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Hume Law Group, Seattle, WA (2026)

03/29/2023

Endangered Species Blog Post Part II: Listing an Endangered Species

In the last post, we discussed the Endangered Species Act (ESA) as it applies to land use and the marbled murrelet. For this post, we are going to delve a little deeper into a specific ESA concept: listing an endangered species.

How does a species get listed on the endangered species list? There are two ways to initiate the addition of a species to the endangered species list, 1; The Department of Fish and Wildlife receives a petition from a person or organization for a species to be listed as threatened or endangered, to reclassify a species, or delist a species and 2; The Department voluntarily chooses to examine the status of a species by initiating a status review of a species.

If the petition to list the species is from the public, there is a preliminary 90-day review “to the maximum extent practicable” (Endangered Species Act). This means the Department reviews all the information provided to it. If it finds that there is enough relevant scientific data to support the contention of listing, the positive finding gets published in the federal register (think of the federal register as a daily gazette for Presidential documents and new or amended federal regulations) - opening it up to a public comment period. Once a positive finding is made, the species is now considered a “candidate” for listing under the ESA.

After becoming a candidate species, there is an in-depth review of the species status; this review involves collecting and analyzing the best available scientific and commercial information on the species, including its biology, ecology, abundance and population trends, and threats to the species, in order to evaluate the species’ extinction risk. Within one year of the petition to Fish and Wildlife to list the species, they will publish a proposed rule in the federal register for listing that species as threatened/endangered. This proposed rule is now open for public comment and public hearings may be held. After the department reviews all of the comments and any new data, they make their final rule. This entire process is mandated in the ESA and will take at least 2 years to complete.

If the Department of Fish and Wildlife voluntarily chooses to review a species status, it is not bound by the statutory deadlines, and the process can be much faster and less cumbersome. However, if the Department does not use the relevant scientific data, their decision can be brought to court as arbitrary and capricious.

If you need legal services, contact us at [email protected] or call (206) 446-5285 to discuss what we can do for you.

03/08/2023

Blog Post: The Marbled Murrelet

The marbled murrelet is a seabird that dwells in old growth forests. What do these fellas have to do with a legal 101 blog? Well, the marbled murrelet is an endangered species under the Endangered Species Act (ESA). Its sole habitat is old growth forests. An old growth forest is thereby considered critical habitat, which is legally protected. Do you see the dilemma here? Let’s say a company owns thousands of acres of old growth forest. If there is a presence of marbled murrelets, the company might not be permitted to use the land for whatever purpose it so desires. The land could be rendered useless to the company. This is where attorneys come into the picture. For this blog post, we are going to delve a little into the ESA (now in its 50th year!) as it applies to land use and why the marbled murrelet is a legally complex case.

The marbled murrelet was labeled endangered in 1992. Over the course of the last several decades, there have been a plethora of cases involving the protection of the critical habitat of the marbled murrelet. Critical habitat is a very important piece of being an endangered species. When an area is considered critical habitat for an endangered species to survive, all government agencies must consult with the National Oceanic Atmospheric Administration (NOAA) and the US Fish and Wildlife Service (FWS) to make sure the correct efforts are being taken to ensure the habitat is viable for the endangered species. Critical habitat is habitat within a geographical area that is occupied by the species at the time of ESA listing. It contains physical or biological features essential to conservation that may require special management considerations or protection. Lands outside the geographical area occupied by the species can be considered critical habitat if the agency determines that the area itself is essential for conservation. This is where most problems arise.

You may be saying, but if I own the land, can’t I do what I want with it? Well…that depends: do you need a permit for whatever you are trying to do on the land? If you do, then whatever department you apply to for that permit will have to consult with NOAA or FWS if that permit will affect any critical habitat even if it is “downstream” of the activity you are taking.

Let’s take an example: say you are one of the biggest timber companies in the northern hemisphere and want to cut down some trees. If those trees are considered part of an old growth forest where the murrelet nests, we have a problem! Old growth forests are critical habitat of the marbled murrelet and cannot be harvested for timber without running afoul of the ESA. As for the timber company, are you just out of luck? Are your hundreds of thousands of acres useless? As we like to say in the law, it depends!

There are some ways to make use of that land; one route a company can take to protect both its assets and the marbled murrelet habitat is a Safe Harbor Agreement (SHA). A SHA is a legal agreement between the land owner and either NOAA or FWS in which the landowner agrees to take actions that contribute to the recovery of the listed species on the non-federal lands they own. In return for these legally binding promises, the FWS/NOAA give the landowner an Enhancement of Survival Permit where NOAA/FWS agree not to require any additional or different management activities without the landowner's consent and also allow the landowner to have “incidental take rights” (for some actions taken) under the SHA. This allows the landowner to use their land in a manner that is financially beneficial while still protecting the marbled murrelet’s nesting grounds. SHA are one of the largest tools that the ESA has to get private parties involved in the conservation and protection of critical habitat, which is so important for these endangered species.

