Experience

Tim McMahan is a partner, practicing in the areas of energy, land use, real estate development, environmental, and municipal law. He has offices in Portland, Oregon and Vancouver, Washington. Tim has extensive experience in representing energy facility developers, property owners, and municipal clients in Washington and Oregon. Tim focuses his practice on defending renewable energy, natural gas pipeline, and electrical transmission projects facing opposition.

Prior to joining Stoel Rives, Tim served as the Port Townsend City Attorney for over five years, during which he guided Port Townsend through Growth Management Act implementation, successfully defended the city's Comprehensive Plan and Shoreline Master Program in agency and judicial litigation and developed innovative strategies to protect Port Townsend's municipal water supply from spiraling demands.

Representative Work

• Tim represents clients permitting utility and energy facilities including wind and solar facilities, pipelines, natural gas generation, electrical transmission, shoreline developments, and commercial and industrial facilities.
• Tim is experienced in planning and permitting municipal water and wastewater facilities on behalf of public sector clients.
• Tim has represented developers and public sector clients both through the permit process and in administrative and judicial litigation, including Washington's State Environmental Policy Act (SEPA), NEPA, Shoreline Management Act, and Growth Management Act compliance.
• Tim represents energy facility developers in Washington and Oregon, including contested proceedings before the Oregon Energy Facility Siting Council (EFSC) and the Washington Energy Facility Site Evaluation Council (EFSEC).

Representative Major Project Work

Oregon Energy Facility Siting Council Wind Energy Generation Facilities

• Stateline Wind Project, FPL Energy (123 MW, Umatilla County; 2001 Site Certificate). We served as local land use and EFSC counsel in this first Oregon EFSC wind energy facility. We assisted FPL Energy on all development issues related to the project, including site leasing, environmental permitting, tax status, and construction contracting.
• Golden Hills Wind Farm, BP Alternative Energy (400 MW, Sherman County; 2009 Site Certificate). We assisted in preparation of the Application for Site Certification and advocacy through the EFSC process. Our work included settling a pending contested case proceeding, focusing on visual impact and compliance with the state noise standard.

Oregon Energy Facility Siting Council Pending

• Antelope Wind Power Project, Horizon Wind Energy (300 MW; NOI filed 2009).
• Cascade Crossing Transmission Project, Portland General Electric (220-mile electrical transmission line from Boardman to Salem).

Oregon Local Jurisdictional Projects Wind Energy

• Rattlesnake Road Wind Power Project, Horizon Wind Energy (104 MW, Gilliam County, Oregon).
• Wheatfield Wind Power Project, Horizon Wind Energy (104 MW, Gilliam County, Oregon).
• Elkhorn Wind Power Project, Horizon Wind Energy (104 MW, Union County, Oregon).

Natural Gas Pipelines and Natural Gas Storage Facilities

• Mist Underground Natural Gas Storage Field, NW Natural (Columbia County, Oregon). Legal counsel to NW Natural concerning all EFSC permitting and compliance matters. Tim has represented NW Natural in gas storage field expansion and development, including a 2008 consolidated site certificate, approved through Amendment #10.
• South Mist Pipeline Extension Project, NW Natural (62-mile, 24-inch natural gas pipeline, Washington, Clackamas, and Marion Counties, Oregon; 2003 Site Certificate and subsequent amendments). Tim's work included land use and environmental compliance, Oregon Energy Facility Siting Council permitting, and litigation. This project was the first linear facility permitted under ORS 215.275. The project faced more than 60 opponents and involved an extensive and complex administrative adjudication proceeding. We prevailed on appeal before the Oregon Supreme Court. Friends of Parrett Mountain v. Nw. Natural Gas Co., 79 P.3d 869 (Or. 2003). The Supreme Court decision established important precedent for permitting Oregon linear energy facilities. Tim has represented NW Natural in securing four amendments to the site certificate.
• Palomar Natural Gas Transmission Pipeline (FERC). The Palomar Natural Gas Transmission Pipeline will provide additional energy infrastructure to serve Oregon, the Pacific Northwest, and other western states. The proposed interstate 36-inch diameter underground natural gas pipeline will be approximately 220 miles long. Tim's work includes representation before state and federal agencies and work with the Confederated Tribes of the Warm Springs concerning land rights and environmental compliance, and includes federal land and tribal law issues. The work on this pipeline is ongoing.
• Bradwood LNG Pipeline (FERC). Tim has represented NorthernStar Natural Gas with respect to permitting and environmental issues associated with the natural gas pipeline elements of its proposed 1.5-Bcf/d LNG offloading and storage terminal on the Columbia River. NorthernStar secured a FERC license in 2008. This work is ongoing.

