Experience

Environmental and Natural Resources Litigation

• Lead lawyer on arbitration involving $2.5 million in dispute relating to characterization of costs incurred by client in connection with Portland Harbor Superfund Site (PHSS) cleanup. 
• Assist manufacturing client in navigating multiple litigation fronts to resolve historic environmental liabilities associated with industrial property, including pursuit of insurance recovery for environmental cleanup costs, resolution of underlying environmental liabilities, and resolution of CERCLA cost recovery and contribution claims alleged by co-liable party.
• Represent multiple clients in connection with litigation arising from forest fires, including in connection with agency investigations and civil lawsuits. 
• Obtained dismissal of Clean Water Act claims and summary judgment on nuisance and trespass claims on behalf of utility client.
• Represent forest products trade association in federal litigation brought by advocacy group alleging ESA section 9 challenge against state authorization of timber practices in two Oregon counties.
• Represent mining client in challenge to mineral prospecting on national forest lands, including claims under NEPA, NFMA, and federal lands laws.
• Obtained dismissal of Clean Water Act action following remand from federal appellate courts in action on behalf of forest products client. 
• Represent multiple clients in defense of citizen suits under the Clean Water Act. 
• Represent forest product clients in advice and litigation matters relating to forest fire liability.
• Represent manufacturing clients in litigation to obtain insurance coverage for environmental claims under Oregon Environmental Cleanup Assistance Act, ORS 465.475, et seq.

Condemnation and Real Property Litigation

• Represent local mass transit district, Tri-County Metropolitan District (TriMet), in multiple condemnation actions in connection with expansion of light rail and bus service in the Portland metropolitan area.
• Member of a trial team that obtained favorable jury verdict for TriMet following week-long condemnation trial arising from TriMet’s acquisition of property for a bus base, maintenance and operations facility; responsible for drafting trial submissions and arguing substantive matters to the court.
• Advise clients about condemnation process and strategy, assist with pre-litigation matters, and work with right-of-way agents and other subject matter experts (including appraisers).
• Represent various clients in litigation involving claims for inverse condemnation.
• Represent multiple property owners in connection with eminent domain matters.
• Represented irrigation district in state court litigation to secure access to potential reservoir site for pre-condemnation surveying and testing.
• Represent individuals and mortgage holders in property boundary and other real property disputes.
• Obtained favorable summary judgment ruling for Lake Oswego Corporation in easement dispute involving public trust doctrine overlay.
• Obtained favorable preliminary injunction and summary judgment rulings for seafood processor in boundary dispute with competitor.

Oregon Administrative Procedures Act Litigation

• Represent municipal client in week-long contested case hearing relating to issuance of NPDES permit.
• Obtained summary judgment for hydropower company in defense of instream lease issued by Oregon Water Resources Department. 
• Obtained dismissal of circuit court actions challenging issuance of air contaminant discharge permit to manufacturing client.
• Obtained dismissal of circuit court action challenging issuance of air contaminant discharge permit to energy developer client.
• Representation of irrigation district in two-week contested case proceeding involving challenge to approval of district’s water storage permit application.
• Second-chair lawyer in contentious week-long bench trial involving challenge to state agency’s order requiring clients to pay additional $4 million.
• Representation of manufacturer in challenge of state agency order erroneously setting client’s recycling obligations; obtained favorable preliminary ruling that facilitated negotiated resolution of dispute.
• Assisted utility client in successful resolution of dispute with state agency involving terms of client’s Clean Water Act Section 401 Water Quality Certification.
• Assist energy client in obtaining summary judgment compelling issuance of tax credit from state agency. 
• Assist energy client in contested case proceeding before Energy Facility Siting Counsel relating on client’s application for construction of a 650 MW natural gas-fired power plant.
• Represent clients in defense of enforcement actions by state agencies, including citations issued by the Oregon Department of Environmental Quality.

