Overview

Melissa Foster is a partner in the Environment, Land Use, and Natural Resources group in the firm’s Sacramento office. Melissa has over 15 years of experience practicing environmental law and focuses her practice on facility siting, environmental compliance, and enforcement defense. Melissa is an active member of the firm’s Energy, Natural Resources, and Agribusiness Industry Groups. Her experience includes permitting natural gas-fired and solar energy facilities, as well as regulatory compliance and permitting involving water quality issues. She also has experience with CEQA, environmental, and real property litigation.

Before joining Stoel Rives, Melissa was an associate at a prominent firm in Sacramento, worked as a law clerk in the Office of the Chief Counsel at the California State Water Resources Control Board in Sacramento, and was a research assistant at the University of Oregon School of Law Ocean and Coastal Law Center in Eugene, Oregon.

Education

University of Oregon School of Law, J.D., 2003; Managing editor and staff writer, Oregon Law Review; Statements of Completion in Environmental and Natural Resources Law, and Ocean and Coastal Law

University of California, Davis, B.A., History, 1999

Admissions

California

United States District Courts for the Central, Eastern and Northern Districts of California

United States Court of Appeals for the Ninth Circuit

Experience

Regulatory Compliance

  • Advises and represents clients before Regional Water Quality Control Boards and the State Water Resources Control Board related to water quality issues, stormwater management and pollution control, NPDES permitting, waste discharge requirements, site investigation and remediation, and the Irrigated Lands Regulatory Program.
  • Advises clients regarding compliance with California’s Construction Storm Water General NPDES Permit and Industrial Storm Water General NPDES Permit.
  • Advises clients regarding the appropriate scope of environmental due diligence in real property acquisition transactions and regularly conducts environmental due diligence for project acquisitions and project financing.
  • Advises clients regarding cleanup and enforcement matters involving Regional Water Quality Control Boards and the Department of Toxic Substances Control.
  • Provides advice on all aspects of natural gas-fired facility siting before the California Energy Commission (CEC), from the preparation of Applications for Certification to responses to discovery requests and interactions with staff, hearing officers, and the Siting Committee. Represents clients during facility siting workshops and evidentiary hearings, as well as during proceedings before the full Commission. Routinely provides advice for such facilities related to permits and approvals that fall outside the jurisdiction of the CEC, including National Pollutant Discharge Elimination System (NPDES) permits, Waste Discharge Requirements (WDRs), and Army Corps of Engineers Section 404 permits.

Representative CEC Siting Projects

  • Orange County, CA. Lead counsel for the CEC licensing of a 939MW combined cycle facility. Representation of project applicant during various hearings, staff workshops, and evidentiary processes throughout the AFC process. Represent project owner during petition to amend proceedings before the CEC focused on a change in technology and associated reduction in electrical output to 844MW consisting of a two-on-one combined-cycle natural gas-fired turbine configuration and two heat recovery steam generators, a steam turbine generator, an air-cooled condenser, and related ancillary equipment (644 MW net), as well as two simple-cycle gas turbine units with a nominal capacity of 200 MWs.
  • Blythe Energy Project, Blythe, Riverside County, CA. Advised and represented project owner before the CEC regarding a Petition to Change Operational Control of the facility. Advise and represented project owner in petition to amend proceeding related to equipment upgrades.
  • Sonoran Energy Project, Blythe, Riverside County, CA. Representation of project owner in petition to amend proceedings before the CEC involving a change the technology and transmission interconnection of the licensed facility. Advised and represented project owner before the CEC regarding a Notice of Name Change, or, in the Alternative, Petition to Change Ownership of the facility.
  • Pomona Repower Project, Pomona, Los Angeles County, CA. Advised project owner regarding the process for and development of an application for Small Power Plant Exemption (SPPE) filed with the CEC.
  • AltaGas Tracy, Henrietta, Hanford. Advised and represented project owner before the CEC regarding Notices/Petitions for Change in Ownership and Operational Control.
  • Pio Pico Energy Center Project, East Otay Mesa, San Diego County, CA. Lead counsel for the CEC licensing of this 300MW simple-cycle facility. Representation of project applicant during various hearings, staff workshops, and evidentiary processes throughout the AFC process. Advised and represented project owner during various petition to amend proceedings before the CEC for the facility related to wastewater disposal, increased heat input, and increased wastewater storage tank capacity at the project site.
  • Panoche Energy Center, Fresno County, CA. Provided advice to project applicant regarding process water sources during the CEC licensing of this 400MW simple-cycle facility. Representation of the applicant during the CEC evidentiary hearing before the CEC Siting Committee. Lead counsel for a Petition to Amend the facility license for expansion of the facility footprint to include a substation. Lead counsel for a Petition to Amend the facility license to add up to three new permanent storage tanks and new permanent wastewater treatment facility as well as for the replacement of the facility’s temporary treatment system with a permanent treatment system.
  • Project located in San Diego County, CA. Assisted and advised project team with all aspects of the AFC process from 2007-2012. Drafted numerous legal briefs related to various issues raised by intervening parties, including issues related to the Coastal Commission’s role pursuant to the Warren-Alquist Act. Provided legal advice related to NPDES permitting and compliance.
  • Project located in Los Angeles County, CA. Provided advice regarding NPDES permitting and Army Corps of Engineers Section 404 permits as well as waste management components of the project from 2007 through 2012. Assistance with a Petition to Amend the facility license to use state-of-the-art rapid response combined cycle technology.