Oregon Energy Facility Siting Council Thermal Power Generation

• COB Energy Combined-Cycle Generation Facility and Accompanying Natural Gas Pipeline and Electrical Transmission Facilities, Peoples Energy Resources Corp. (1,160 MW, Klamath County; 2005 Site Certificate). Tim was the project lead and chief architect for land use compliance. Our work included real estate transactions and land use and environmental permitting and compliance, including NEPA compliance, air quality permitting, and litigation. The project was designed to provide combined-cycle turbine gas-fired generation at the California-Oregon border. It was the first major air-cooled natural gas plant designed to conserve water permitted in Oregon. We prevailed in a highly complex, litigated EFSC process spanning several years, and successfully defended the permits on appeal before the Oregon Supreme Court. Save Our Rural Or. v. EFSC, 121 P.3d 1141 (Or. 2005). The Oregon Supreme Court decision established important precedent for energy facility siting in Oregon by reconciling the preemptive authority of the state over conflicting local regulations and planning requirements, confirming EFSC's independent authority to confer exceptions to Oregon's statewide planning goals. Due to market conditions, this facility was not constructed.

Washington Energy Facility Site Evaluation Council Facilities—Site Certificates Granted

• Horizon Wind Energy and Puget Sound Energy Wild Horse Wind Power Project (229 MW, Kittitas County; 2005 Site Certificate Agreement). Tim represented Horizon Wind Energy during the siting process for the first wind energy facility approved by EFSEC and Washington's Governor. The project includes a comprehensive conservation strategy for surrounding state- and privately owned shrub steppe habitat. Puget Sound Energy owns and operates the project. In 2009, Tim successfully represented Puget Sound Energy in a 54 MW expansion of the project.
• Horizon Wind Energy Kittitas Valley Wind Power Project (180 MW, Kittitas County; 2007 Site Certificate Agreement). Tim represented Horizon Wind Energy during a siting process that spanned over four years. Our work included preparation of the application, agency meetings, real estate, and land use and environmental compliance. The site certificate was adopted after the completion of a Draft and Final Environmental Impact Statement (FEIS) under the State Environmental Policy Act, RCW chapter 43.21C. We defended the project during extensive agency and judicial litigation, including an appeal with the Washington Supreme Court. Interveners challenged many elements of the Site Certificate Agreement, including the sufficiency of the analysis and mitigation measures concerning visual and aesthetic and other environmental impacts. In a unanimous decision, the Washington Supreme Court dismissed the appeal and upheld the Site Certificate Agreement on all issues, including affirming the FEIS in its entirety, along with all mitigation measures and conditions of approval. Residents Opposed to Kittitas Turbines v. State EFSEC, 197 P.3d 1153 (Wash. 2008). The Supreme Court decision confirmed EFSEC's preemptive authority over local land use and zoning determinations. In 2009, Tim successfully represented Horizon in contested proceedings to amend the site certificate.

Washington Energy Facility Site Evaluation Council Pending

• Whistling Ridge Energy Project (75 MW, Skamania County, WA; Application filed 2009).

Washington Local Wind Energy Facilities

• FPL Energy Stateline Wind Energy Facility (Walla Walla County, Washington). Tim was lead permitting counsel for the Washington portion of the Stateline Wind Energy Facility, one of the nation's largest wind energy facilities, approved in 2001 and 2002. The project included a 50-square-mile site with 300 wind turbines, involving complex SEPA review and multiple agency consultations, including WDFW and Corp of Engineers.
• PPM Energy's Big Horn Wind Power Project (250 MW; Klickitat County, Washington). Tim represented PPM Energy, Inc. in all elements of the process in applying for and procuring all local, state, and federal permits and approvals for the Big Horn Wind Power project. Tim successfully defended the project against several appeals and opposition.
• RES North America Hopkins Ridge Wind Energy Project (350 MW, Columbia County, Washington). Tim represented RES in the original permitting and later expansion of this facility. The work included local land use and state and federal environmental compliance and wildlife issues. Tim successfully represented RES in a Superior Court appeal of an expansion to the facility.

