Elaine R. Albrich

Experience

Elaine Albrich is an attorney providing permitting and regulatory solutions for energy facility developers, traditional urban and rural land use projects, and various winery and alcoholic beverage activities. She represents clients in hearings and proceedings before city and county governing bodies, hearings officers, the Land Use Board of Appeals, the Oregon Liquor Control Commission, and the Oregon Court of Appeals. Following permit approval, Elaine continues to work with clients on permit compliance issues, reporting obligations, and enforcement actions.

Prior to joining Stoel Rives, Elaine clerked for Judge Rasmussen at Lane County Circuit Court and the U.S. Department of Justice, Environmental and Natural Resource Division. Prior to law school, she worked at the Port of Portland as a project assistant and cost recovery coordinator on environmental clean-up projects.

Representative Work

Energy Facility Siting

• Star Point Wind Power Project, Sherman County (102.9 MW)
  Member of project team and legal consultant in client's successful application for a conditional use permit and Goal 3 exception from Sherman County. Elaine's work involved resolving jurisdictional issues between Sherman County and the Oregon Energy Facility Siting Council (EFSC), responding to wind setback requirements, drafting farm management easements, and negotiating noise easements as required under Oregon Department of Environmental Quality noise regulations.
• Helix Wind Power Project, Umatilla County (102 MW)
  Member of project team and legal consultant in client's successful application for a site certificate to Oregon EFSC. Helped resolve legal issues associated with the energy generation area and newly-adopted Oregon Department of Land Conservation and Development administrative rule governing the siting of wind energy facilities on agricultural lands. Obtained the site certificate to construct and operate up to 60 wind turbine in less than one year.
• Leaning Juniper II Wind Power Project, Gilliam County (277 MW)
  Member of project team and legal consultant in client's request to EFSC for a site certificate amendment to expand the site boundary and provide micrositing flexibility, including negotiating resolution to wildlife issues identified by Oregon Department of Fish and Wildlife. Amended site certificate was obtained in less than five months.
• Montague Wind Power Project, Gilliam County (404 MW) 
  Member of project team and legal consultant in client's notice of intent and application for site certificate to EFSC. Led settlement discussions to resolve three pending contested case proceeding requests in order for client to obtain the site certificate in less than nine months following the submission of the application.
• Yamhill Solar Project, Yamhill County (1.5 MW)
  Member of project team and legal consultant in client's successful application for a conditional use permit from Yamhill County. Work included responding and resolving public comments, oral argument before the Planning Commission, and preparing negotiated conditions of approval for county's incorporation into the conditional use permit.
• Bellevue Solar Project, Yamhill County (1.69 MW)
  Member of project team and legal consultant in client's successful application for a conditional use permit from Yamhill County. Work included demonstrating compliance with Goal 3, responding to comments concerning alleged impacts to accepted farming practices, and oral argument before the Planning Commission.
• Poplars Ranch Solar Project, Lake County (12 MW)
  Member of project team and legal consultant in client's successful application for a conditional use permit and Goal 3 exception applications to Lake County. Coordinated and led legal strategy for public hearings before the Planning Commission and Board of County Commissioners, including successfully defending the appeal of the Planning Commission's approval of the conditional use permit. Work involved responding to and rebutting public opposition concerning impacts on accepted farming practices, property values, scenic resources, and misconceptions over energy tax credits and transmission viability.
• Wind Project Financing Due Diligence Review
  Perform permitting due diligence reviews for pre-construction financing of wind energy facilities, ranging from 40 MW to 900+ MW wind energy facilities.

