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Chris focuses his practice on complex environmental regulatory work (permitting, compliance, enforcement, cleanup, transactions, and project development) as he helps clients navigate the regulatory landscape. He also works on real estate and merger and acquisition due diligence, contract negotiation, and risk management strategies. His 20 years of experience working with state and federal regulatory agencies includes serving as a former state DEQ enforcement officer, litigating environmental cases in private practice, and serving on state Advisory Committees, Business Organizations, and Boards. His numerous program areas include water quality, storm water, hazardous waste, air emissions, toxics, federal lands, and cleanup of contaminated soil, sediment and groundwater.
Permitting and Compliance
Chris provides clients permitting guidance, regulatory analysis and strategies to successfully engage with state and federal regulatory agencies to achieve their goals. This includes primarily Clean Water Act (CWA) and stormwater permitting/compliance advice, Resource Conservation and Recovery Act (RCRA) permitting and closure, Toxic Substances Control Act (TSCA) compliance, Clean Air Act (CAA) permitting, and municipal land use ordinances.
Chris previously served as lead regulatory counsel for government contractor operating the Umatilla Chemical Agent Disposal Facility (UMCDF), a U.S. Army federal facility located in Eastern Oregon charged with destruction of 12 percent of the U.S. stockpile of legacy chemical weapons. UMCDF completed safe destruction of all chemical agents in late 2011 and Chris advised the facility through successful completion of the RCRA Closure process.
Water Quality
Chris has extensive experience in all facets of Clean Water Act compliance, permitting and Citizen Suits, including both prosecution and defense, and has negotiated numerous administrative and judicial settlements of federal and state agency cases and third-party Citizen Suits. In the past few years, Chris has successfully settled numerous Oregon DEQ 1200-Z (Industrial Stormwater Permit) and 1200-C (Construction Stormwater Permit) and Clean Water Act Citizen Suits while avoiding protracted litigation. He frequently speaks and writes on water quality/stormwater, government enforcement, Citizen Suits and related emerging issues. Chris is currently serving on the Oregon DEQ “1200-Z Industrial Stormwater General Permit Rulemaking Advisory Committee” which is revising the current statewide General Industrial Stormwater (NPDES) Permit.
Regulatory Agency Enforcement
With a background as a former Oregon Department of Environmental Quality (DEQ) enforcement officer, Chris is uniquely positioned with an insider’s knowledge of the tactics of regulatory agencies. Chris has handled over a hundred agency enforcement matters and numerous contested case appeals as part of his work resolving disputes, getting clients on track with compliance, and improving their relationships with agencies.
Contaminated Properties
Chris has experience in all aspects of dealing with contaminated (or potentially contaminated) properties. He advises businesses and organizations on pre-purchase due diligence, Phase 1 Environmental Site Assessments, Phase 2 assessments, state and federal cleanup requirements, and how to work with consultants, engineers and regulators to develop a cost-effective path to cleanup and closure. He also advises clients on prepurchase due diligence, All Appropriate Inquiry, negotiating Prospective Purchaser Agreements (PPAs), environmental contract terms, and other transactional issues. He has also specialized knowledge of the cleanups on federal land under the EE/CA Non-Time Critical Removal Process. Chris has significant prior state and federal court cleanup litigation experience.
Toxics
Chris has experience representing diverse clients on regulation, management, and compliance with laws regulating toxic substances, including the Toxic Substances Control Act (TSCA) and similar state laws. This includes PCBs (spills, cleanup, transportation, storage, disposal, distribution in commerce, and regulation of electrical equipment (transformers, cables, capacitors) containing dielectric fluids. Chris is also focusing on fast-emerging issues related to per-fluorinated substances generally known as PFAS, PFOA or PFOS, which are subject to increasing state and federal regulatory scrutiny, regulation and litigation. He has advised clients on PFAS compliance, negotiated with regulators, helped evaluate risks, and regularly speaks on PFAS issues.