Commercial Litigation and Advice Matters

• Second-chaired federal jury trial involving claims for fraud and violations of the Oregon Unlawful Trade Practices Act in which plaintiff sought over $5 million in economic, non-economic, and punitive damages. Jury returned a complete defense verdict.
• Represent manufacturer client in defense and resolution of complex multi-party litigation arising out of shipment of material subsequently involved in fatal accident at third-party facility. Litigation involved wrongful death claims by plaintiffs; crossclaims and counterclaims for contractual indemnity, common-law indemnity, and CERCLA liability; and defense of state and federal agency investigations and subpoenas.
• Member of trial team that successfully obtained jury verdict for $8.6 million against insurer on environmental insurance claim.
• Represent renewable energy clients in negotiation and resolution of commercial disputes.
• Represent health care and consumer financial service companies in litigation of class actions alleging violations of Fair Credit Reporting Act.
• Advise businesses in responding to Civil Investigative Demands issued by Civil Enforcement Division of Oregon Department of Justice.
• Advise public entity clients on disputes and litigation involving Oregon public records laws.

Oregon Court of Appeals and Supreme Court

• Obtained affirmance without opinion from Oregon Court of Appeals on appeal from a jury verdict on a breach of contract action.
• Obtained dismissal of multiple appeals of favorable trial court rulings on jurisdictional grounds. 
• Briefed appeal before Oregon Court of Appeals on behalf of irrigation district involving issues of Oregon water law and interpretation of Bureau of Reclamation contract.
• Briefed and argued appeal before Oregon Court of Appeals and Oregon Supreme Court for hydropower client in case involving issue of first impression under Oregon law.   
• Briefed and argued appeal before Oregon Court of Appeals involving issues of first impression under the Oregon APA. 
• Briefed and argued multiple appeals defending favorable summary judgment rulings.
• Briefed certified question to Oregon Supreme Court involving constitutional question of first impression.
• Drafted multiple petitions for review, briefs on the merits, and briefs of amicus curiae before Oregon Court of Appeals and Oregon Supreme Court.

Ninth Circuit Court of Appeals

• Obtained affirmance of favorable trial court decision in appeal involving alleged violations of Oregon consumer protection regulations.
• Obtained affirmance of favorable summary judgment ruling for employer in lawsuit alleging disability discrimination and failure to accommodate.
• Obtained affirmance of favorable order dismissing employment discrimination and ERISA claims.
• Successfully briefed and argued matter before the Ninth Circuit Court of Appeal involving questions of first impression in bankruptcy law.
• Obtained summary disposition of matter before Ninth Circuit Court of Appeals involving multiple claims of error from trial court summary judgment decision.
• Drafted multiple briefs and motions before the Ninth Circuit Court of Appeals.

Honors & Activities

• Included in The Best Lawyers in America^® (currently: Appellate Practice, Litigation—Real Estate), 2023
• Member, Oregon Rules of Appellate Procedure Committee, 2022–present
• Board Member, U.S. District Court of Oregon Historical Society, 2019–present
• Board Member, Classroom Law Project, 2019–present
• Coach, Central Catholic High School Constitutional Law Team, 2011–present
• Member, Stoel Rives Portland Coaching and Mentoring Committee 2016–present
• Member, Stoel Rives Firmwide Coaching and Mentoring Committee, 2016–2019
• Member, Owen M. Panner Inn of Courts, 2012–2016
• Representative, Portland Associates Committee, 2013–2015
• Recipient, Stoel Rives Pro Bono Award, 2013, 2021

Insights & Presentations

• Co-Author, “Verdicts and Findings,” Oregon Civil Pleading and Litigation, Oregon State Bar (2022 ed.)
• Co-Author, “The Religion Clauses,” Oregon Constitutional Law, Oregon State Bar (2022 ed.)
• Co-Presenter, “Depositions,” Multnomah Bar Association Young Lawyers Section, 2019
• Co-Presenter, “Navigating the DEQ Enforcement Process,” NEBC Cascade Chapter Luncheon, February 2016
• Co-Presenter, “Using Insurance to Recover Investigation, Remediation and NRD Costs in Oregon and Washington,” Stoel Rives Lunch Workshop Series, 2015
• Co-Presenter, “FCRA Compliance,” Internal Client Presentation, April 2015