Karen M. McGaffey
- Firmwide Lead, Energy Law
A seasoned environmental lawyer with more than 30 years of experience, Karen helps clients bring projects to life.
Karen McGaffey assists clients with project development and permitting of a wide variety of energy and infrastructure projects. She counsels clients on compliance and regulatory matters under federal and state environmental laws and advises them on the environmental aspects of corporate and real estate transactions. She also represents clients in environmental litigation, including citizen suits, government enforcement actions, and lawsuits challenging regulatory developments.
A leader in the industry, Karen counsels clients on the development of all types of energy facilities, including wind, solar, hydrogen, renewable fuels, natural gas power plants, wood-fired cogeneration facilities, electricity storage, transmission lines, and pipelines.
Karen regularly advises clients on strategic business and policy matters concerning energy facility siting, renewable energy, climate change, carbon reduction, sustainability, and other environmental, social, and governance issues. She teaches a climate law course for the Environmental Law Institute and a renewable energy development course at Vermont Law School, and has guest lectured on energy project permitting at Northwestern University’s Pritzker School of Law.
Areas of focus
Education & Credentials
Education
- Harvard Law School, J.D., cum laude, Editor and Developments Office Chair, Harvard Law Review, 1989
- Dartmouth College, A.B., Philosophy, summa cum laude, Phi Beta Kappa, 1985
- University of Cambridge, Queens College, Philosophy, 1985 – 1986
Bar and Court Admissions
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Washington
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Colorado
- Supreme Court of the United States
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the Eastern District of Washington
- U.S. District Court for the Western District of Washington
Related Employment
- Bogle & Gates P.L.L.C., Seattle, WA, Member, 1997-1999; Associate, 1990-1997
Clerkships
- Hon. George Lohr, Supreme Court of Colorado
Professional Recognition
Fellow, American College of Environmental Lawyers
Chambers USA as “America’s Leading Lawyer" for Environment, 2010-present
Best Lawyers in America: Energy Law; Environmental Law; Litigation - Environmental; Natural Resources Law, 2010-present
Washington's Super Lawyers, 2012-present
Impact
Professional Leadership
- Kellogg School of Management, Northwestern University, Executive Scholar Certificate, 2022
- The Foundation for Natural Resources and Energy Law, Renewable Energy Committee, Chair, 2023-2024; Member, 2021-present
- The Foundation for Natural Resources and Energy Law, Trustee 2022-2024
- Perkins Coie Management and Executive Committees, 2011-2016
- Perkins Coie, Environment, Energy & Resources Firmwide Chair, 2016-2023
- American Bar Association Section on Environment, Energy and Natural Resources, Committee on Water Quality, Vice Chair, 1997-2006
- Northwest Women’s Law Center, Board of Directors, 1995-2001; President 1998-1999
Insights
News
Professional Experience
Energy Project Permitting & Development
BP Exploration Pipeline Project
Represented company regarding North Slope pipeline leak detection issues.
Chehalis Generation Facility
Represented purchaser of natural gas combined-cycle generating facility in the transfer of permits and development of a greenhouse gas mitigation proposal.
Cherry Point Cogeneration Project
Represented developer of 720 MW gas-fired cogeneration facility in obtaining federal and state permits as well as in the development of a greenhouse gas mitigation plan.
Cross Cascade Pipeline Project
Represented the company proposing a 230-mile petroleum products pipeline in permitting proceedings.
Darrington Cogeneration Facility
Represented developer of 20 MW wood-fired cogeneration facility in connection with environmental permitting.
Desert Claim Wind Project
Represented developer of 190 MW wind energy project in permitting process through the Washington Energy Facility Site Evaluation Council (EFSEC).
Eastern Washington Solar
Represented developer of solar energy project with optional battery storage component.
Fredonia Generating Station
Represented operator in permitting of expansion of gas-fired generation facility.
Goldendale Energy Project
Represented developer of 248 MW gas-fired electrical generation facility in obtaining federal, state and local approvals, acquiring water rights, and addressing environmental impacts in the NEPA/SEPA process.