Now that you know a little more about endangered species, we hope you will do something special to celebrate the ESA’s 50th anniversary. Cheers to the marbled murrelet!

If you need legal services, contact us at [email protected] or call (206) 446-5285 to discuss what we can do for you.

11/30/2022

Blog Post: Starting Your Own Business

When starting your own business, one of your first decisions will be selecting a type of entity to form. The entity you choose will greatly influence how much personal liability you assume, how you will be taxed, how you are obligated to compensate your employees, and more. As such, taking the time to talk with a qualified attorney and determine the best option for your business is a vital step you should not skip.

In this blog, we will share an overview of the five most common entity structures. While this article covers the basics, you should consult an experienced business planning attorney before making a final decision and filing your corporate paperwork. The five most common entity structures are:

*Sole Proprietorship
*Partnership
*C Corporation (C Corp.)
*S Corporation (S Corp.)
*Limited Liability Corporation (LLC)

Sole Proprietorship
A sole proprietorship is when someone owns and runs a business by themselves. That business is unincorporated. This structure is the simplest and easiest to understand. To form a sole proprietorship, you won’t need to complete any formal entity formation filing with the federal government. Entity formation filing is separate from business licenses; you must obtain one in order to sell any service or goods. If you remain the only owner, you are a sole proprietor for as long as you are selling your services. For example, a freelance writer who works alone is a sole proprietor. When it comes to taxes, there is no differentiation between you and your business, so you are taxed as one and will use a Schedule C and a Standard Form 1040.

The only fees involved are those required for the business licenses and permits required by the state in which you live and operate. Additionally, there is no limit to the amount of people that you can have working for you in a sole proprietorship. One significant drawback is that the owner of the sole proprietorship is personally responsible for all debts of the business. There is no separation of the business and the person, so if something happens to the business and it cannot meet its obligations, creditors can come after your personal assets (car, home, bank accounts) to cover the debts. It can be harder to get a loan or line of credit from a bank because of this personal liability.

Partnership
A partnership is an association of two or more persons, known as general partners, who act as co-owners of a business and operate it for profit. Every state has specific laws on the formation and dissolution of partnerships, as well as laws regarding the legal responsibilities of each partner. Partnerships need only file an information return (a form indicating the partnership's income, expenses, and profits or losses) with the Internal Revenue Service, but the partnership itself does not pay taxes. Each partner pays federal, state, and local taxes on their income from the partnership as if it were personal income.

For a partnership, the partners must have a partnership agreement; if the business is intended to last for more than one year, the agreement must be in writing. However, it is always a good idea to have the partnership agreement in writing no matter what. The partnership agreement must contain: the name of the partnership, the names of each partner, a general description of the type of business the partnership will conduct, the financial contributions of each partner, how profits and losses will be divided, how partners can leave the business and how new partners can be added, what steps must be taken to dissolve the partnership, and the powers and duties, including limitations or restrictions on a partner.

Like the sole proprietorship, each partner is personally responsible for the debts of the partnership. There can be shielding of one partner in a limited partnership. A significant disadvantage to a partnership is that either partner in a general partnership can decide when it is over and end the business. In a limited partnership, only the general partner can end the partnership and the limited partner is along for the “ride”.

C Corp.
C Corporations are what most people generally think of when they think of a corporation. It is a very well regulated, monitored entity. There are strict requirements at both the state and federal level to starting a C Corp. They are considered separate entities from the owners of the business. The corporation can own property, be taxed separately, and be held legally liable for debts and crimes. Corporations must have a board of directors, stock (private or public), and extensive record keeping, operational processes, and reporting. Corporations can raise capital easier than sole proprietorships and partnerships because they can sell stock (albeit, it is heavily regulated) and apply for loans or lines of credit separately from the owners. One drawback to C Corps. is double taxation, meaning both the Corporation and shareholders are taxed. The corporation is taxed on all profits, and then when dividends are paid to the shareholders, those are taxed as well.

S Corp.
S Corps. are a special type of corporation designed to avoid the double taxation of the C Corp. Some profits and losses are passed through directly to owners’ personal income without being subject to corporate taxes. All S Corps start as C Corps and must file with the IRS to obtain S corp status in addition to registering with their state. Similarly, S Corps have a separate identity from the owners in that if shareholders leave or sell their stocks, the corporation will continue.