Washington Municipal Facilities

• Port of Kalama, Washington Municipal Water System. Tim represented the Port of Kalama in successfully acquiring municipal water rights (3,500 gallons per minute) for the Port's Columbia River industrial park. In October 2002, the DOE approved municipal groundwater withdrawals with hydraulic connection to the Columbia River.
• Hazel Dell Sewer District Salmon Creek Phase IV Expansion. Tim worked with a consulting team to permit a significant expansion to the Salmon Creek Wastewater Treatment Plant, including new pipelines, outfall, and pump stations. The Hazel Sewer District serves Clark County's fastest growing area region. This project involved local, state, and federal land use and environmental permits and successful implementation of SEPA EIS and NEPA compliance strategies, as well as Clean Water Act and Endangered Species Act compliance.
• City of Port Townsend, Washington Municipal Facility Work as City Attorney (1994–1999). Tim represented Port Townsend in the following major facility projects: finalization of compliance and contract work for the new wastewater treatment plant, permitting and development of the City's Biosolids Facility, and expansions to the City's groundwater and surface water systems. Tim aided the City in master planning projects, including Wastewater and Stormwater Master Plans, Coordinated Water System Plan, and Water System Master Plan. Tim represented the City in consultation with DOE, DOH, and DNR, and initiated ESA compliance work with NMFS and the Washington Department of Fish and Wildlife. Tim assisted in drafting Port Townsend's master commercial, residential, and industrial development programs and regulations.

Reported Appellate Court Decisions

• Castle Homes & Dev., Inc. v. Brier, 882 P.2d 1172 (Wash. Ct. App. 1994)
• Boehm v. City of Vancouver, 47 P.3d 137 (Wash. Ct. App. 2002)
• Friends of Parrett Mountain v. NW Natural Gas Co., 79 P.3d 869 (Or. 2003)
• Save Our Rural Or. v. EFSC, 121 P.3d 1141 (Or. 2005)
• NW Gas Ass'n v. WUTC, 168 P.3d 443 (Wash. Ct. App. 2007)
• Residents Opposed to Kittitas Turbines v. State EFSEC, 197 P.3d 1153 (Wash. 2008)

Professional Honors & Activities

• Member, Land Use and Environmental Law Section, Washington State Bar
• Member, Real Estate and Land Use Section, Oregon State Bar
• Member, Wind Industry Task Force for the development of the Washington Department of Fish & Wildlife Wind Power Siting Guidelines, 2003; 2008-2009
• Member, Wind Industry Task Force for the development of the Oregon Columbia Plateau Ecoregion Wind Energy Siting and Permitting Guidelines, 2007-2008
• Member, University of Washington Department of Urban Design & Planning Professionals Council
• Former member, Board of Directors, Columbia-Willamette United Way and Chair of United Way's Community Impact Cabinet
• Board Member, Columbia River Economic Development Council; Vice Chair, 2007, Chair 2008

