Michael P. O'Connell
Partner
Seattle, WA
(206) 386-7692 Direct
(206) 386-7500 Fax

moconnell@stoel.com

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Michael P. O'Connell

Experience

Michael O'Connell is a partner of the firm practicing in the Resources Development and Environment group. He focuses his practice on natural resources, environmental, energy, water rights and Indian law matters involving project development. For more than 30 years, Michael has assisted a broad range of clients throughout the West, including public ports, energy producers (wave and tidal hydrokinetic and conventional hydropower, wind, ethanol, oil and gas developers, pipeline owners), forestry, food processing, shopping center and golf course developers, general contractors, industrial, manufacturing, commercial and other private and public clients, including Indian tribes and parties engaged in business or other transactions with Indian tribes.

Michael counsels clients through federal, state and tribal environmental review, project siting and permitting matters involving National Environmental Policy Act, Endangered Species Act, Clean Water Act (stormwater, wastewater and wetlands permits, citizen suits and water quality certifications), coastal zone management, National Historic Preservation Act compliance regarding cultural resources and historic properties (including traditional cultural properties or TCPs), human remains, fossils, and water right acquisitions and transfers. In these areas, Michael also assists clients in transactional due diligence, regulatory compliance and litigation.

In Indian law matters, Michael assists clients on projects (on and outside Indian reservations) that affect tribal interests, including financial transactions, leases and rights of ways over tribal land, taxation and employment issues, negotiating waivers of tribal sovereign immunity and litigation. He also regularly speaks at seminars on environmental, natural resources and Indian law.


Representative Work

  • Represented utility in Washington Supreme Court in successful defense of utility commission action allowing rate recovery of costs of tax imposed by Yakama Indian Nation, Willman v. WUTC, 117 P.3d 343, 2005.
  • Advise wave energy developer on permitting issues for project on Oregon coast, including Federal Energy Regulatory Commission licensing and historic property consultation issues.
  • Advised tidal energy client in New York on permitting issues.
  • Counseled client negotiating lease of tribal land, assisted in obtaining federal legislation confirming tribe's authority to lease fee land.
  • Counseled client negotiating lease of tribal land for shopping center.
  • Advised clients in settlements of Clean Water Act citizen suit notices without filing of threatened federal court suits.
  • Assisted client acquiring forestry mill with water rights due diligence and negotiation of escrow to protect client's water supply right.
  • Assisted data center owner located in desert area in acquiring water rights necessary to cool servers.
  • Assisted land purchaser in resolving dispute with seller over ownership of water rights.
  • Negotiated settlement agreement for client with Indian tribes and federal and state agencies for voluntary removal of dam licensed by FERC.
  • Resolved historic property and cultural resources issues necessary for Corps of Engineers permits issued to wind and biofuel energy clients.
  • Counseled utility clients in negotiation of rights of way with Indian tribes.
  • Counseled client developing gas fired, off reservation energy facility in resolving tribal water rights claims.
  • Advised general contractor negotiating a construction contract with an Indian tribe for casino and resort complex.
  • Obtained dismissal of tribal court employment suit against general contractor.

Professional Honors & Activities

  • Listed in Best Lawyers in America®, 2007-2011
  • Editor, Washington State Bar Association, Environmental and Land Use Law Newsletter
  • Vice chair, Hydro Committee, 2008 2009, Section on Energy, Environment, Resources, American Bar Association
  • Past chair, Indian Law Section, WSBA
  • Past chair, Native American Resources Committee, Section on Natural Resources, Energy and Environmental Law, American Bar Association

