UPCOMING EVENTS:
Lunchtime Brownbag CLE — Overview of Oregon Agencies’ Priorities with the Directors of DEQ, OWRD, and ODFW
Monday, November 18, 2024 from 12:00-1:15 PM PST via Zoom
CLE credit: pending
With the appointments of Ivan Gall at the head of the Oregon Water Resources Department in July 2024 and Debbie Colbert to head the Oregon Department of Fish and Wildlife in May 2024, joining Leah Feldon as the Director of the Oregon Department of Environmental Quality, the three main Oregon environmental agencies now have proven leaders at their head to act on the state’s priorities.
Please join us for this unique opportunity to hear Directors Feldon, Colbert and Gall discuss their priorities for the next couple of years and engage with our state bar membership on the pressing environmental issues that Oregonians are facing.
This talk will be presented via Zoom. A link will be sent out to all registrants by email prior to the event. Registration will close at noon on Friday, November 15.
The program is free but registration is required. Click here to register.
PAST EVENTS:
The Environmental & Natural Resources Section held a CLE field trip to learn about fire ecology and the recovery and restoration of the forest and trails in the Columbia River Gorge following the Eagle Creek Fire.
Our trip was led by David Spangler and Miranda Mendoza of the Oregon Parks and Recreation Department’s West Gorge Management Unit. We discussed the Eagle Creek Fire, fire ecology, post-fire recovery and restoration of vegetation and trails, and related legal and policy implications. All this while enjoying a 1.5-mile round-trip hike up the Angel’s Rest Trail to Coopey Falls and Coopey Creek, where various points of interest were enjoyed along the way.
2024 Presentation materials available HERE
2023 OSB Environmental and Natural Resources Section Annual Award Celebration Honoring Jay Waldron
Annual CLE – 2023 Environmental & Natural Resources Law: Year in Review
2023 Agenda and Presentation materials available HERE
Field Trip: RestorCap – Generating Dual Purpose Mitigation Bank Credits Through Environmental Restoration
Presentation material available here.
Annual CLE – 2020 Environmental Law: Year in Review
ENR Section Brownbag – Sea Otters on the Oregon Coast: Once Upon a Time and Perhaps Again
Thursday, June 25, 2020 — 12:00 noon to 1:00 pm via Zoom video conference
1 CLE Credit (Pending)
The Environmental and Natural Resources Section hosted a presentation exploring the history of sea otters in Oregon, their ecological and cultural importance, and the prospects for their return and recovery. The presentation touched on the mission of the Elakha Alliance, an Oregon non-profit organization devoted to sea otter conservation. It also reviewed the legal and regulatory framework that would apply to the potential reintroduction of sea otters to the Oregon coast, looking at some lessons learned from other sea otter re-introductions in Alaska, California, and southern Oregon.
About the Panelists:
Robert Bailey, Board President, Elakha Alliance. He is retired after nearly 30 years working on coastal and ocean policy for the Oregon Coastal Management Program in the Department of Land Conservation and Development. He grew up in North Bend and spent many hours on the beach and in the water near Cape Arago. (Presentation)
Michele Zwartjes, U.S. Fish and Wildlife Service, Oregon Coastal Office Field Supervisor. Michele has been a wildlife biologist with the Federal government for 20 years, specializing in endangered species and conservation biology. She holds a Ph.D. in Biology from the University of New Mexico and a B.A. in Communications from the University of California, San Diego. (Presentation)
The 2019 Environmental & Natural Resources Law Section CLE was held on October 3, 2019, from 8:00 am to 4:30 pm at McMenamin’s Edgefield (Troutdale, Oregon).
The ENR Section Annual Meeting will be held in conjunction with this year’s CLE on October 3, 2019. The section will be voting on a proposed dues increase for 2020 to offset rising costs as well as on the officers and members of the Executive Committee for 2020.
ENR Section Holiday Party and Annual Award Presentation Ceremony
Thursday, December 12, 2019 @ 5:30 pm
The Cleaners @ the Ace Hotel (403 SW 10th Avenue, Portland)
Appetizers provided; no-host, cash-only bar (ATM on site)
The Holiday Party and Annual Award Presentation Ceremony will afford a time for section members to socialize and honor the 2019 Annual Award recipient. Nominations are now open for this year’s recipient — the nomination form, including nomination criteria and instructions for submitting a nomination, are available by clicking here. The nomination deadline is October 11, 2019.
