Practice Expertise

  • Environmental Compliance and Safety
  • Environmental Regulation and Litigation
  • Agency Actions and Rulemaking
  • Energy

Areas of Practice

  • Agency Actions and Rulemaking
  • Energy
  • Environmental Compliance and Safety
  • Environmental Regulation and Litigation
  • Environmental & Natural Resource Regulation
  • Environmental Compliance & Clean Up
  • Environmental Regulation and Litigation
  • Facility Siting & Permitting
  • Plant Development, Facility Siting and ...
  • Real Estate
  • Water Law
  • View More

Profile

Principally serving the energy, utility, and transportation industries as well as public ports, I represent a diverse client base in environmental and energy law and litigation. I have tried complex cases in federal and state courts and before the Federal Energy Regulatory Commission. I have briefed and argued energy and environmental cases at the appellate level before the U.S. Supreme Court, the Ninth Circuit Court of Appeals, and the Oregon Supreme Court.I have represented clients at nearly two dozen state and federal Superfund sites, drafting dozens of power sales and power purchase agreements. I advise clients in siting facilities from landfills to power plants and from pipelines to gold mines, including coal and crude oil terminals. With a reputation for suggesting innovative solutions to difficult issues, I have earned the respect of the environmental and regulatory communities.

Bar Admissions

  • Oregon State Courts
  • Washington State Courts

Education

  • University of Virginia School of Law, Juris Doctor degree (1974)
  • University of Virginia, Master of Arts degree, English (1968)
  • Providence College, Bachelor of Arts degree, English (1967)

Areas of Practice

  • Agency Actions and Rulemaking
  • Energy
  • Environmental Compliance and Safety
  • Environmental Regulation and Litigation
  • Environmental & Natural Resource Regulation
  • Environmental Compliance & Clean Up
  • Environmental Regulation and Litigation
  • Facility Siting & Permitting
  • Plant Development, Facility Siting and Permitting
  • Real Estate
  • Water Law

Professional Career

Significant Accomplishments
  • Obtained a $100 million award in international arbitration on an energy contract.
  • Represents navigational interests on Endangered Species Act lawsuits related to the Columbia and Snake River Dam system in federal court.
  • Successfully defended Federal Clean Air Act litigation regarding applicability of prevention of significant deterioration (PSD) regulations.
  • Obtained a $10 million award against the State of Oregon in a forest trust land dispute.
  • Recovered $9.7 million for Coos County in a natural gas pipeline construction dispute.
  • Won a jury verdict for $1.7 million in a water pricing dispute.
  • Participated in the litigation and settlement of a $2 billion energy pricing dispute.
  • Prevailed in federal litigation that upheld a Clean Air Act permit.
  • Handling an ongoing administrative challenge to denial to construct coal transloading dock.




Articles

  • Schwabe in the Field - Drones: An Emerging Tool for Agriculture

Seminar

  • The Mighty Columbia

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