Grays Harbor Energy Center
Represented owner of natural gas-fired generating facility in Washington EFSEC permit transfer and amendment proceedings, and assisted in the development of a greenhouse gas mitigation plan.
Hydrogen Manufacturing Facility
Representing developer of a proposed hydrogen manufacturing facility that would use renewable electricity and electrolysis to produce green hydrogen.
Plymouth Generating Facility
Represented developer of 307 MW combined cycle combustion turbine project in connection with environmental permitting and water rights issues.
Satsop Combustion Turbine Project
Represented developer in permitting natural gas-fired generating facility and associated gas pipeline before Washington EFSEC, and represented subsequent owner in permit amendment process.
Sumas Energy 2 Generation Facility
Represented developer of 660 MW combined cycle combustion turbine facility and associated gas pipeline and transmission lines in Washington EFSEC permitting proceedings, and assisted developer with related proceedings before the Canadian National Energy Board.
Vantage Wind Project
Represented developer of 104 MW wind energy project in central Washington in permitting and project development.
Infrastructure and Resource Development
Buckhorn Mountain Project
Represented mining company in permitting of an underground gold mine and litigation challenging project permits.
Fuel Terminals
Represented several clients in connection with the development and permitting rail-to-vessel terminals for liquid fuels.
Gateway Pacific Terminal Project
Represented developer of proposed rail-to-vessel export terminal project for bulk commodities in Western Washington.
Potash Export Facility
Represented developer of proposed rail-to-vessel terminal for potash exports in Western Washington.
Red Dog Mine Project
Represented Teck on permitting and appeals arising from expansion into a new ore body.
Environmental Compliance & Enforcement
Air Permit Enforcement
Represented permit holder in appeal of penalty assessed for alleged violations of air permit.
Construction Stormwater Enforcement Matter
Represented project developer in defense of penalty issued for violations of General Construction Stormwater Permit.
Clean Water Act Enforcement
Represented permit holder in penalty action concerned alleged unpermitted discharges.
EHS Compliance Audits
Representing international manufacturer in connection with worldwide program of environmental, health and safety compliance audits.
Environmental Compliance and Regulatory Advice
Leading a team providing compliance and regulatory advice for a large petroleum company regarding numerous refineries and logistic facilities in the western United States.
Pipeline Enforcement Actions
Represented pipeline operator in defense of penalty and compliance orders issued by Pipeline and Hazardous Materials Safety Administration (PHMSA) of the Department of Transportation (DOT).
Refrigerant Investigation
Represented client in responding to agency investigation of compliance with refrigerant regulations under the Clean Air Act.
Seafood Processing TMDL and Permit Development
Represented Alaskan seafood processors in EPA proceedings to develop TMDLs and implement requirements in NPDES permits.
Spokane River TMDLs
Represented client in connection with the development of TMDLs for dissolved oxygen and PCBs in the Spokane River.
Water Quality Standards
Represented client in rulemaking proceedings concerning the development of human health standards and the fish consumption rate.
Environmental Litigation
CERCLA Cost Recovery Action
Represented uranium mining company in CERCLA cost-recovery action brought in federal district court for the Eastern District of Washington.
Clean Air Act Enforcement Defense
Representing defendants in civil-criminal investigation of alleged Clean Air Act violations.
Clean Water Act Citizen Suit
Represented uranium mining company in successful summary judgment motion dismissing CWA citizen suit.
EIS Adequacy Appeal
Represented intervenor in litigation challenging adequacy of Environmental Impact Statement.
Louisiana-Pacific Corporation v. Asarco Inc.
Represented Port of Tacoma in a Ninth Circuit appeal concerning the recovery of hazardous waste substance cleanup costs under federal and state laws.
NPDES Permit Appeal
Represented seafood processor in appeal of Clean Water Act discharge permit before EPA Environmental Appeals Board.
PSD Permit Appeal
Represented power plant developer in appeal of PSD permit before EPA Environmental Appeals Board.
Stormwater Citizen Suits
Represented numerous clients in the defense of litigation threatened or brought by environmental groups alleging violations of the Industrial and Construction Stormwater General Permits.