Experience

Cherise Oram is a partner in the Natural Resources and Land Use practice group. She focuses her practice on federal environmental and natural resources law with an emphasis on endangered species and energy facility permitting and compliance issues. Cherise has extensive experience on issues arising under the Endangered Species Act, Federal Power Act, Marine Mammal Protection Act, Magnuson-Stevens Fishery Conservation and Management Act, National Environmental Policy Act, Clean Water Act and Administrative Procedure Act. Representative clients include developers and owners of hydropower dams, wave and tidal energy projects, wind energy projects, liquid natural gas (LNG) facilities, and oil and gas facilities in complex permitting matters. Cherise formerly worked in the National Oceanic and Atmospheric Administration's Office of General Counsel representing the National Marine Fisheries Service (NOAA Fisheries Service) on endangered salmon, hydropower dam, and forestry issues in California.

Representative Work

Wave, Tidal, Pumped Storage, and Small Hydro Projects

• Advise wave energy developer on strategic permitting issues for wave energy project on Oregon coast, including Federal Energy Regulatory Commission (FERC) licensing, endangered species, marine mammal and coastal zone issues; negotiated and drafted settlement agreement with federal, state and non-governmental stakeholders.
• Advise integrated renewable energy developer on pumped storage licensing and permitting issues for proposed closed-loop project in Montana.
• Advised tidal energy company on environmental permitting standards including endangered species and state water quality compliance related to proposed tidal energy project in New York.
• Filed competing preliminary permit application and negotiated agreement on behalf of irrigation district regarding design and revenue sharing for proposed incremental hydropower project on existing federal dam in Oregon; continue to advise client in FERC licensing proceedings.

Hydropower Dam Relicensing and Environmental Compliance

• Negotiated and drafted five settlement agreements with up to 26 federal, state, tribal, local and non-governmental parties for relicensing large hydroelectric projects in Washington, Oregon, Idaho, and Montana. Representation included developing environmental compliance strategies, negotiating agency mandatory conditions, drafting explanatory statements and proposed license articles, developing biological assessments and Preliminary Draft Environmental Assessments (PDEAs), and advising client on liability issues, license enforcement, agency mandatory conditioning authority, and sensitive information sharing. Settlements resolved issues ranging from ramping, fish passage and water quality to recreation, cultural resources and flood control.
• Successfully obtained ESA "not likely to adversely affect" (NLAA) determination for bull trout and bald eagles related to relicensing large hydropower project with developments in Washington and Idaho; continue to advise utility on bull trout ESA compliance issues at developments in Montana and Idaho.
• Represent utility in development and implementation of relicensing strategy as it relates to hydropower project's habitat conservation plan (HCP); assisted in development of successful ESA strategy to obtain HCP permits for two hydroelectric projects after nine-year permitting effort; advised client on bull trout ESA consultation and successfully negotiated USFWS terms and conditions for bull trout; continue to advise client on ESA compliance and hatchery permitting issues.
• Represent California irrigation district on ESA issues related to relicensing of district's hydropower facilities.
• Advised utility in preparation of material fact challenges to Federal Power Act Section 18 prescriptions and proposed fishway alternatives under Energy Policy Act of 2005 for multiple developments in Oregon and California.
• Negotiated and drafted two multi-party decommissioning settlement agreements for hydroelectric projects in Oregon and Utah, resolving all issues related to interim project operations, project decommissioning, removal of facilities, and project lands and water rights disposition.

Endangered Species Act Compliance

• Advise liquid natural gas (LNG) company in ESA section 7 consultation and Marine Mammal Protection Act (MMPA) compliance strategy related to proposed construction and operation of LNG terminal in Pacific Northwest.
• Advise oil and gas client on Southern Resident killer whale regulatory issues, including drafting comments in response to proposed critical habitat designation, recovery plan, and Puget Sound vessel regulations.
• Advise commercial fishing association on ongoing ESA and MMPA compliance issues critical to fishing activities in Hawaii exclusive economic zone (EEZ) and on high seas.
• Advised various public and private entities on ESA compliance strategies, including: wind energy developer on Indiana bat consultation issues; port on killer whale issues related to relocation of cruise ship operations; pulp and paper mill in development of ESA strategy for discharge permit; Oregon irrigation districts in development of HCP related to reintroduction of ESA-listed salmon; and housing developer in preparation of HCP for listed butterflies.
• At NOAA, represented NOAA Fisheries Service in Section 7 consultations with FERC, U.S. Army Corps of Engineers, Environmental Protection Agency, and Bureau of Reclamation; negotiated and drafted HCPs for state's fishing program, irrigation district's water diversion, and forest product company's timber management plan.

