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 ...
  • Public Lands & Endangered Species
  • Public Lands and Endangered Species
  • Real Estate
  • Water Law
  • View More

Profile

With my talented Schwabe colleagues, I help energy producers, manufacturers, and export terminals seek the permits, authorizations, and financing they need to develop state-of-the-art facilities vital to their success and our region's economic strength. I advise clients in the alternative and traditional energy sectors as well as mining, bulk storage, and wood products industries with innovative and complex projects, including renewable energy development, carbon capture initiatives, fuel storage facilities, and a variety of mining development and expansion projects.A naturally resourceful leader, I work along with my team on environmental, energy, and natural resource matters. We combine deep industry experience, business understanding, legal creativity, and the highest quality advocacy to help you seek your desired outcome.With over 20 years of experience, I have handled all aspects of the development processes for environmental permitting and compliance, as well as remediation of contaminated properties (including hazardous waste management).I have represented clients before state and federal courts and environmental agencies.

Chambers & Partners USA, client highlights

"His skills and knowledge are great and he is always very practical.""Brien Flanagan has incredible business acumen. He understands business and applies the law to what the business needs.""His knowledge of both federal and state regulatory matters has been very beneficial.""He knows our company and strategic objectives."

Bar Admissions

  • Oregon State Courts
  • Washington State Courts

Education

  • Georgetown University Law Center, Juris Doctor degree (2002)
  • University of Notre Dame, Bachelor of Arts degree (1997)

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
  • Public Lands & Endangered Species
  • Public Lands and Endangered Species
  • Real Estate
  • Water Law

Professional Career

Significant Accomplishments
  • Advised a Fortune 500 Company in the acquisition of air, water and dock permits for a crude oil bulk storage facility along the Columbia River.
  • Represented a large landowner along the Columbia River in the litigation and mediation of disputes with prior owners, adjacent landowners and historical insurance companies for a multi-million dollar recovery of funds from investigation and remediation from contaminated soil and groundwater at its property.
  • Counseled a developer in all permitting matters for a proposed coal export project on the Columbia River, resulting in the first air and water permits issued for coal exports in the Pacific Northwest.
  • Counseled a major ethanol distributor in the renewal of air permits for an ethanol manufacturing plant.
  • Advised a container terminal on stormwater permitting; negotiated and assisted with development of a strategy to alter timelines to meet clients' development and operational needs.
  • Represented a developer in an administrative appeal of a denial of permit to construct a dock in the Columbia River.
  • Advised on the development of a precious metals mine in Oregon.
  • Serves as lead environmental counsel on a contentious multi-party sediment contamination investigation.




Articles

Additional Articles
  • Pro Bono Spotlight Three: Immeasurable and Essential
  • Environmental Enforcement and Regulatory Updates
  • OP-ED: DEQ Initiates New Water Quality Review and Enforcement Program
  • COVID-19: Impacts on Environmental Compliance, Inspections, and Enforcement (Updated 05/7/2020)
  • Covered by the Clean Water Act and WOTUS? Maybe Not Anymore.
  • Update on Oregon's New Air Toxic Program
  • Schwabe Defends Tribal Sovereignty
  • Oregon Governor Signs Off on Historic Minimum-Wage Increase
  • Schwabe in the Field - Drones: An Emerging Tool for Agriculture

Seminar

  • Business & The Environment Conference
  • Evolving Science, Emerging Contaminants: Navigating Uncertainty in the Redevelopment Process
  • Constructing, Operating, and Maintaining OSW: Developing the Supply Chain to Serve Offshore Wind
  • Cleaner Air Oregon Workshop: From Policy to Practice

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