Presentations

  • "Mitigation Tips for Specific Types of Projects on Public Lands," Energy Development on Public Lands, Denver, CO, August 17, 2010
  • "Current Siting Issues under NEPA and Other Significant Federal Legislation," EUCI Webinar, May 19, 2010
  • "Clean Water and Stormwater: New Permits and Practical Strategies for Compliance," Seattle, Washington, Apr. 8, 2010
  • "Deal Structures and Enforceability, Waivers of Sovereign Immunity, Forum Selection, Tribal Energy in the Southwest," May 3-4, 2010
  • "Tax Issues Associated with Energy Development on Tribal Lands, Tribal Tax Planning and Partnership Structure," Feb. 22, 2010
  • "Hydrokinetic Energy Projects: FERC and MMS," Jan. 15, 2010
  • "Business Activity and Taxation: Issues in Indian Country," 22nd Annual University of Washington Indian Law Symposium, 2009
  • "Renewable Energy Development and Indian Tribes," Tax Management for Tribes Conference, 2009
  • "Energy Projects on Tribal Land," Energy Resource Development and Litigation in Tribal Lands," American Bar Association Webinar, 2009
  • "Geothermal Projects: Cultural Resources and Historic Properties," Geothermal Energy Finance, Technology and Development Workshop, 2009
  • "Structuring and Financing Tribal Renewable Energy Projects," Federal Bar Association, 2009
  • "Doing Business with Indian Tribes," Stoel Rives LLP Webinar, 2009
  • "Energy Project Permitting," Permitting Strategies Conference, 2009
  • "Private Water Rights Transactions," Water Rights Sales and Transfers, Lorman, 2008
  • "The U.S. Army Corps of Engineers 2007 Nationwide Permits and the RGL 07 02 Permit Exemption for Certain Ditches," Clean Water and Stormwater Conference, Law Seminars, 2008
  • "Siting Ocean and Tidal Energy Projects," Ocean Use, Development and Permitting, Law Seminars, 2008
  • "Home Builders: Back to Sierra Club v. Babbitt," Endangered Special Act, 2008
  • "Tax Neutrality Agreements and Business Development on Indian Reservations," Tax Management for Indian Tribes, 2008
  • "U.S. Army Corps of Engineers: Nationwide Permits and Compensatory Mitigation," Clean Water and Stormwater Conference, Law Seminars, 2007
  • "New Opportunities for Windpower on Tribal Lands," AWEA National Conference, Los Angeles, 2007
  • "Basics of Successful Natural Resource Development Projects in Indian Country," Natural Resources Development in Indian Country, Rocky Mountain Mineral Law Foundation, 2005
  • "Shopping Center Development and Leases on Indian Reservations," U.S. Shopping Center Law Conference, 2005
  • "Easements on Indian Reservations," University of Washington School of Law, 2005
  • "Tax Considerations in Natural Resource Development Projects on Indian Lands," Natural Resources Development in Indian Country, Rocky Mountain Mineral law Foundation, 1999

Civic Activities

  • Board of Directors, L'Arche Noal Sealth of Seattle, 2007‑2010
  • Board of Directors, Ocean Energy Renewable Coalition, 2008‑2010

Publications

  • "Siting Ocean and Tidal Projects," Bloomberg Law Reports: Sustainable Energy, 2008
  • Chapter, "Siting and Permitting Ocean and Tidal Energy Project," The Law of Ocean and Tidal Energy: A Guide to Business and Legal Issues, Stoel Rives LLP, 2008
  • Chapter, "Tribal Energy: Wind Energy Projects on Tribal Land," The Law of Wind: A Guide to Business and Legal Issues, Stoel Rives LLP, 2008
  • "Significant Recent Federal Environmental Decisions," Environmental & Land Use Law Newsletter, Washington State Bar Association, 2008
  • "Indian Tribes and Project Development Outside Indian Country," 21 Natural Resources & Environment 54, 2007
  • "Labor Board Extends Jurisdiction to Indian Tribes," Indian Law Newsletter, Washington State Bar, 2004
  • "Citizen Suits Against Tribal Governments and Tribal Officials Under Federal Environmental Laws," 36 Tulsa Law Journal 335, 2000

Education

  • University of Denver College of Law, J.D., 1977
    Editor-in-chief, Denver Law Journal
    Order of St. Ives
  • Brockport State College, B.A., political science, 1969

Admissions

  • Washington
  • Arizona
  • Colorado
  • U.S. District Courts of Washington, Arizona and Colorado
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Supreme Court


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2010