Home » About PLF » Staff

Brian T. Hodges

Managing Attorney, Northwest Center (Bellevue, WA)
(425) 576-0484


Practice areas


Background

Brian T. Hodges is the managing attorney of PLF’s Northwest center.  He is a strong proponent of individual and property rights and actively litigates in the areas of regulatory takings, due process, land use, water law, environmental law, growth management, Indian law, and administrative law.  In his years at PLF, Mr. Hodges has successfully litigated numerous property rights cases, including Citizens’ Alliance for Property Rights v. Sims which invalidated a government plan to force all rural residents of King County, Washington to set aside up to 65% of their land as natural resource areas.  Mr. Hodges frequently participates as faculty at legal conferences and volunteers his time to mentor to law students learning appellate advocacy.

Prior to joining PLF in 2006, Mr. Hodges served as a judicial clerk at Division I of the Washington State Court of Appeals and was in private practice for several years where he focused on complex civil litigation, with a special emphasis on appellate advocacy.

Admitted to practice
  • Washington Courts
  • Oregon Courts
  • United States Supreme Court
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Federal Circuit
  • Federal District Court for the Western District of Washington
  • Federal Court of Claims

Representative Appellate Decisions

  • Coeur Alaska Inc. v. Southeast Alaska Conservation Council, – U.S. –, 129 S. Ct. 2458, 174 L. Ed.2d 193 (2009) (Environmental Law - Discharge of slurry from a mine into a retention pool is not subject to the Environmental Protection Agency’s effluent limitation and performance standard permits.)
  • Dunlap v. City of Nooksack, Washington Court of Appeals, Div. I  No. 63747-9 (Oct. 25, 2010) (Regulatory Takings - City’s decision that its stream buffers prohibited reasonable development of residential property violated the Takings Clause of Washington’s Constitution).
  • Fitzpatrick v.  Okanogan County, 169  Wash.2d 598; 238 P.3d 1129 (2010) (Inverse Condemnation - A local government may be held liable for inverse condemnation where flood control actions caused a river to change course and overflow plaintiffs’ property)
  • Leu v. International Boundary Commission, 605 F.3d 693 (9th Cir. 2010) (Separation of Powers/Jurisdiction - District Court lacked jurisdiction to hear challenge to the President’s decision to terminate the U.S. International Boundary Commissioner’s appointment after the commissioner threatened to destroy a private landowner’s garden retaining wall.)
  • Gold Star Resorts, Inc. v. Futurewise, 167 Wash.2d 723, 222 P.3d 791 (2009) (Administrative Law/Separation of Powers - A quasi-judicial agency acted outside its authority when it adopted and applied legislative standards.)
  • Citizens’ Alliance for Property Rights v. Sims, 145 Wash. App. 649, 187 P.3d 786 (2008) (Exactions/Land Use - A county environmental regulation requiring all rural property owners to set aside 50-65% of their land in natural vegetation violated the constitutional rough proportionality requirement as incorporated in state law)
  • Thurston County v. Western Washington Growth Management Hearings Board, 164 Wash.2d 329, 190 P.3d 38 (2008) (Administrative Law/Separation of Powers - A quasi-judicial agency cannot set statewide legislative standards limiting local governments’ discretion to set their land use policies.)


Select Publications

  • Brian T. Hodges & Daniel A. Himebaugh, Have Washington Courts Lost Essential Nexus to the Precautionary Principle?  Citizens’ Alliance for Property Rights v. Sims, 40 Environmental Law Review 829 (2010)
  • Brian T. Hodges, Designating and Protecting Critical Areas Under the Growth Management Act After Swinomish Indian Tribal Community v. Western Washington Growth Management Hearings Board.  (2007)
  • Brian T. Hodges, The Grass is Always Greener: Foreign Investor Actions Against Environmental Regulations Under NAFTA’s Chapter 11, S.D. Myers v. Canada, 14 Georgetown International Environmental Law Review 367 (2001)
  • Brian T. Hodges, The Cracking Facade of the International Whaling Commission as an Institution of International Law: Norwegian Small-Type Whaling and the Aboriginal Subsistence Exemption, 15 Journal of Environmental Law & Litigation 295 (2000)


Select Presentations

  • Faculty, Introduction to Regulatory Takings, Forest & Fish Rules and the Law:  Takings Impacts on Small Forest Landowners.  Citizens’ Alliance for Property Rights & Family Forest Foundation (June 2010)
  • Faculty, The Changing Regulatory Environment of Shoreline Critical Areas – the SMA, GMA, Futurewise, and the Future, Citizens’ Alliance for Property Rights Shorelines Workshop (March 2010)
  • Faculty, Securing Property Rights in Rural Areas, Preserving the American Dream Conference, American Dream Coalition (April 2009)
  • Faculty, Appellate Advocacy: Using the Record for Maximum Impact, CLE (September 2009)
  • Faculty, Citizens’ Alliance for Property Rights v. Sims – The Impact of RCW 82.02.020 on All Things Land Use, Hot Topics in Land Use and Environmental Law, Washington State Bar Association (February 2009)
  • Faculty, What Does the Future Hold for King County’s Critical Area Ordinance after Citizens’ Alliance for Property Rights v. Sims?  King County Bar Association, Environmental Law Section (September 2008)
  • Faculty, The Implications of Citizens’ Alliance for Property Rights v. Sims on Development Regulations, Growth Management Act CLE, Law Seminars International  (December 2008)
  • Faculty, Designating and Protecting Critical Areas Under the Growth Management Act After Swinomish Indian Tribal Community v. Western Washington Growth Management Hearings Board, Washington Farm Bureau Annual Conference (2007)
  • Faculty, Policy Priorities for the Growth Management Act:  Protecting Property Rights, Growth Management Act CLE, Law Seminars International (November 2007)


Education

Mr. Hodges graduated cum laude from Seattle University School of Law, where he was an invited member of the Order of Barristers, and received his M.A. and B.A. from the University of Washington. Mr. Hodges is the author of journal articles ranging from growth planning and the privatization of public laws to whaling, which have been cited multiple times by courts and government agencies.

 

PLF Client Highlight

"A 20 year battle is over, thanks to Pacific Legal Foundation.  My father would be proud. Thank you PLF for your support."
Coy Jr. and Linda Koontz

Connect with Us       Donate to PLF


What Your Support Means

Donate to PLF

 

A PLF Victory for Freedom

Supreme Court Victories


PLF Donor Highlight

"For PLF, it's not a job - it's a passion. You can feel very good about how well your money is used in support of the programs they have."
Dr. Robert S. Pepper

Our History       Join The Fight