Experience

Local Land Use

Counsels clients throughout Oregon on local development code provisions that apply to their properties and represents property owners in connection with development applications, including post-acknowledgment comprehensive plan amendments, zone changes, subdivisions, partitions, property line adjustments, conditional use permits, adjustments, variances, site plan reviews, historic resource reviews, design reviews, and environmental reviews.

• Obtained comprehensive plan amendment and conditional use permit from Morrow County for an aggregate quarry.
• Secured conditional use approval from Deschutes County for community center on farm-zoned land.
• Successfully appealed Clackamas County’s initial denial of an application for a winery under ORS 215.452.
• Assisted multiple educational institutions on land use and entitlement issues related to campus development and expansion, including advising on the implementation of the City of Portland’s new institutional zones.
• Secured Type IV Demolition Review approval from the City of Portland for the demolition of a contributing resource in a historic district.
• Obtained conditional use permits from Columbia County for new monitoring and injection/withdrawal wells for underground natural gas storage field.
• Secured conditional use permit for public sector client from the City of Portland to build a residential group living facility.
• Obtained county vested rights approval under Ballot Measure 49 for residential development in the heart of Oregon wine country.

State Energy Facility Siting

Regularly advises energy and utility clients on permitting and compliance matters related to project development and expansion through the Oregon Energy Facility Siting Council.

• Currently representing wind energy operator on site certificate amendment to existing facility to accommodate repower.
• Currently representing multiple solar energy developers on applications for site certificates.
• Representation of wind energy operator on multiple site certificate amendments to bifurcate facilities.
• Representation of wind energy operator on site certificate amendments to four existing projects to facilitate repowering.
• Representation of wind energy operator on site certificate amendment to add solar to permitted wind facility.
• Representation of wind energy developer on site certificate amendment to modify turbine specifications and add energy storage to approved facility.
• Representation of multiple wind energy developers and operators on site certificate transfers.
• Representation of solar energy developer on proposal to construct and operate a 75 MW solar photovoltaic energy facility, the first solar facility permitted through the Oregon EFSC.
• Representation of applicant on a proposed 650 MW natural gas-fired power plant, including a multi-year contested case proceeding, an application that was later withdrawn due to market conditions.
• Representation of applicant on site certificate amendment for underground natural gas storage field to include new storage reservoirs and new transmission pipeline.
• Assisted on all aspects of preparation of application for site certificate for two 500 MW wind facilities, both of which were later withdrawn due to market conditions.

Federal Environmental Permitting and Compliance

Represents clients across the country on Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA) and Bald and Golden Eagle Protection Act (BGEPA) compliance issues, including advising on the risk of enforcement and/or prosecution; assisting with the development of conservation plans and strategies; helping clients navigate the incidental take permitting process; and advising on related National Environmental Policy Act (NEPA) issues.

• Represents landowners and project operators on protected species investigation and enforcement matters involving the U.S. Fish and Wildlife Service’s Office of Law Enforcement.
• Counsels on MBTA liability and related issues (e.g., nest removal).
• Advises clients on BGEPA permitting and compliance strategies, including the development of eagle conservation plans to support the issuance of eagle incidental take permits. Currently assisting clients with eagle incidental take permit applications in USFWS Regions 1, 2, 3, 6, and 8.
• Secured eagle incidental take permits in Regions 1, 2, and 3.
• Advises clients on ESA compliance strategies, including the development of voluntary habitat conservation plans (HCP), safe harbor agreements, and candidate conservation agreements. Currently assisting a client with the preparation of a multi-species HCP for aquatic and terrestrial species.
• Secured complex amendment to an existing multi-species HCP.
• Secured Bureau of Land Management right-of-way grants for transmission line and access road to accommodate solar facility on private land. 
• Secured a special use permit (SF 299) from the U.S. Forest Service for a hydropower facility on National Forest System Lands.
• Counseled natural gas pipeline developer regarding consistency with forest plans under the National Forest Management Act (NFMA) and the Northwest Forest Plan.