LLC
A Limited Liability Company, or LLC, is a hybrid entity between the sole proprietorship and a corporation. There can be one or many members of the LLC; like a partnership, there should be an LLC agreement. LLCs have the pass through income of a partnership/proprietorship, but the liability shielding of the separate entity status of a C/S corp. You can decide if the LLC will be taxed as a corporation or as a partnership; however, members of LLCs are considered self-employed and must pay the associated taxes. LLCs must file tax returns if they are taxed as corporations, but if that option is not elected, members will file personal tax returns.

To wrap up, selecting the most appropriate structure type may have a large impact on your new business. Taxes, personal liability, and simplicity are just a handful of pros/cons to consider when making the decision. An attorney can help to ensure you are setting up your business for success while putting the proper legal safeguards in place.

If you need legal services, contact us at [email protected] or call (206) 446-5285 to discuss what we can do for you.

09/29/2022

Helping Your Family After You're Gone

Thinking about your eventual death is a difficult thing to do and one of the main reasons that a lot of people don't set up a will. However, if you don’t have one as part of an estate plan, you can almost guarantee your loved ones more stress and a lot more time spent handling your affairs after you are gone, instead of giving them more time to grieve and celebrate your life.

Is there a difference between a will and an estate plan? The quick answer is yes. Despite some people using them interchangeably to describe their plan for after they are gone, a will is really just the base part of a complete estate plan. Even if you aren’t nearing the end of your life, it can be important to have a plan in case the unthinkable happens.

Let’s start with what is a will and what it can and cannot do. A will is just a written legal document that gives light to what you want done with your things after you are gone. A well drafted will should unambiguously explain who will (or will not) get what out of your assets and possessions at the time of your passing as well as who will have custody of any minor children. If you don't have a will at the time of your death or if your will is found invalid, you die intestate. If you die intestate, all of your assets are distributed by the court through a state’s inheritance laws. This can be costly and time consuming in a difficult time for your family.

There are countless things to consider when estate planning, so we’ll just gloss the surface of a few in this blog and delve deeper in later posts. You’ll have to put together a list of assets, like life insurance policy documents, deeds & mortgages, account numbers & institutions, and other valuables (cars, family heirlooms, jewelry) - just to name a few. You and your attorney will also establish burial plans, funeral/memorial arrangements, and plot information if you already have one selected. If married, the spouses must decide on a joint will or two separate wills. There are advantages and disadvantages to both; although, joint wills are generally not preferred because of the inability to change things once one spouse dies. One last important thing to start thinking about is who you want to name as executor of your will. This person will be the one to handle things in the name of your estate after you are gone. Some people name a spouse or children, but, while convenient, sometimes it is not the best choice.

A will is not a tool to keep your estate out of probate; rather, a will ensures everything will go to probate because a probate judge must assess the validity of your will. Think of a will as a checklist for a probate judge to follow in making sure things get where they need to go. Additionally, a will is a one shot thing: once you die, your things are immediately given to those you chose all at once. There is no way to create a periodic distribution of assets in a will; your beneficiaries inherit it in one lump sum. For alternative distribution types, you would also need a trust. This is why a will is only the base part of a comprehensive estate plan.

If you need legal services, contact us at [email protected] or call (206) 446-5285 to discuss what we can do for you.

09/20/2022

Neighbors & Nuisances

Does your neighbor have too many pink flamingos in their yard for your liking? While questionable lawn décor may be an eyesore, it’s not a legal problem. When do your neighbors’ quirks become a legal problem that can be addressed? Think of conditions such as perpetual loud noises, bad smells, bright lights, pollution or piled up garbage. These are substantial, unreasonable interferences with the use and enjoyment of another person's property; this is called a private nuisance.

Legally speaking, there are two types of nuisances: private nuisances and public nuisances. Public nuisances are property uses that threaten public health, safety and welfare. Common examples involve polluting land or water (leaking barrels of oil), harboring dangerous animals (tigers in a backyard), storing dangerous materials (nuclear waste), among others. This type of land use threatens the general public interest and can be actionable by civil suits or even criminal prosecution.

In the law, an actionable nuisance is whatever is indecent or offensive to the senses, injurious to health, or an obstruction to the free use of property, which essentially interferes with the comfortable enjoyment of life and property. If these conditions occur, this may be an actionable claim. Four components must be present for a private nuisance to constitute an actionable claim:

1) You have property rights in the land you are trying to protect,

2) Your neighbor’s property use results in a significant harm to your property use,

3) Your neighbor’s use or conduct is the legal cause of the harm you are suffering, and

4) Your neighbor’s use is either (i) intentional and unreasonable, or (ii) unintentional and otherwise actionable under the rules governing liability for negligent, recklessness, or ultra-hazardous conduct.