Environmental Litigation

  • Represents clients in litigation under the California Environmental Quality Act (CEQA).
  • Represents clients in actions filed pursuant to CERCLA, RCRA, and the Clean Water Act.

Published Opinions

  • Landvalue 77 LLC, et al. v. Board of Trustees of the CSU, et al., 193 Cal. App. 4th 675 (5th App. Dist. February 23, 2011)

Insights

Insights & Presentations

  • Co-author, “Effective Immediately, California Energy Commission Jurisdiction Expands to Include Non-Thermal Projects Greater Than 50 MW,” Stoel Rives Environmental Law blog, 2022
  • Co-author, “Offshore Wind in the United States,” Chapter 4, The Law of Wind: A Guide to Business and Legal Issues, Stoel Rives LLP, Ninth Edition, 2022
  • Co-author, “State Water Board Staff Releases Staff Preliminary Draft Statewide Construction Stormwater General Permit and Announces Virtual Workshops,” Stoel Rives Environmental Law blog, 2020
  • Co-author, “Onshore Permitting Requirements for Offshore Wind Projects in California,” Windpower Engineering & Development, 2020
  • Co-author, “California Wineries Take Note, Part Two: State Water Board Notices Stakeholder Meeting Regarding Winery General Order Fees,” Stoel Rives Environmental Law blog, 2020
  • Co-author, “California Wineries Take Note: State Water Board Releases Draft General Order for Winery Process Water for Public Comment,” Stoel Rives Environmental Law blog, 2020
  • Co-author, “DTSC and SWRCB Release Draft Supplemental Vapor Intrusion Guidance,”Stoel Rives Environmental Law blog, 2020
  • Co-author, “California SWRCB Launches Senate Bill 205 Compliance Page,” Stoel Rives Environmental Law blog, 2020
  • Co-author, “Senate Bill 205 Imposes New Requirements for Industrial Companies in California,” Stoel Rives Environmental Law blog, 2020
  • Co-author and co-presenter, “Storm Water: Enforcement Trends, Citizen Suits, and Lessons Learned,” presented at “Storm Water and CalARP Workshop 2019,” hosted by Condor Earth and Stanislaus County, May 2, 2019
  • Co-author, “Exclusive Jurisdiction by the California Supreme Court Over Judicial Review of Thermal Power Plant Licenses Held Unconstitutional,” Stoel Rives Environmental Law blog, 2019
  • Co-author, “2018 IGP Amendments—Everything You Need to Know,” Stoel Rives Environmental Law blog, 2018
  • Co-author, “Court of Appeal Rules Challenge to Constitutionality of Power Plant Licensing Appeals Process is Ripe for Judicial Review,” Stoel Rives Environmental Law blog, 2018
  • Author, “California’s New Industrial Storm Water Permit: Countdown to Compliance,” Stoel Rives Environmental Law blog, 2014
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Speaking Engagements

Special Reports

Recognition

  • Listed among Rising Stars (Energy & Natural Resources, Environmental), Northern California Super Lawyers®, 2013
  • Oregon Law Review, Distinguished Service Award, 2003
  • Oregon Law Review, Maxine Lee Award for Editorial Excellence, 2002

Affiliations

Professional

  • State Bar of California, Real Property Law Section, Environmental Law Subsection, Co-Chair, 2011–2015
  • Power Association of Northern California, Member
  • California Women for Agriculture, Sacramento Valley Chapter, Member
  • California Stormwater Quality Association, Member
  • Association of Women in Water, Energy and Environment, Member
  • Women Lawyers of Sacramento, Member
  • Environmental Liability, Enforcement & Penalties Reporter, Editor and Author, 2008–2015
  • Climate Change Law & Policy Reporter, Editor and Author, 2008–2011
  • California Land Use Policy & Law Reporter, Case summary contributor, 2007–2008
  • Stoel Rives Coaching & Mentoring Program, California Partner representative, 2014–present
  • Stoel Rives Coaching & Mentoring Program, Coach of the Year, California, 2013
  • Stoel Rives Coaching & Mentoring Program, Mentor of the Year, California, 2010
  • Stoel Rives Associates Committee, California Representative, 2007–2009
  • State Bar of California, Environmental Law Section, Member
  • Sacramento County Bar Association, Environmental Law Section, Member

Civic

  • Board of Directors, University of Oregon Law School Alumni Association, Member, 2022–present
  • Board of Directors, SMUD Museum of Science and Curiosity (MOSAC), Member, 2017–present
  • Parcel Tax Oversight Committee, Davis Joint Unified School District, Member, 2013–2016
  • Reunion Steering Committee, University of Oregon School of Law, Member, 2008
  • Happy Tails Pet Sanctuary, Member, Board of Directors, 2005–2006
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