|
Experience
Environment, Energy & Resources
Portland General Electric
Advised utility on strategies to complete removal of historic contamination on U.S. Forest Service property, and related negotiation of Settlement Agreement with U.S. Department of Agriculture General Counsel including preparation of Engineering Evaluation/Cost Analysis (EE/CA) for investigation and development of cleanup options; successfully obtained withdrawal of DEQ Civil Penalty action; represented company on appeal of Department of State Land (DSL) Fishing Platform Registration at Willamette Falls, Oregon; provides advice on spill response and reporting under state and federal laws.
Owens Corning
Negotiated very favorable terms for site-wide release and settlement agreement with State of Oregon / DEQ / PRPs which resolved all potential historic environmental liability and Natural Resources Damages claims for 85-year old fiber board plant in St. Helens, Oregon.
Vigor Industrial, LLC
Resolved third-party Citizen Suit alleging Clean Water Act stormwater permit violation. Successfully appealed and reversed City of Portland stormwater fees including reimbursement of improper charges. Resolved various DEQ formal enforcement actions with significant penalty reductions. Advise client on various environmental permitting and compliance and ordinance issues.
The Papé Group Inc.
Advise equipment sales and service company on numerous aspects of environmental compliance and due diligence, including purchase and lease of properties with historic environmental concerns, permitting, regulatory compliance, environmental insurance coverage, and stormwater management.
Portland Development Commission / Prosper Portland
Negotiated and obtained a one-of-a-kind Prospective Purchaser Agreement (PPA) with Oregon DEQ on behalf of Portland Development Commission/Prosper Portland for purchase and redevelopment of the 14-acre United State Postal Service (USPS) Portland Distribution Center. PPA both limits Portland Development Commission/Prosper Portland’s environmental liability for legacy contamination at the site and further identifies cleanup mechanisms and process for future redevelopment of specific areas of the property.
Umatilla Chemical Agent Disposal Facility / AECOM
Advised prime government contractor (AECOM) for the Umatilla Chemical Agent Disposal Facility (UMCDF) on a wide variety of environmental permitting and compliance issues at Eastern Oregon chemical weapon incineration facility on U.S. Army (DOD) base charged under international Chemical Weapons Convention Treaty with destroying 12% of U.S. stockpile of nerve and blister chemical agents in strict compliance with hazardous waste and air quality laws. Further, negotiated resolution of complex governmental enforcement matters and advised client through successful completion of chemical agent destruction campaign and RCRA Closure as part of project management team.
Oregon Humane Society
Advised client on environmental due diligence related to acquisition of numerous properties with historic environmental impacts. Negotiated and obtained favorable Prospective Purchaser Agreements (PPAs) and Columbia Slough Settlement agreements to reduce and resolve environmental liability sitewide.
Jordan Cove Energy Project
Evaluated land use criteria, drafted applications and written arguments, developed records and provided guidance to ensure robust and defensible environmental and other criteria and conditions for local land use permits for LNG facility.
PepsiCo Inc., Albany Facility
Assisted PepsiCo in successfully obtaining favorable 401 Certification from Oregon Department of Environmental Quality regarding facility's ability to comply with state water quality standards.
Opal Creek Ancient Forest Center v. U. S. Forest Service
Represented non-profit environmental education organization regarding investigation and remediation of historic mining sites within Opal Creek Scenic and Recreation Area. Successfully negotiated Administrative Settlement Agreement with U.S. Forest Service for conducting Engineering Evaluation/Cost Analysis (EE/CA) regarding investigation and development of cleanup options for historic mining sites.
Bullseye Glass
Advised art glass company on compliance with new DEQ air quality regulations, investigation of Underground Injection Control (UIC) facilities, and negotiation of Discharge Authorization with City of Portland Bureau of Environmental Services (BES).
Jacobson Warehouse Companies
Obtained favorable settlement of third-party Citizen Suit alleging Clean Water Act stormwater permit violations.
WhiteBirch Paper Company, SP Newsprint Company
Advised paper company on environmental due diligence during acquisition of Oregon recycled newsprint mill.
Koppers Inc. v. Department of Environmental Quality
Negotiated renewal of National Pollutant Discharge Elimination System (NPDES) Stormwater Permit with state agency. Assisted client in obtaining alternate discharge permit with City of Portland for facility wastewater.
Burns, et al. v. MBK Partnership, et al.
Successfully negotiated state and federal CERCLA consent decrees, obtained substantial contribution from multiple insurance companies and settled liability of a primary defendant in complex federal asbestos litigation.
CLEAN v. Briar Development Company
Successfully obtained change in state law to add methane as "hazardous substance" in order to obtain state oversight of development on historic landfills.
Department of Environmental Quality v. Fred Meyer
Obtained approximately 75% reduction of state civil penalty in alleged diesel release enforcement action.
EPA v. Harrison Heights, LLC
Negotiated substantial reduction in federal civil penalties and resolved EPA compliance order in stormwater enforcement case concerning large residential development project.
Fred Meyer v. Northwest Pump & Equipment Company
Settlement recovery of $1.1 million in multi-party environmental cleanup, product liability and contractor negligence case.
Northwest Environmental Defense Center (NEDC) v. Roadmaster
Settled Clean Water Act citizen suit and negotiated stormwater management plan with City of Portland which eliminated need for NPDES permit.
Sierra Club v. Oregon Fresh Farms Inc.
Obtained substantial settlement, compliance agreement, and modified NPDES permit from vegetable processor located on Columbia Slough.
Litigation
Large National Bank v. Van Veldhuizen Dairy
Advised bank on environmental investigation and remediation of owned asset (dairy) with historic contamination. Lead counsel for bank in litigation and settlement of suit involving recovery of environmental costs and resolution of fixture dispute. Assisted bank in successful subsequent sale of dairy property.
Group Against Smog Pollution (GASP), et al. v. Environmental Quality Commission, U.S. Department of the Army and Washington Demilitarization Corporation
Circuit Court of Oregon, Multnomah County
Lead counsel for intervenor Washington Demilitarization Corp. (WDC), incinerator operator, 2009 defense against TRO and PI motions and our subsequent successful summary judgment and appeal defense, and in two prior extended bench trials, all relating to incineration of 12% of U.S. chemical weapons stockpile, addressing Resource Conservation & Recovery Act (RCRA) and Clean Air Act (CAA) permit matters. Prevailed against all injunction requests and in all six cases by retaining full permits and continued processing of two kinds of nerve gas and of mustard agent.
West Coast Media v. City of Gladstone
Court of Appeals of Oregon
Successfully argued commercial free speech case in Oregon Court of Appeals concerning denial of development permit.