Now that you know the components of an actionable private nuisance claim, what are your remedies? Any person whose property is injuriously affected or whose personal enjoyment is lessened by a nuisance may sue for damages and for an injunction to abate the nuisance (i.e. stop your neighbor from doing what they were doing). Don’t wait to see if it goes away. While you might think being a good neighbor won’t make things worse, it can! The law gives you a limited time to bring forth an actionable nuisance claim; otherwise, you may be stuck with the behavior or intrusion to your privacy.

To wrap up, nuisance law is complicated. There are some things that may always be considered a nuisance, some that are a nuisance simply because a statute says so, and some others that are a nuisance just as a matter of the specific circumstances involved. As a landowner, it’s important to be aware of nuisance law, for you might be responsible for a nuisance even if you did not actually create the conditions amounting to the nuisance. Congrats on taking the first step towards protecting your property rights by learning about nuisances!

09/07/2022

As every blog writer is obligated to do so, I am writing a blog about me: Ty James Hume, partner at Hume Law Group. Before you ask, Ty isn’t short for anything - not Taylor, not Tyler, just Ty. You can thank my mom for her creativity.

I was born and raised in Spokane, Washington, with 3 siblings. My older brother and I were classic rough housers, and I have several scars to prove it. I suppose our constant physical activity was inspired by my father, a very muscular, athletic man. Many memories of mine involve us all boxing, playing football, and wrestling out in the backyard, getting ready for our next match or game. I looked up to my father and strove to be strong like him…especially since life robbed us both of height.

I started wrestling in elementary school and continued in middle school and high school. Shy of 100 pounds, I was thrown into the smallest weight category. Some wrestlers underestimated me; they had no idea of the power behind my punch and absolute refusal to quit. I was stubborn. Wrestling ingrained within me a sense of resilience and appreciation for hard work. No matter how strong I was, I would be nothing without knowledge, strategy, technique, and skill produced from dedicated practice. Wrestling also made me adaptable. All within a second, I might have to move into the defensive and rotate into a better position all while my opponent attempts to fold me into a pretzel.

Following high school, I became a professional boxer. My life consisted of working during the day, training for two hours, and then lifting for another two. Work, train, lift, repeat. I abstained from alcohol for an entire year and a half, concentrating on the game. Luckily, my metabolism was good, so I never had to worry about cutting/making weight for a fight. It was hard work, but I loved every minute of the environment and the people.

I guess I’ll leave you, my blog reader, with a little boxing 101 lesson: the left hook. A left hook is my bread and butter shot. The key to a great left hook is rotation. You must rotate everything: hips, shoulders, and feet. Best of luck!

If you need legal services, contact us at [email protected] or call (206) 446-5285 to discuss what we can do for you.

09/07/2022

Divorce…what to do with the house?

There is never a good “time” to get a divorce, but if you do find yourself in this situation, there are always some big questions to be answered. Who gets the house and who gets custody of the kids always seem to be the biggest ones. There are plenty of emotions and memories attached to a house, and this is where problems arise. Assigning a price to where you planned to raise your family and build your lives together is difficult. Homes are typically a couple’s largest asset and what happens to the house can have serious financial implications for both parties in the future. There are several common ways of organizing the disposition of a house in a divorce.

Selling the home

If neither of you want the house or can afford it alone, the easiest, yet likely hardest move, is to sell the home. This is a moment of no going back; it gives the situation a feeling of finality.

Selling an interest in the house

This option involves one spouse releasing his/her interest in the co-owned property in exchange for cash or the promise of cash to be paid in the future. If there are children, this can be an attractive option to mitigate upheaval in the children’s lives. Forcing them into a new living situation on top of everything else can be damaging. This option can be very tricky, and a consultation with an attorney to make sure everything gets covered is important.

Continue being co-owners

If neither of the previous options will work in your situation, then consider continued co-ownership. Redefine your relationship with your ex-spouse as a professional one in which you manage the home for a predetermined amount of time. There can be continued cohabitation or removal of both parties from the house to create a rental property. Legally speaking, this can be a bit more difficult than the other options as you would have several contract, real estate, and business needs.

If you need legal services, contact us at [email protected] or call (206) 446-5285 to discuss what we can do for you.

09/07/2022

Welcome to the Hume Law Group page. We will be using our social media as a medium for blogging Legal 101 posts to help you navigate all of your legal needs.

We look forward to serving you with our blog.

Hume Law Group

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