The Environmental & Natural Resources Section led 20 members on a CLE field trip to learn about fire ecology and the recovery and restoration of the forest and trails in the Columbia River Gorge a year and a half after the Eagle Creek Fire. The 17 of the 20 members made their way to the Angel’s Rest Trailhead in four cars, as part of a carpool effort to help alleviate congestion in the crowded parking areas near the trailhead.
Our trip was led by Mika Barrett, Stewardship Volunteer Coordinator for Friends of the Columbia Gorge, Clay Courtright, Park Manager of the Oregon Parks and Recreation Department’s West Gorge Management Unit, and Amanda Astor, Forester, American Forest Resource Council. It included discussions of the Eagle Creek Fire, fire ecology, post-fire recovery and restoration of vegetation and trails, and related legal and policy implications, and a 1.5-mile round-trip hike up the Angel’s Rest Trail to Coopey Falls and Coopey Creek, highlighting various points of interest along the way.
ENR Section Brownbag
1 CLE Credit (Pending)
The Environmental and Natural Resources Section hosted a presentation of recent updates in Oregon and Federal air quality regulations.
Our panelists included: Leah Feldon, Deputy Director of the Oregon Department of Environmental Quality; Tom Wood, a partner at Stoel Rives LLP in Portland; and Mary Peveto, the President and co-founder of the Portland non-profit Neighbors for Clean Air.
Leah provided a general overview of the Cleaner Air Oregon program, how it fits into the existing permitting program, and upcoming rule-makings authorized by SB 1541. Tom provided an update on what is happening at the federal level in terms of Clean Air Act rulemaking and policy decisions. In addition, he provided an overview of the bills currently before the Oregon Legislature that would establish a cap and trade program with a new state agency overseeing greenhouse gases. Mary provided a history of air quality advocacy in Oregon, her specific experiences and Neighbors for Clean Air’s current work, as well as a review of the diesel bill that is being proposed this legislative session.
About the Panelists:
Leah Feldon serves as Deputy Director of the Oregon Department of Environmental Quality. Prior to her appointment as Deputy Director, she worked as Special Advisor to the Director for Cleaner Air Oregon, an initiative to overhaul industrial air toxics regulations. Leah has worked in various managerial roles at DEQ since joining the agency in 2005 including manager of the Office of Compliance and Enforcement and as the Air Operations Manager. She received her J.D. from Lewis & Clark Law School with a certificate in Environmental and Natural Resources law.
Tom Wood is a Partner at Stoel Rives LLP in Portland. He has significant experience in the areas of air quality and hazardous waste permitting and compliance. Tom’s work has involved permitting and compliance with multiple federal Clean Air Act programs including new source review, Title V permitting, Title VI (acid rain) compliance, visibility requirements, and hazardous air pollutant regulations. Tom served on the Governor’s Rulemaking Advisory Committee on behalf of large industries during the development of the Cleaner Air Oregon program. He received his J.D. from Columbia Law School.
Mary Peveto is the President and co-founder of the Portland non-profit Neighbors for Clean Air. Neighbors for Clean Air works with communities to advocate for stricter standards to regulate air toxics in Oregon. Mary started her work in 2008 when she learned that her daughters’ school ranked among the worst in the nation for schools at risk from toxic industrial air pollution. She served on the Governor’s Rulemaking Advisory Committee for the Cleaner Air Oregon program as well as the U.S. EPA’s Clean Air Act Advisory Committee. Mary has a bachelor of science degree from Macalester College.
ENR Section Brownbag
People of color have been marginalized in the areas of agriculture and natural resources for decades, and the practice of law is no exception. Agricultural justice issues often plague low-income communities of color more than any other demographic. Further, women comprise 17 percent of the principal operators of American farms, but the level of discrimination and harassment is still a challenge. Increasing opportunities for women lawyers and lawyers of color is key to ensuring the area of practice is reflective of the nearly 40 percent demographic that are the primary victims of agricultural justice issues. Despite the obstacles, the number of people of color and women shaping the US food and agricultural systems is increasing. As a lady lawyer of color with an LLM in agricultural law and 12 years of experience, Hishaw has a unique perspective of being a trendsetter in practice areas that are limited in diversity. Hishaw discussed the experience that she had working in agriculture before she established her businesses out of necessity. She also discussed the disparities in this area of law and advocacy and the lack of service providers in agricultural law and resolutions.