Traditional Land Use

• Bridge Meadows Intergenerational Community, City of Portland
  Member of project team and legal consultant in client's successful application for a conditional use permit and site design approvals from the City of Portland to build 9 single-family dwellings and 27 mentor units. Work involved devising proactive permitting legal strategy to avoid appeals, including resolving neighborhood concerns through a negotiated good neighbor agreement and building a solid evidentiary record before the City hearings officer. Related work also included negotiating with the City of Portland a long-term ground lease for the former John Ball Elementary school site, advising on project financing-related matters, and assisting with City compliance matters.
• Redeemer Lutheran Church, City of Portland
  Led project team to prepare and obtain an amended conditional use permit from the City of Portland to reduce the permitted use and maximize property value for future sale. Work included resolving City stormwater and traffic concerns, responding to neighbor comments, and oral argument before the City hearings officer.
• Goal 5 Post Acknowledgement Plan Amendments (PAPAs) for Aggregate Mining Operations, Washington and Columbia Counties
  Member of project team and legal consultant in client's successful application PAPAs to expand existing aggregate mining and crushing operations on agricultural lands. Work included coordinating public outreach strategy and working with consultants to develop technical evidence to rebut perceived concerns concerning noise, groundwater contamination, traffic, and wildlife issues.
• Commercial Composting Facility, Jefferson County
  Member of project team and legal consultant in client's successful application for a conditional use permit for commercial composting operations on agricultural land. Work involved building a record before the Board of County Commissioners to respond to allegations concerning impacts to accepted farming practices, dust, noise, traffic, and groundwater and surfacewater contamination.
• Substantive Compliance Determinations for DEQ Clean-Up Projects, City of Portland
  Advise and assist clients on obtaining local and state permit waivers or substantive compliance determinations for on-site environmental cleanup activities under ORS 465.315.
• Institutional Master Planning, City of Portland
  Member of project team and legal consultant in client's successful application for master plan amendments or conditional use permits from the City of Portland for expansions of, or changes to, institutional uses such as colleges. Work often includes advising on environmental overlay code requirements, traffic impact assessments, and site design criteria.

Food, Beverage, Hospitality

• McMenamins, Various Jurisdictions
  Advise on regulatory compliance issues for operations, including concert permitting and agreements, system development charges, wastewater management, and local land use and code issues.
• Conditional Use Wineries, Polk, Yamhill, and Washington Counties
  Advise and assist clients in obtaining conditional use permits for wineries on agricultural lands that do not fall under ORS 215.452 as a permitted use (those having less than 15 or 40 acres of qualifying vineyards). Work involves advising on traffic control plans, tasting room issues, waste and wastewater management, water rights, and site control matters.
• Urban Winery Permitting, Polk County
  Advise and assist client in siting winery in industrial zone, including addressing system development charges and testing requirements for wastewater disposal.
• Custom Crush and Alternating Proprietorship/Premises Agreements, Various Jurisdictions
  Advise and assist clients in preparing and negotiating custom crush and alternating proprietorship agreements for wine-production or alternating premise arrangements (for distilleries, breweries, wineries).
• State and Federal Liquor Licensing, Various Jurisdictions
  Advise and assist clients in obtaining state and federal liquor licenses for the manufacturing, wholesale, and retail of wine, beer, and distilled spirits, including full-on premises licenses for bars, restaurants and hotels. Work also involves advising clients on exporting and bonding requirements, navigating local endorsement processes, and defending license rights in the face of violations.
• Commercial Activities on Agricultural Lands, Various Jurisdictions
  Advise and assist clients in evaluating the scope of permitting commercial activities (like weddings, concerts, winemaker dinners, etc.) in conjunction with a winery under ORS 215.452 and SB 1055, negotiate good neighbor agreements to settle concerns over potential impacts from winery-related commercial activities, and coordinate with local jurisdictions on interpretation issues related to commercial activities.

Professional/Civic Activities

• Board Chair, Proud Ground
• Board Member, Women in Environment
• Member, Pink Boots Society
• Member, Oregon Hunter Jumper Association
• Member, Real Estate and Land Use Section, Environmental and Natural Resources Section, Oregon State Bar Association

Presentations

• Presenter, "Bonding Processes and Strategies," Wine Law Conference, Law Seminars International, April 11, 2011, Denver, Colorado
• Presenter, "The Nuts & Bolts of Solar Energy and How it Impacts Environmental Lawyers," ExecSense Webinar, March 17, 2011
• Presenter, "14th Annual Oregon Land Use Law Seminar," The Seminar Group, December 9-10, 2010, Portland, Oregon
• Co-presenter, "Oregon School Districts Capital Projects: Key Legal Issues from Acquisition Through Constructions," Stoel Rives Development Group Seminar, February 13, 2009, Portland, Oregon
• Presenter, 11th Annual Oregon Land Use Law Seminar, The Seminar Group, December 13-14, 2007, Portland, Oregon

Publications

• Regular contributor to the Alcoholic Beverage Law Blog
• Co-author, "Siting and Permitting Wind Projects" chapter in the Stoel Rives Law of Wind Guidebook, 6th edition, May 2010
• Co-author, "Dwellings in the Vineyard," Oregon Wine Press, March 2008

Education

• University of Oregon School of Law, J.D., 2005
  Editor in Chief, Journal of Environmental Law and Litigation, 2004-2005
• University of Oregon, B.S., 2000

Admissions

• Oregon
• Washington

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