Resume

Bar Membership:

Oregon Supreme Court;

Washington Supreme Court

U.S. District Court, District of Oregon

U.S. District Court, Western District of Washington

U.S. District Court, Eastern District of Washington

U.S. Court of Appeals, Ninth Circuit

EDUCATION:

Lewis & Clark College, Portland, Oregon, 1977-81

B.S. Political Science; Externship, Washington D.C., Fall 1980; Fencing Team

Northwestern School of Law, at Lewis & Clark, Portland, Oregon, 1982-86

J.D. Certificate in Environmental and Natural Resources Law; Honor Council 1982-83, Admissions Committee 1985-86

HONORS & AWARDS:

Trout Unlimited - 1991 - Certificate for contribution to the protection of cold water fisheries.

Oregon Natural Resource Council - 1992 - Conservation Achievement Award

1000 Friends of Oregon - 1992 - Citizen Mentor Certificate

Northwest Environmental Defense Center - 2002 - Volunteer Attorney of the Year

1000 Friends of Oregon - 2002 - Certificate of Appreciation, as Cooperating Attorney

Lewis & Clark Law School - 2003 - Distinguished Environmental Law Graduate

Washington State Bar - 2004 - Pro Bono Publico Service Commendation

University of Oregon Public Interest Environmental Law Conference - 2009 - Kerry L. Ryberg Award for Environmental Activism

SELECTED EXAMPLES OF REPRESENTATION:

Salt Caves Dam Opposition, Lead Attorney, 1985-1998

Represented, coordinated, and advised the Sierra Club, Oregon Trout, and five other conservation organizations in multiple state and federal administrative proceedings and court cases opposing licensing of a hydroelectric project on Oregon's Upper Klamath River. Lead counsel in all cases spawned by the project, among them: City of Klamath Falls v. EQC, 318 Or 532 (1994)(denial of CWA 401 Cert. upheld) & City of Klamath Falls v. Babbitt, 947 F.Supp. 1 (1996)(designation as Wild & Scenic River upheld).

Oregon Environmental Council v. Kunzman, 614 F.Supp. 657 (D.Or 1985), 636 F.Supp. 632 (D.Or 1986), 817 F.2d 484 (9th Cir.1987)

Assisted with NEPA case on proposed aerial pesticide spraying for Gypsy Moths. Prepared successful appeal to Ninth Circuit on attorneys' fees.

Oregon Natural Resources Council v. U.S. Coast Guard, 1987

Wrote briefs and assisted with successful NEPA TRO lawsuit to halt a proposed jet boat race through a wildlife refuge on the Snake River, during nesting season, and a subsequently successful EAJA attorneys' fees dispute.

Northwest Environmental Defense Center (NEDC) v. Thomas, 1986-88

Lead counsel in precedent setting CWA citizen suit against EPA, to force implementation of CWA § 303(d) (TMDLs) in Oregon.

NEDC et al v. Unified Sewerage Agency, 1988-90

Participated in settling Clean Water Act citizen suit against municipal sewage agency. Resulted in a 1.1 million dollar settlement and cleanup agreement.

Boger v. Norris & Stevens Inc. et al, 109 Or App 90 (1991) rev. den. 312 Or. 588 (1992)

Three week trial of toxic water exposure injury case, resulting in jury verdict of over $750,000. Verdict upheld on appeal.

NEDC v. U.S. Forest Service, 1991-92

Successful FOIA litigation to obtain release of Forest Service staff recommendations on a ski area expansion plan EIS preferred alternative, which had been given to the developer but not to the public.

WaterWatch v. Oregon Water Resources Department, 1993

Successful challenge to improper issuance of a water appropriation permit or right, on Arch Cape Creek at Oregon's coast.

Grossman v. City of Portland, 33 F.3d 1200 (1994)

Civil rights suit against municipality, for arrest of protester for carrying a sign in a public park during Rose Festival. Successfully overturned trial court dismissal on police/municipal immunity grounds and obtained substantial monetary settlement.

Buggsi Inc. v. Chevron USA Inc., 857 F.Supp. 1427 (1994)

Trespass, nuisance and CERCLA lawsuit for landowner with underlying gasoline contamination. Established exception to state SOL limits, based on federal hazardous waste statutes, and obtained significant property damage settlement.

Crawford v. Kaiser Permanente, 1994-95

Lead counsel in multi-million dollar medical malpractice case for wrongful birth/life on behalf of parents and disabled child. Obtained settlement that preserved private, state and federal disability benefits and created additional extra-needs trust worth in excess of $1,000,000.

National Wildlife Federation et al v. Aapaoa, 1995

Co-counsel in successful challenge to Siskiyou Nat'l Forest allowance of suction dredge mining activities, in contravention of NW Forest Plan.

ONRC v. Daley, 6 F.Supp.2d 1139 (D.Or.1998)

Local counsel in the lawsuit that forced NMFS to list Oregon coho salmon as endangered under the Endangered Species Act.

Parker v. Moeller's et al, 1999

Toxic exposure and property damage claim for multiply chemically sensitive neighbor of tree nursery. Obtained settlement of over $200,000.

Friends Of Mt. Hood et al v. USFS & Mt. Hood Meadows Ski Area, 1997-2001

Lead counsel in multiple federal court challenges to Ski Area expansion plan, as well as a Clean Water Act suit against ski area and USFS. Obtained precedent setting CWA Consent Decree, and a court issued injunction against further expansion until additional NEPA studies were done.

Friends Of East Fork v. N.M.F.S., 2000

Successful FOIA suit against federal agency to force disclosure of EIS & HCP documents actually written by gravel mine consultants, and intended as a template for agency draft HCP/DEIS.

Friends Of East Fork v. JL Storedahl, 1999 - 2004

Represented, coordinated, and advised local conservation groups in multiple state and federal administrative and federal court proceedings, opposing the proposed expansion of a gravel mine on the banks of the East Fork of the Lewis River, in Southwest WA.

Multiple Herbicide Drift Cases, 2006-2017

Represented various individuals in damages cases (large and small) arising out of misapplication or use of pesticides, that caused harm to persons or property.

Citizens For Responsible Development v. D.E.Q., 2008 - 2019

Represented and advised local business and citizen group opposing siting of WalMart Super Center on vernal pool wetlands and next to a designated critical salmon habitat stream, in The Dalles, OR. Successfully obtained revocation of a Clean Water Act Stormwater Construction Discharge permit issued by state agency to project. Successfully reversed grant of state wetland fill permit.

Benjamin v. Douglas Ridge Rifle Club, 2010

Represented plaintiff in precedent setting Clean Water Act & Res. Conserv. Recovery Act lawsuit against 60 year old Gun Club. Obtained Federal Court Consent Decree specifying requirements for wetland fill removal and lead contamination clean up of shooting range.

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