ENR Section Brownbag in Salem
Panelists:
Mary Anne Cooper
Mary Anne serves as Public Policy Counsel for the Oregon Farm Bureau. Prior to joining OFB, Mary Anne worked in private practice in Portland. She received her J.D. from University of Oregon School of Law and a B.S. in Environmental Economics Policy and Management from Oregon State University.
Jason Miner
View Governor Brown’s 2019-2021 Recommended Budget and Policy agenda by clicking here.
Jason is the Natural Resources Policy Advisor for Oregon Governor Kate Brown. Prior to joining the Governor’s policy team, Jason served as the Executive Director of 1000 Friends of Oregon. He received his J.D. and a Masters of Environmental Management from Duke University.
Paige Spence
Presentation materials are available here, here, here, and here.
Paige serves as the Oregon Conservation Network Director for the Oregon League of Conservation Voters. Prior to joining OLCV, Paige worked as the Policy and Communications Advisor to Portland City Commissioner Nick Fish, and Chief of Staff to Oregon State Senator Elizabeth Steiner Hayward. She received her J.D. from Lewis & Clark Law School and a B.A. from University of Georgia.
Moderator:
Mike Freese
Mike is a partner at The Romain Group – a public policy advocacy law firm. After working on federal environmental issues in Washington, DC, Mike served as in-house counsel for a statewide trade association and Vice President of Oregon’s largest business association. He serves on the Executive Committee for the Environmental & Natural Resources Section and leads the Legislative Subcommittee. Mike received his J.D. from Willamette College of Law and a B.S. from Oregon State University
ENR Section Annual Meeting and Holiday Party
Tuesday, December 11, 2018 @ 5:30 pm
The Cleaners @ the Ace Hotel (403 SW 10th Avenue, Portland)
Appetizers provided; no-host, cash-only bar (ATM on site)
The section honored Joan Snyder, the 2018 recipient of the section’s annual award, which recognizes her leadership, service, and outstanding contributions in the areas of environmental and natural resources law. Photos of the award ceremony are available by clicking here. The section also voted on the officers and members of the Executive Committee for 2019.
Annual CLE – 2018 Environmental Law: Year in Review
6 CLE credits applied for, including 1 ethics credit and 1 access to justice credit.
Please see our Annual CLE page for more information.
ENR Section Brownbag in Bend
Materials available here.
Josh Newton is a partner at Karnopp Petersen LLP in Bend, Oregon. Josh’s practice concentrates on dispute resolution with an emerging emphasis on natural resource and environmental disputes. Josh’s practice includes the representation of the Confederated Tribes of Warm Springs. During his time representing the Tribe, Josh has observed evolving societal preferences and norms are driving significant changes in the valuation and management of the region’s natural resources. Josh is focused on better understanding how the natural capital of the western United States may be managed in accordance with twenty-first century values and interests, which includes appropriate respect for, and recognition of, tribal interests.
Robert “Bobby” Brunoe is an enrolled member of the Confederated Tribes of Warm Springs. His ancestors come from the Wasco tribe, which is one of the Indian tribes that has inhabited the Columbia River since time immemorial. The Wasco tribe is a fishing culture. Bobby is currently the General Manager of the Branch of Natural Resources for the Confederated Tribes of Warm Springs. He is also the Tribal Historic Preservation Officer for the National Historic Preservation Act. Bobby oversees the protection and enhancement of the Confederated Tribes of Warm Springs’ natural and cultural resources. He is also charged with protecting the Confederated Tribes of Warm Springs’ treaty-reserved rights both on and off the Warm Springs Reservation.
Portland Harbor Superfund Site Afternoon Cruise
Climb aboard the Portland Spirit’s “Crystal Dolphin” and enjoy an afternoon tour of the downstream reach of the Willamette River, also known as the Portland Harbor Superfund Site. As you enjoy the view from the upper deck with other members of the ENR Section, our panel of local experts will present diverse perspectives on the past, present, and future of the River. Appetizers and a no-host bar will sustain you on your two-hour tour
This all-day tour by bus to the Bull Run Watershed offers a unique opportunity to see firsthand how Portland’s drinking water travels from forest to faucet. During the tour, a professional natural resources educator leads participants through the Bull Run Watershed, discussing Portland’s drinking water sources and system.
