigating environmental, construction and real estate claims, Greg litigates disputes ranging from commercial contract and business conflicts to personal injury and product liability actions. Greg regularly manages complex litigation in state and federal court, and represents clients through mediation, arbitration, administrative proceedings, and trial.
Representative Matters
- Defended several companies, ranging from family-owned businesses to a publicly traded international corporation, in citizen suit actions under the Clean Water Act (CWA) for alleged stormwater permit violations. Each action required an evaluation of stormwater practices necessary to achieve permit compliance, defensive litigation in federal court, and negotiation of a favorable resolution.
- Represents a Fortune 500 company in environmental matters involving contaminated sites. Frequently assists client with environmental risk evaluation, advises client in negotiating remediation and settlement agreements, and serves as lead litigation counsel.
- Represents clients in large, multi-party Superfund allocations. Works closely with experts to position clients for a favorable resolution, whether through a non-judicial allocation process or litigation.
- Defended a local municipality against a State Environmental Policy Act (SEPA) challenge to the adequacy of its Environmental Impact Statement (EIS). The hearing examiner dismissed several of the challenger’s claims in response to a motion filed by the municipality and ultimately upheld the EIS after the presentation of factual evidence and expert witness testimony at the hearing.
- Defended a property owner against dozens of construction claims arising out of a six-story, 126-room hotel. Worked closely with the client, project architect, and construction claims consultant to evaluate and value the claims. The matter was resolved in the client’s favor through a series of structured mediations without engaging in costly and prolonged litigation.
- Defended a local housing authority against construction claims filed by the general contractor seeking millions of dollars in additional compensation for delay, overtime, home office overhead, and differing site conditions. The matter was resolved successfully after a two-week arbitration.
- Drafted and developed a series of construction contracts for an owner/general contractor, including lump-sum and not-to-exceed contracts and supporting documents (lien release forms, change order forms, payment certification forms, etc.).
- Represented a corporate client in a breach of contract action arising from defective components purchased from an out-of-state supplier. A key component of the case involved developing expert analysis and testimony to support the causal link between the component’s failure and the supplier’s manufacturing process.
- Obtained summary judgment dismissal of claims filed under Washington’s Consumer Protection Act (CPA) against a national non-profit thrift store chain.
- Prosecuted a breach of contract claim in federal court on behalf of a consulting firm against a large, regional hospital for the recovery of sums due on the contract. The matter was settled on terms favorable to the client shortly after the close of discovery.
Admissions
Member, King County Bar Association (KCBA)
Member, KCBA Environmental Law and Land Use Section
Member, Washington State Bar Association (WSBA)
Member, WSBA Environmental Law and Land Use Section
Admitted, Supreme Court of the State of Washington
Admitted, U.S. District Court for the District of Arizona
Admitted, U.S. District Court for the Northern District of California
Admitted, U.S. District Court for the Western District of Washington
Admitted, U.S. District Court for the Eastern District of Washington
Admitted, U.S. Court of Appeals for the Ninth Circuit
Civic Involvement
Member, Greater Bothell Chamber of Commerce (2015–Present)
Committee Chair, Boy Scout Troop 582, Kenmore, Washington (2010–Present)
Volunteer and Donor, Progressive Animal Welfare Society (2002–Present)
Articles and Presentations
- Guest Lecturer, Construction Law Contract Interpretation & Change Orders, University of Washington Construction Management Program (2013–2017).
- Presenter, Environmental Case Law Update, WSBA Environmental Law & Land Use Section Midyear (2015).
- Presenter, Update on Industrial Stormwater General Permit and Trends in Enforcement Litigation, WPPA Legal Committee Meeting (2013).
- Author, The Risks of Non-Compliance: Enforcement Actions and Citizen Suits, Current Issues in Storm Water Regulation in Washington, Lorman Educational Services (2012).
Honors & Recognition
Rising Star®, Super Lawyers and Washington Law & Politics (2013–Present)
Rated 10.0 by Avvo, the leading lawyer-rating website
Education
J.D., magna cum laude, Seattle University (2007)
B.S., Biochemistry, Western Washington University (1997)
Personal
Outside the office, Greg spends time with his family, co-coaches his daughter’s soccer team, and chairs his son’s Boy Scout troop. Greg is also an avid cyclist, runner, skier, backpacker, and tri‑athlete.