Presentations

• Wind Power Siting Challenges, American Planning Association, Washington Chapter, Vancouver, WA, 2009
• Speaker, Siting and Permitting Challenges and Opportunities: Forging Partnerships and Inoculating Against Opposition, co-chair, Renewable Energy of the Pacific Northwest, Law Seminars International, Seattle, WA, 2009
• The Legal and Land Use Implications of the Energy Rush, American Planning Association, Oregon Chapter, Portland, OR, 2008
• Co-chair, Renewable Energy in the Pacific Northwest, Law Seminars International, Seattle, WA, 2008
• Co-chair, Land Use in Southwestern Washington - Negotiating the Intricate and Overlapping Regulations That Apply to Almost Any Use of Real Property, Law Seminars International, Vancouver, WA, 2008
• Energy Facility Siting: State Preemption vs. Local Control, Environmental and Land use Law Midyear Meeting, Washington State Bar, Blaine, WA, 2008
• Siting and Permitting Challenges, A Comprehensive Update on Current Law, Policy and Economics, co-chair, Renewable Energy in the Pacific Northwest, Law Seminars International, Seattle, WA, 2007
• Speaker, Energy Facilities and Other LULUs: Relationships with Local Planning & Local Opportunities, co-chair, Land Use in Southwestern Washington - New Regulations, Rules, and Challenges for Small Communities, Rural Areas and Local Government, Law Seminars International, Vancouver, WA, 2007
• Siting and Permitting Challenges in the Northwest, Overcoming the Barriers to Add New Infrastructure, EEI Energy Conference, Newport Beach, CA, 2007
• Chair, Washington's Energy Future Under 1-937, Stoel Rives, Seattle, WA, 2006
• Panelist, Economic Development Opportunities - Rural Energy Facilities, 2006 Governor's Economic & Workforce Development Conference, Vancouver, WA, 2006
• Getting It Right With Local Government: The Politics of Permitting: Playing It Straight and Walking The Line, WINDPOWER® 2005 Conference and Exhibition, American Wind Energy Association, Denver, CO, 2005
• Wind Energy Permitting Overview: The Mitigation Balance, WindPower in Oregon and Washington: A Discussion of Wildlife, Cultural Resources, Aesthetics & Assessment Procedures, The Dalles, OR, 2004
• Blowing in the Wind - Restoration and Mitigation Requirements Under WDFW's Wind Farm Development Guidelines, Bridge Over Troubled Water: Restoration Requirements in Environmental & Land Use Laws, Washington State Bar, Seattle, WA, 2004
• Legal Framework for Western Projects or Permitting for PTCs: Getting to Yes Quickly (and Safely), AWEA WindPower Project Siting Workshop, Portland, OR, 2004
• Economic Turnaround - Permitting Consequences of Ramping Up Production, Stoel Rives, Portland, OR, 2004
• Municipal and Phase ll Stormwater Permits - Phase l & ll Permits, Law Seminars International, Seattle, WA, 2003
• Opposing the Opponents: Getting Permits When The Going Gets Ugly, WINDPOWER® 2003 Conference and Exhibition, Austin, TX, 2003
• Why MUST Municipalities Control and Appropriately Manage Stormwater, Municipal Stormwater Permits, Northwest Environmental Conference and Tradeshow, Portland, OR, 2003
• Water Quality: The Cities are Taking Control, Stoel Rives, Portland, OR, 2003
• Getting The Most From The Attorney/Consultant Team, Stoel Rives, Portland, OR, 2002
• Critical Areas Ordinances, Growth Management Act - Recent and Emerging Regulatory, Legal and Business Developments, Law Seminars International, Seattle, WA, 2001
• Best Available Science: What It Is And Why We Need to Know How To Get It And Use It, Washington State Association of Municipal Attorneys' 2001 Annual Fall Conference, Chelan, WA 2001
• GMA and Current Issues in Resources and Critical Areas Protection, Best Science, Exemptions, and Diminimus Impacts, Law Seminars International, Seattle, WA, 2000
• The Legal Basis of Planning in Washington State, A Short Course on Local Planning, The Planning Association of Washington and Washington Dept. of Community, Trade & Economic Development, Sequim, WA, 1999

Education

• University of Washington, M.A., 1991
  Urban planning, Tau Sigma Delta architecture and allied arts honor society
• Willamette University College of Law, J.D., 1986
  Case note editor, Willamette Law Review
• University of Puget Sound, B.A. European History, 1983

Admissions

• Oregon
• Washington

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Law Practice

Tim McMahan practices in the areas of land use, real estate development, environmental, and municipal law. He has offices in Portland, Oregon and Vancouver, Washington.

Tim has extensive experience in representing energy facility developers, property owners and municipal clients in Washington and Oregon. Tim's practice focuses on permitting shoreline developments, timber land management and forest land conversions, utility and energy facilities and commercial and industrial facilities. Tim's experience on behalf of public sector clients includes planning and permitting municipal water and wastewater facilities. He has represented developers and public sector clients both through the permit process and in administrative and judicial litigation, including Washington's State Environmental Policy Act (SEPA), Forest Practices Act, NEPA, Shoreline Management Act and Growth Management Act compliance. Tim represents energy facility developers in Washington and Oregon, including the Oregon Energy Facility Siting Council (EFSC).

Tim regularly speaks at conferences regarding permitting major facility projects in highly contested settings, particularly rural area energy facilities.

Prior to joining Stoel Rives, Tim served as the Port Townsend City Attorney for over five years, during which he guided Port Townsend through Growth Management Act implementation, successfully defended the city's Comprehensive Plan and Shoreline Master Program in agency and judicial litigation and developed innovative strategies to protect Port Townsend's municipal water supply from spiraling demands.

Professional Honors & Activities

• Member, Washington State Association of Municipal Attorneys
• Member, Washington State Bar Land Use and Environmental Law Section
• Member, Oregon State Bar Real Estate and Land Use Section
• Member, University of Washington Department of Urban Design & Planning Professionals Council
• Member of Board of Directors, Columbia-Willamette United Way and Chair of United Way's Community Impact Cabinet
• Board Member, Columbia River Economic Development Council
• Pro bono attorney for the Columbia Land Trust, Vancouver Washington

Jurisdictions

• Oregon
• Washington

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