ENR Section Brownbag
Lisa Brown (Staff Attorney, WaterWatch), materials may be found here.
This CLE presentation focused on current issues in groundwater management and regulation in Oregon. The panelists discussed two ongoing situations involving groundwater management in Southern and Southeastern Oregon and the broader implications for groundwater users and regulators. Lisa Brown discussed the legal interpretations and facts that resulted in severe groundwater over allocation in the Harney Basin, status of any reforms, and the challenges presented by attempts to address groundwater over allocation after the fact. Sarah Liljefelt discussed the Oregon Water Resources Department’s regulation of Upper Klamath Basin groundwater users in response to Tribal and Project calls for water over the past few years, including the statutory and regulatory basis for such regulation, and the role of scientific models utilized by the Department.
ENR Section Brownbag
Stoel Rives LLP, 760 SW Ninth Ave., Suite 3000, Portland, OR 97205
Mac Lacy (Senior Attorney, Oregon Natural Desert Association) discussed conservation and ecology of the Greater sage-grouse, an imperiled bird symbolic of the vast sagebrush sea between the Rocky Mountains and the Sierra Nevada and Cascade ranges. Materials may be found here.
Scott Horngren (Staff Attorney, Western Resources Legal Center) addressed current legal developments in cases challenging the lethal removal of barred owls in spotted owl habitat and the lethal removal of ravens that are predators of sage-grouse eggs. Materials may be found here.
ENR Section Brownbag
ENR Section Annual Meeting and Holiday Party
Tuesday, December 12, 2017 @ 5:30 pm
The Cleaners @ the Ace Hotel (403 SW 10th Avenue, Portland)
Appetizers provided; no-host, cash-only bar (ATM on site)
ENR Section Brownbag
October 13, 2017, 8:00 a.m. – 5:30 p.m.
McMenimen’s Edgefield, Troutdale, Oregon
ENR Section Field Trip, Whooshh Innovations:
On September 23, 2016, members of the ENR Section visited Whooshh Innovations’ live fish transport system on the Washougal River in coordination with the Washington Department of Fish and Wildlife.
This is not your ordinary fish passage system! The system utilizes a “Whooshh tube” and “Salmon Cannon” to propel hatchery and wild fall Chinook salmon from the weir up the riverbank a distance of 120 linear feet in approximately 5 seconds. This innovative technology is great fun to see in person as the fish are visible through the tube. More information, photos, and videos are available on the company’s website: http://www.whooshh.com/.
This field trip was a great opportunity to get out of the office, and learn about the legal issues spurring more fish passage projects and a recent technology designed to facilitate improvements in fish passage.
ENR Section Summer Social
On August 25, 2016, section members gathered at Lucky Lab on SE Hawthorne Boulevard in Portland for an evening of camaraderie.
Brownbag CLE:
The Coeur Alaska Case: Rational Reconciliation or Polluter’s Charter
In COEUR ALASKA, INC. v. SOUTHEAST ALASKA CONSERVATION COUNCIL, Case No. 07-984 (June 22, 2009), the United States Supreme Court addressed the relationship between Sections 404, 402 and 306 of the Clean Water Act in the context of mining and filling. Come and hear the perspective of Bob Maynard, one of the attorneys of record in the case and debate the issues and implications stemming from this important ruling, reversing, yet again, the Ninth Circuit on an environmental matter.