Wetlands and Waterways

• Represents clients on state and federal wetland permitting requirements, as well as requirements for working within waters of the state and waters of the U.S.
• Secured after-the-fact permit from the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act for existing unauthorized dock in Willamette River.
• Representation of riparian owner before Oregon Office of Administrative Hearings on issues pertaining to unlawful use of adjacent submerged lands by adverse party.
• Representation of client before Department of State Lands on enforcement order for non-compliance with Removal-Fill permit.
• Obtained approval from Clackamas County for existing dock within “limited use” stretch of Willamette River Greenway.
• Representation of renewable energy trade association and certain members in providing extensive comments on the reissuance of the Nationwide Permit program.

Honors & Activities

• Selected as one of “America’s Leading Lawyers for Business” (Oregon) by Chambers USA (currently: Real Estate: Zoning/Land Use), 2022
• Included in The Best Lawyers in America^® (currently: Environmental Law, Land Use and Zoning Law), 2022–2023
• Listed among Rising Stars (Land Use/Zoning), Oregon Super Lawyers^®, 2013–2017
• Selected by the Portland Business Journal as a Forty Under 40 honoree, 2016
• Immediate Past Chair, Real Estate and Land Use Section Executive Committee, Oregon State Bar
• Member, Luncheon Sub-Committee, Real Estate and Land Use Section, Oregon State Bar
• Member, Oregon Women Lawyers
• Board Member, “I Have A Dream” Foundation—Oregon, 2009–2014

