reshaping and sustaining the environment

Acquisitions and Redevelopment of Contaminated Property

Firm lawyers have counseled clients in the acquisition and development of numerous “brownfield” sites, including some of the most significant projects in the Portland metropolitan area. We advise clients with respect to cleanup under Department of Environmental Quality's (DEQ’s) Independent Cleanup Pathway as well as compliance with Consent Decrees that govern cleanup and redevelopment of certain sites. We have represented high density mixed use projects in urban neighborhoods, residential subdivision developers, and developers of unique projects such as former lumber mills, former trucking facilities, metal foundries, and other commercial and residential properties.

Contaminated Land Restoration & Transfer

Ball Janik LLP attorneys are skilled in assisting clients with the transfer of contaminated properties under federal and state brownfields initiatives, as well as Department of Defense (DOD) funded environmental cleanup programs.  We have professionals who have served as leaders and advisors on project teams in California and Washington, DC, negotiating levels of cleanup with federal and state regulatory agencies.  These efforts resulted in the restoration and transfer of significant parcels of contaminated properties and their return to productive use. In particular, we have unique experience in the cleanup and transfer of property under the Defense Department’s formerly used defense site and base realignment and closure programs.

Court Challenges to Administrative Decisions

The firm has represented trade organizations, conservation groups, and other associations in challenges to government regulations and has defended private landowners and timber companies in environmental litigation.

Environmental Due Diligence

The firm regularly represents clients in environmental due diligence reviews for real estate and corporate transactions.  Our representation includes evaluation of environmental risks and the development of regulatory and transactional strategies to minimize, assign and quantify environmental risks in order to protect and enhance the value of real property and other assets.  We have assisted an international high technology manufacturer with the sale of a large silicon wafer fabrication facility, including environmental permit compliance and permit transfers, wetlands permitting, and Level 1 and Level 2 environmental site investigations. We have also represented a large Northwest timber company in the due diligence review of hazardous substances cleanup, permitting and compliance, and water rights issues involved in sale and acquisition transactions. We have advised an investment firm regarding environmental compliance issues involved in the purchase of power plants being sold as part of bankruptcy proceedings.

Government Affairs

We work closely with the firm’s Government Affairs practice on issues relating to the environment and natural resources. We have helped clients obtain federal funding for sustainable development and natural resource projects such as Water Resource and Infrastructure Projects, navigation improvements for ports, Aquatic Ecosystem Restoration Projects, pedestrian and bike trail improvements, road realignment and protection of industrial land for future development.

We have promoted the interests of clients on a wide variety of resource legislation, including amendments to the Clean Water Act and the Pipeline Safety Act as well as advocacy in support of the reauthorization of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) on behalf of remediation contractors who restore contaminated sites to productive use.

We also regularly assist clients with their issues before various federal agencies, resulting in the successful resolution of environmental challenges.

Insurance Recovery

The firm has represented clients in a number of insurance coverage matters, many of which have involved environmental matters.  Ball Janik LLP attorneys have handled insurance coverage issues arising form underlying claims under CERCLA and its state law counterparts, RCRA, and the Clean Water Act, including claims for cleanup costs and for Natural Resource Damages.  We have successfully pursued coverage for claims asserted by regulatory bodies and by private parties, and have recovered millions of dollars for our policyholder clients.

Cleanup Disputes

The firm has prosecuted and defended a variety of cleanup cases in the state and federal courts.

Bankruptcy Cases

The firm has represented companies in cleanup disputes resolved in the bankruptcy courts, where the firm’s attorneys provided bankruptcy-related solutions to cleanup issues.

Clean Water Act and Natural Resource Damage Claims

The firm has represented a transportation company with regard to claims under the Clean Water Act, including a Natural Resource Damages claim.

EPA Claims

We have successfully defended CERCLA claims by the EPA against a trucking company.

Railyard Cleanup

The firm represented a developer in federal litigation against a railroad whose operations had led to significant hydrocarbon contamination, obtaining a unique summary judgment ruling in the developer’s favor.

State and Federal Superfund Act Claims

The firm has represented a number of clients in environmental contribution cases in federal and state courts in Oregon and Washington, including claims involving hydrocarbon and solvent contamination.  For example, the firm recently represented a Washington state manufacturer in federal court cleanup litigation and state regulatory proceedings regarding regional contamination of groundwater with chlorinated solvents, including the defense of claims seeking tens of millions of dollars.

Vapor Intrusion

The firm has addressed regulatory concerns arising from indoor air issues in industrial and residential structures.

Energy Facility Permitting

The firm has represented energy companies in obtaining permits for the development of generating facilities and related transmission lines and pipelines. Our representation has included successful advocacy for our clients in state and local legislative proceedings, administrative rulemakings, administrative contested case hearings, and an appeal to the Oregon Supreme Court.

Natural Gas-fired Generating Plants

The firm has represented energy facility developers in obtaining site certificates from the Ocean Energy Facility Siting Council for several natural gas-fired generating facilities and related transmission line and pipeline facilities. Our representation on these projects has included negotiating agreements and obtaining permits to ensure the development of key public infrastructure, including transportation system improvements, water supply and wastewater disposal.

Wind Power Facilities

The firm has represented developers with respect to evaluating permitting issues for wind power projects and in site certificate proceedings with the Oregon Department of Energy and the Energy Facility Siting Council.

Environmental Permitting Experience

The Environmental practice has broad experience assisting clients with environmental permitting. We represent clients in contested cases before state and federal agencies and in the federal courts.

Ski Area Permitting

The firm has represented a major Northwest ski area in the development of new facilities and the approval and defense of a new ski area master plan.  Our representation has included successful defense of National Environmental Policy Act (NEPA) documents in administrative appeals and before the federal courts.

Timber Mill Operations

The firm represented a large Pacific Northwest timber company on environmental issues related to the operation of its mill facilities, including Clean Air Act and National Pollutant Discharge Elimination System (NPDES) permit issues.  Our work also included the successful defense, in U.S. District Court and the Ninth Circuit, of several federal timber sales.

Water Rights

We have represented numerous clients in the evaluation of water rights and the permitting, perfection and transfer of water rights, including successful defense of an administrative contested case before the Oregon Water Resources Commission. 

Wetlands Issues

The firm's attorneys have represented developers in obtaining state and federal permits for alteration of wetlands and in negotiating resolutions of alleged violations of wetland permitting requirements. Our work has included successful defense of an administrative contested case before a hearings officer of the Oregon Department of State Lands and negotiations with the Army Corps of Engineers and Oregon Department of State Lands for wetlands mitigation in conjunction with "after the fact" permitting of wetland fill.