Speaker: Bob Maynard, Esq., Partner Perkins Coie
Bob Maynard is a partner in Perkins Coie, is admitted to practice in Alaska, Idaho, and Washington D.C. and is the managing partner of Perkins’ Boise office. Bob focuses his practice on environment, energy, and natural resources law. His practice includes project development and other transactions, regulation, legislation and litigation. His experience includes forest products/timber, government contracts/leasing/permitting, historic preservation, Indian Law, land use/real estate, minerals, oil & gas, public lands, recreation/resort, and water law matters. Bob is listed in The Best Lawyers in America , Chambers USA “America’s Leading Environment & Natural Resources Lawyers,” and in Mountain States Super Lawyers. Bob represents Coeur Alaska and has been involved in the permitting efforts and all phases of the litigation around those permits for Coeur’s Alaska operations
Brownbag CLE:
Update on Insurance Cost Recovery in Pollution Cases
Wednesday, July 29, 2009
On July 9, 2009, the Oregon Supreme Court agreed to hear the appeal in the case of ZRZ Realty v. Beneficial Fire, Case No. S057155, a case in which plaintiffs are seeking to establish insurance coverage in respect of environmental contamination that resulted from dismantling of navy and merchant marine vessels at a site along the Willamette River. Join us for a robust discussion of insurance cost recovery case law and issues associated with insurance cost recovery in West Coast states regarding environmental contamination, including discussion of the Zidell ship scrapping case, the Oregon Environmental Cleanup Assistance Act, what does and does not trigger coverage, and predicting trends in the courts.
Christopher R. Hermann is a partner in the Portland, Oregon, office of Stoel Rives. He specializes in environmental and environmental insurance law. He regularly advises policyholders on environmental liability insurance coverage claims and strategies for accelerated access to the cash value of historical insurance policies through negotiated cash-out settlements on behalf of policyholders. Mr. Hermann earned his J.D., Environmental and Natural Resources Certificate, from the University of Oregon School of Law in 1981. He was the Managing editor of the University of Oregon Law Review. He earned his B.A., summa cum laude, Phi Beta Kappa, from Bowdoin College, 1976.
Brownbag CLE:
Legislating Solutions to Climate Change in a Struggling Economy
Friday, June 26, 2009
A discussion of what is being done in the Oregon Legislative Assembly to address the challenges of global climate change as we await significant additional action at the federal level.
Speaker, Lisa Adatto is a business professional with over 20 years experience in marketing and public policy. She was a founder, owner and senior executive of a company that eventually grew from five to 1000 employees. She developed a great interest in climate issues and joined a leading business group in Oregon, the Oregon Business Association (OBA) as Environment and Economic Development Director. In that position she was responsible for working with members to develop a business, economic development and environmental policy agenda. Currently, Lisa is the Oregon Director of Climate Solutions working to promote realistic, sensible and profitable climate policy in Oregon. As part of her duties, she works to recruit business leaders to engage them in regional, state and federal policy. She serves as a leader on of the Healthy Climate Partnership, and on several workgroups, and she works on a variety of projects at the nexus of business profitability and climate.
Brownbag CLE:
The Promise of Development:
Natural Resource Issues in a New Economy
May 7- 8, 2009
Seventh Mountain Resort, Bend, Oregon
The nature of development in Central and Eastern Oregon is on the brink of change. The sunny, wide open climates of the east side of the Cascades make this land a prime candidate for new, renewable energy developments such as wind, solar and geo-thermal. Simultaneously there is a growing interest in residences in “amenity rich” areas such Bend, and other beautiful, remote towns near mountains and rivers.
This CLE will attempt to provide practitioners with a clearer vision of the upcoming development pressures and a nuts and bolts introduction to how to handle clients with questions about these new areas.
The event will open Thursday evening with a presentation on tribal perspectives on new development by Robert Brunoe of the Warm Springs Reservation. The presentation will be immediately followed by a reception hosted by Schwabe Williamson & Wyatt.
Friday Morning will begin with a presentation by Mike Carrier of the Governor’s Office. Morning sessions will look at destination resorts and the impacts of new development on ground and surface waters in this dry climate.
At lucnch we will hear from Brent Foster, the new Special Counsel to the Oregon Attorney General on Environmental Crimes
The afternoon will be entirely devoted to renewable energy issues. It will begin with a keynote address on the state of renewable energy in Oregon by
Mike Grainey, Director of the Oregon Department of Energy.
Brownbag CLE:
Forestry & Climate Change
Tuesday, April 21, 2009, Noon – 1pm
According to the EPA, forests and soils have a large influence on atmospheric levels of carbon dioxide (CO2)—the most important global warming gas emitted by human activities. Tropical deforestation is responsible for about 20% of the world’s annual CO2 emissions, but on a global scale these emissions are more than offset by the uptake of CO2 by forests and agriculture. Therefore, forest management can play an important role in controlling further emissions and sequestering additional carbon. Come hear a panel of three experts speak about forestry, carbon, and climate, in Oregon and around the world.