Insights & Presentations

• “Oregon Court of Appeals Says City Not Precluded from Rejecting Redevelopment Application” (co-author), Oregon Real Estate and Land Use Digest, July 2022
• Presenter, “Renewable Energy Development,” Pacific Northwest Timberlands Management: Regulations, Litigation, and Business Considerations, The Seminar Group, March 2022
• “Tribal Laws and Land Issues” (co-author), Chapter 10, The Law of Solar: A Guide to Business and Legal Issues, Stoel Rives LLP, Sixth Edition, 2022
• “Siting and Permitting Wind Projects” (co-author), Chapter 3, The Law of Wind: A Guide to Business and Legal Issues, Stoel Rives LLP, Ninth Edition, 2022
• “Tribal Laws and Land Issues” (co-author), Chapter 6, The Law of Wind: A Guide to Business and Legal Issues, Stoel Rives LLP, Ninth Edition, 2022
• “Navigating Oregon’s land use system requires awareness, vigilance, and flexibility,” Portland Business Journal, September 2021
• Presenter, “Habitat Conservation Plans in Oregon, 23^rd Annual Oregon Land Use Law Seminar, December 2019
• Presenter, “Bald and Golden Eagle Act Prohibitions and Permits, Rocky Mountain Mineral Law Foundation: Endangered Species and Other Wildlife, November 2019.
• Presenter, “Land Use 101 for Real Estate Lawyers,” OSB Real Estate and Land Use Section Annual Conference, August 2019
• Presenter and Panelist, “The Anatomy of a Wind Farm: Decommissioning,” American Wind Energy Association Wind Project Siting and Environmental Compliance Conference, April 2019
• Presenter, “Issue Spotting for Higher Ed Institutions: Campus Planning & Development,” Stoel Rives seminar, April 2019
• Presenter, “Solar Energy and Agricultural Lands,” 22nd Annual Oregon Land Use Law Seminar, December 2018
• Presenter and Panelist, “Critical Critters: Creating Conditions for Success,” Society of American Foresters National Convention, October 2018
• Presenter, “Migratory Bird Treaty Act and Incidental Take, What Now?,” Northwest Public Power Association Environmental Task Force, April 2018
• Presenter, “Enforcement Actions under MBTA and BGEPA: Civil Settlement Agreements to Resolve Past Eagle Take,” MBTA & BGEPA Conference, December 2017
• Presenter and Panelist, “Using Innovative Solutions to Tailor Protected Species Compliance Strategies,” American Wind Energy Association Wind Project Siting & Environmental Compliance Conference, March 2017
• Presenter, “New Year, New Eagle Rule: What It Means for Project Developers and Operators,” Stoel Rives webinar, January 2017
• Presenter, “Floodplain Regulation in Flux: Biological Opinion on the National Flood Insurance Program in Oregon,” Oregon APA Chapter Legal Issues Workshop, December 2016
• Presenter and Panelist, “BGEPA Permit Program,” Avian Species: Eagles and Migratory Birds Conference, November 2016
• “Mining on 10 Million Acres in Six States Impacted by BLM’s Proposed Withdrawal to Protect Sage-Grouse Habitat” (co-author), ABA Mining and Mineral Extraction Committee Newsletter, September 2016
• Presenter, “Environmental Law Update” Rocky Mountain Mineral Law Foundation: 62nd Annual Institute, July 2016
• “U.S. Supreme Court Punts on Federal Authority over River in Alaska,” Oregon Real Estate and Land Use Digest, April 2016
• Panelist, “Special Rules Under Section 4(d)—Conservation or Compromise?” Rocky Mountain Mineral Law Foundation Special Institute on the Endangered Species Act, November 2015
• “A Necessary Tool for Conservation: The Case for Section 4(d) of the Endangered Species Act” Endangered Species Act: Current and Emerging Issues Affecting Resource Development, Paper 7C (Rock Mt. Min. L. Fdn. 2015)
• Presenter, “Writing in Administrative Law,” University of Oregon Law School, April 2015
• Presenter and Panelist, “Legal Developments in Wildlife Protection: Eagles and Migratory Birds,” American Wind Energy Association Siting Seminar, March 2015
• Presenter and Panelist, “Incidental Take Under the MBTA and BGEPA: Recent Cases and Development,” Public Interest Environmental Law Conference, March 2015
• Presenter, “2015 Land Use Legislative Preview,” Stoel Rives Land Use Lunch Seminar Series, January 2015
• Moderator, “Compliance and Risk Avoidance Strategies for Possible Northern Long-Eared Bar Listing,” Stoel Rives webinar, December 2014
• Presenter, “Impact Assessments in Project Permitting,” Northwest Environmental Conference, December 2014
• “LUBA Affirms County Approval of Rest Area Project,” Oregon Real Estate and Land Use Digest, December 2014
• Presenter, “Inside the New Eagle ‘Take’ Rule,” Stoel Rives Outside In, April 2014
• “Local Ordinance Requiring Conditional Use Permit for Shooting Range Not Preempted by State Law,” Oregon Real Estate and Land Use Digest, March 2014
• Moderator, “Finding the Balance: Wind Energy and Avian Conservation,” webinar, January 2014
• “Wind Energy Operators Need Eagle Eyes for New Rules” (co-author), Law360, January 2014
• “Land Use Legislative Highlights” (co-author), Oregon State Bar Legislation Highlights Bar Book, 2013
• “Court of Appeals Interprets Meaning of ‘Lawfully Was Permitted to Establish’ Under Measure 49 ‘Express Pathway,’ ” Oregon Real Estate and Land Use Digest, February 2013
• “Avian Impacts and the Law” (co-author), Compliance and Conservation Strategies for Permitting Projects, 2013
• Panelist, “Teaming to Build a Defensible Record,” Multnomah Athletic Club, October 2011
• Moderator, “Getting the Most from the Consultant/Attorney Team,” Multnomah Athletic Club, May 2011
• “U.S. Fish and Wildlife Service Proposes Major Revision to Bull Trout Critical Habitat Designation” (co-author), American Bar Association Endangered Species Committee Newsletter, May 2010
• “Steps Toward Net Environmental Benefit in Agency Decisions” (co-author), Oregon Insider, December 2009
• Presenter, “Renewable Energy Siting and Permitting: Challenges and Opportunities,” Lewis & Clark Law School, June 2009
• “The Ninth Circuit’s Interpretation of the Administrative Procedure Act’s Final Agency Action Requirement: Oregon Natural Desert Association v. United States Forest Service,” Lewis & Clark Law Review, fall 2007
• “The Row on the Ruby: State Management of Public Trust Resources, the Right to Exclude, and the Future of Recreational Stream Access in Montana,” Environmental Law, fall 2006

Related News & Publications