Jason T. Morgan

Jason Morgan is a partner in the Environmental practice group as well as the Appellate Law group. Jason’s practice focuses on environmental, natural resources, fisheries, and wildlife law, and he represents clients in all stages of litigation in state and federal courts. Jason has extensive litigation experience involving the Endangered Species Act (ESA), the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the National Environmental Policy Act (NEPA), the Clean Air Act (CAA), the Clean Water Act (CWA) and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Jason also counsels public and private entities on a variety of regulatory issues involving the Resource Conservation and Recovery Act (RCRA), the ESA, and the CWA.

Before joining Stoel Rives, Jason was a judicial extern for the Honorable Edward F. Shea, U.S. District Court for the Eastern District of Washington.

Education

University of Washington School of Law, J.D., 2006, high honors; Order of the Coif; Executive notes and comments editor, Washington Law Review, 2005-2006; Editor, Washington Law Review, 2004-2005

Central Washington University, M.F.A., 2001, honors

University of Washington, B.A., 1996, cum laude

Admissions

Washington

Alaska

District of Columbia

United States District Courts for the Western and Eastern Districts of Washington

United States District Court for the District of Columbia

United States Courts of Appeals for the First, Fourth, Fifth, Seventh, Ninth and Tenth Circuits

United States Court of Appeals for the District of Columbia

United States Supreme Court

• Association of Washington Business v. Ecology (WA Supreme Court). Represent business association in challenge to Washington Department of Ecology rulemaking involving limits of agency statutory authority over greenhouse gas emissions.
• Animal Legal Defense Fund v. Olympic Game Farm (W.D. Wash). Represent zoo operator in defense of ESA section 9 and public nuisance claims filed by animal rights group.
• Represent trade associations and seismic exploration companies as intervenor-defendants in federal lawsuits filed by South Carolina municipalities and environmental advocacy groups challenging Marine Mammal Protection Act (MMPA) incidental take authorizations related to proposed seismic surveys in the Atlantic Ocean
• Represent bulk storage and handling facility in efforts to permit construction of coal export facility on the Columbia River in challenge to denial of CWA 401 certification, and related civil rights claim under 42 U.S.C. § 1983.
• Represent oil and gas company in defense of two federal district court lawsuits and appeals to the Ninth Circuit filed by advocacy groups challenging lease sales in the National Petroleum Reserve-Alaska based alleged National Environmental Policy Act (NEPA) violations.
• Counsel to fishing company in Ninth Circuit litigation involving challenges to individual transferable quota program applicable to West Coast groundfish fishery.
• Barnes v. Federal Aviation Administration (Ninth Circuit). Successfully defended against challenge to agency EIS issued under NEPA for airport expansion project on behalf of port district.
• United Cook Inlet Drift Association v. National Marine Fisheries Service (Ninth Circuit). Successfully challenged agency regulations implementing amendments to a fishery management plan issued pursuant to the Magnuson-Steven Fishery Conservation and Management Act.
• Idaho Rivers United v. U.S. Army Corps of Engineers (W.D. Wash.). Successfully defeated preliminary injunction and secured dismissal of case on behalf of Inland Port and Navigation Group in defense of preliminary injunction under the CWA and NEPA.
• Shell Oil Company v. Greenpeace (D. Alaska and Ninth Circuit): Secured a preliminary injunction against environmental activists prohibiting trespass, nuisance, and interference with maritime navigation intended to delay Arctic drilling operations. Successfully defended that preliminary injunction on appeal.
• Sturgeon v. Frost (U.S. Supreme Court): represented industry alliance as amici curiae in challenge to National Park Service authority to regulate non-federal lands within conservation system units.
• Alaska Miners Association, et al. v. U.S. EPA (D.C. Circuit): represented industry coalition of oil and gas and mining interests in challenge to EPA regulations under the CAA governing commercial and solid waste incinerators.
• San Luis and Delta Mendota Water Authority v. Salazar (U.S. Supreme Court): represented National Hydropower Association, Northwest Hydroelectric Association, and Northwest RiverPartners as amici curiae in support of petition for certiorari in a case filed under the ESA.
• Washington Environmental Council v. Bellon (Ninth Circuit): secured dismissal against plaintiffs on standing grounds on appeal on behalf of the Western States Petroleum Association in a citizen suit under the CAA regarding greenhouse gas emissions.
• Vanek v. State of Alaska (Alaska Sup. Ct.): secured preliminary injunction against State of Alaska fishing regulations on behalf of for commercial fishermen and the United Cook Inlet Drift Association.
• Washington and Wyoming State Snowmobile Associations v. U.S. Fish and Wildlife Service (D. Wyo.): successful challenge on behalf of associations to the Canadian lynx ESA critical habitat designation in Washington State.

Insights & Presentations

• “Climate Change: Pushing aside rhetoric in search of a practical path,” Alaska Oil and Gas Association 2018 Conference, May 2018
• “Legal and Policy Landscape in Flux,” Northwest Hydroelectric Annual Conference, Portland, OR, February 2018
• “How Will States and NGOs React?” Environmental Law in the Trump Administration, The Seminar Group, Seattle, WA, March 2017
• “Sturgeon v Frost - Alaska is the Exception, Not the Rule,” Alaska Miners Association 25th Biennial Mining Conference, Fairbanks, AK, April 2016
• “Environmental Law and Construction in the Arctic,” 8th Annual Construction Law Conference, The Seminar Group, Anchorage, AK, November 2015
• “Emerging Legal & Regulatory Matters Impacting Northwest Hydro,” National Hydroelectric Association Annual Convention, Portland, OR, February 2015
• “Magnuson Act Update: Proposed Changes to the Act and New Developments,” Fisheries and Hatcheries Conference, The Seminar Group, Seattle, WA, September 2014
• “Update on Fish Consumption Litigation and Its Impact on the Rulemaking Process,” Law Seminars International: Clean Water and Stormwater, Seattle, WA, May 2014

• Included in The Best Lawyers in America^® (Environmental Law), 2017–present
• Vice Chair, Endangered Species Committee, ABA Section of Energy, Environment and Resources, 2012–2013
• Listed among Rising Stars (Environmental Litigation, Energy & Natural Resources, Appellate), Washington Super Lawyers^®, 2010–2016
• Delta Theta Phi Founders Award, 2005
• Judge James J. Lawless Award, 2004

Professional

• Washington State Bar Association, Member