Brownbag CLE:
Bio Fuels
Sept. 23, 2008
The Role of Biofuel Renewables in Combating Global Climate Change
There has been much recent controversy regarding the role of Biofuels in addressing Global Climate Change and in weaning the United States from Foreign Oil. Despite the findings of the US Department of Agriculture, a variety of vested interests have charged corn-based ethanol with responsibility for driving up food prices. Is alcohol still part of the solution? In addition, despite some substantial grant awards for research, development and demonstration in the area of cellulosic biofuels, many remain skeptical that inedible plant matter will ever make a significant contribution to energy independence. Whatever the current state of play, the case for biofuels is evolving. Is alcohol the solution? Come and discuss these and other issues with Allan A. Fulsher, Esq., Vice President of US Ethanol, LLC.
Brownbag CLE:
Wave Energry
June 23, 2008
Oregon has a wonderful renewable resource available to it along its western coast which if appropriately captured can assist in solving our Global Climate Change challenges.
Speaker: JUSTIN KLURE: Justin Klure is a principal partner with Pacific Energy Ventures, LLC, a consulting firm focused on developing renewable energy projects across the country. His company focuses on developing the business solutions needed to address the complexities of the energy marketplace. Justin is a founding member of the Oregon Wave Energy Trust and served as its Director for the first year of operation. The Oregon Wave Energy Trust’s mission is to build and share the expertise needed to develop the emerging wave energy industry. Justin has spent the majority of his career delivering new energy technologies and projects into various markets throughout the Northwest. His current professional focus is positioning Oregon as a leader in the development of wave energy. He has also served as a senior advisor with the Oregon Department of Energy, leading the development of innovative energy policies, climate change initiatives, renewable energy projects and technology transfer. During his ten year tenure with the State, he authored numerous policy documents and was a key contributor for legislation aimed at developing new, clean energy resources.
Brownbag CLE:
Addressing Rapid Climate Change
May 30, 2008
Speaker: Bill Drumheller,
Senior Policy Analyst with the Oregon Department of Energy.
“The earth’s climate is undergoing unprecedented change as a result of human activity, and this change will have significant effects on all Oregonians, their families, their communities, and their workplaces. A broad scientific consensus tells us that climate change is accelerating, and that it is happening at a speed that was unanticipated even recently. It is urgent that we act now, both to reduce the cause of this earth-transforming crisis by rapidly driving towards a low-carbon economy, and to begin to prepare for and adapt to the changes that mitigation cannot prevent. If we as Oregonians rise to this challenge and make intelligent and well-informed choices, we can minimize the most adverse impacts of changing weather patterns on our lives while producing many benefits – including economic opportunities – by leading the world to an environmentally sustainable and globally competitive state economy. In this report, the CCIG proposes that Oregon takes steps toward developing a framework that will assist individuals, businesses, and governments to incorporate climate change into their planning processes.”
– From the Final Report of the Climate Change Integration Group to the Governor
Governor Kulongoski’s Climate Change Initiative
April 28, 2008
The State of Oregon is fighting Green House Gas Emissions and working to prepare us to manage the impacts of global climate change. Learn what the Governor Kulongoski is doing to address climate change, including advancing alternative renewable energies, working with the Western Climate Initiative, and working with the Oregon Legislature.
Speaker: David Van’t Hof, Sustainability and Renewable Energy Policy Advisor for Governor Kulongoski. He is responsible for implementing the Governor’s Executive Order on sustainability, the Governor’s three state climate change initiative, and fostering the development of renewable energy and associated technologies in Oregon.
Oregon v. The Feds
State Efforts to Reduce Greenhouse Gas Emissions from Vehicles
March 4, 2008
In light of the sluggish response of the federal government to climate change, states such as California, New York and Oregon have taken the initiative with regard to enacting laws to reduce greenhouse gas emissions from vehicles, one of the largest sources of greenhouse gas emissions in the United States. Come and discuss the variety of litigation against and petitions to the US EPA regarding the need for a regional and national assault on climate change. Materials
Speaker: Paul Logan, Assistant Attorney General, Oregon Department of Justice.