Professional Honors & Activities

• Board member, National Hydropower Association (NHA), 2010
• Board member, Ocean Renewable Energy Coalition, 2007-2010
• Chair, NHA's Legislative Committee, 2010
• Chair, NHA's Ocean, Tidal and New Technologies Council, 2008-2010
• Advisory board member, NHA, 2009-2010
• Peer Review Panelist, Department of Energy Water Power Program Peer Review Panel, 2009
• Chair, 2007-2008, Vice Chair, 2006-2007, Energy Bar Association's Hydroelectric Regulation Committee
• Chair, 2004-2006, Vice Chair, 2001-2004, ABA Endangered Species Committee
• Vice chair, ABA Hydropower Committee, 2003-2007
• Recipient, PacifiCorp "Exceptional Leadership, Creativity and Dedication" Award in the Lewis River hydropower projects settlement process, 2004
• Recipient, Interagency Task Force to Improve Hydroelectric Licensing Process "Exceptional Performance and Dedication" Award in interagency effort involving the U.S. Departments of the Interior, Commerce, Energy and Agriculture and the U.S. Environmental Protection Agency, 2000
• Member, Northwest Hydroelectric Association

Presentations

• "Overcoming Barriers and Offering Incentives: Ocean Energy's Infrastructure, Regulatory and Financing Needs," Capitol Hill Ocean Week, Washington, D.C., 2010
• "New Technologies Spotlight: Wave Energy Update," NHA Annual Conference, Washington, D.C., 2010
• "Developing Hydropower and Hydrokinetic Projects: Licensing and Permitting," North American Hydropower Finance and Investment Summit, Washington, D.C., 2009
• "Adaptive Management Case Studies," NOAA and Coastal States Organization's Marine and Coastal Renewable Energy Adaptive Management Workshop, Washington, D.C., 2009
• "Regulatory and Policy Framework," Ocean Renewable Energy Conference, Seaside, Oregon, 2009
• "New Technologies Spotlight," NHA Annual Conference, Washington, D.C., 2009 (moderator)
• "Emerging Technologies: Permitting, Generation & Transmission – Tidal and Wave Energy," Washington State Bar Association's Environmental and Land Use Section Midyear Meeting and Seminar, Chelan, Washington, 2009
• "Permitting & Permissions," Global Marine Renewable Energy Conference, Washington, D.C., 2009 (moderator)
• "Lessons Learned in Developing Ocean, Tidal and Hydrokinetic Projects," Renewable Energy World Conference, Las Vegas, Nevada, 2009 (moderator)
• "The Endangered Species Act: Should Alaska's Natural Resource Economy Be Listed as Endangered?," Resource Development Council's 29th Annual Conference, Anchorage, Alaska, 2008
• "Stages of Development: From Concept to Commercialization," Ocean Renewable Energy Conference, Coos Bay, Oregon, 2008
• "Resolving Stakeholder Issues Through Adaptive Management," Seattle/Puget Sound Tidal Energy Symposium, UK-Pacific Northwest Marine Energy Mission, Seattle, Washington, 2008
• "Environmental Protection: Addressing the Regulatory Challenges," Hydrovision 2008 Ocean/Tidal/Stream Power Track, Sacramento, California, 2008
• "Renewable Energy: The Latest Developments," Oregon Law Institute's Going Green CLE, Portland, Oregon, 2008
• "Legal Issues Roundtable," NHA Annual Conference, Washington, D.C., 2008, (moderator)
• "New Technologies: Fish and Wildlife Permitting Issues," NWHA Annual Conference, Portland, Oregon, 2008
• "Hatchery Policy & Steelhead 'Downlisting' Invalidated," CLE Webcast, Seattle, Washington, 2007, (moderator)
• "The Endangered Species Act's Section 7 Consultation Requirement: A Refresher on the Latest Best Practices," Land Use in Washington CLE, Seattle, Washington, 2007
• "Species Protection: Resolving Today's Top Issues," NHA Annual Conference, Washington, D.C., 2007, (moderator)
• "ESA Basics and Section 7 Consultation Strategies for Hydropower Relicensing and License Amendments," Hydropower Relicensing CLE, Portland, Oregon, 2006
• "The Endangered Species Act's Section 7 Consultation Requirement: Strategies and Tools," Permitting Strategies CLE, Seattle, Washington, 2006
• "Planning and Project Permitting Updates: ESA Section 7 Consultation Requirement" Land Use in Washington CLE, Seattle, Washington, 2006
• "New Legal Standards and Requirements: A Status Report," NHA Annual Conference, Washington, D.C., 2006, (moderator)
• "Federal Power Act: Overview and Recent Decisions," California Hydroelectric Projects CLE, San Francisco, California, 2006
• "ESA Implementation Issues," The Endangered Species Act CLE, Tucson, Arizona, 2005
• "License and Settlement Amendments," Northwest Hydroelectric Association Utility Compliance and Licensing Workshop, Wenatchee, Washington, 2005, (facilitator)
• "Salmon: Recovery Planning Advances," Northwest Environmental Summit, Tacoma, Washington, 2005

Publications

• "Using Adaptive Management to Resolve Uncertainties for Wave and Tidal Energy Projects," Oceanography, Vol. 23, No. 2, 2010
• "Coastal and Marine Spatial Planning for Offshore Renewable Energy Development on the West Coast," Environmental & Land Use Law Newsletter, May 2010
• "Siting Ocean and Tidal Energy Projects," WSBA Environmental & Land Use Law Newsletter, Vol. 36, No. 2, 2009
• "Siting Ocean and Tidal Energy Projects," Bloomberg Law Reports: Sustainable Energy, Vol. 1, No. 1, 2008
• "Siting and Permitting Ocean and Tidal Energy Projects," The Law of Ocean and Tidal Energy: A Guide to Business and Legal Issues, Stoel Rives LLP, Vol. 2, 2008
• "ESA Update: A Review of 2005," The Water Report, 2005

Education

• Law & Marine Affairs, University of Washington School of Law, LL.M., 1998
• American University, Washington College of Law, J.D., 1997
• University of Washington, B.A., 1993

Admissions

• Washington
• U.S. District Court for the Western District of Washington

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