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Richard H. Allan

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Richard Allan is the managing partner of the firm’s Portland office. Richard represents developers in the acquisition, siting, expansion and operation of major projects, with an emphasis on energy facilities, but also including industrial facilities, ski areas, and destination resorts. He also regularly advises clients on the environmental aspects of real estate and business transactions, including: due diligence; negotiation of indemnities, prospective purchaser agreements and insurance coverage; and development of strategies for remediation to facilitate cost-effective and protective site redevelopment.

Richard has represented business owners and developers on the environmental, land use and natural resource issues arising in all phases of project development, including site selection and acquisition, permitting, development and operation. His experience in adversarial proceedings ranges from numerous local land use hearings and appeals, to administrative contested cases before state agencies concerning energy, wetlands, water rights and environmental enforcement, to trial court and appellate proceedings in state and federal courts.

Representative Experience

  • Counsel to investor-owned electric utility for fifteen years in the permitting of multiple generating facilities, including over 1400 MW of natural gas-fired generating capacity in Oregon  and over 700 MW of wind capacity in Oregon and Washington. Initiated successful rulemaking proceeding to address carbon dioxide offset obligations of facilities operating at variable loads; advised client on more than a dozen amendments to facility site certificates from the Oregon Energy Facility Siting Council (EFSC).
  • Counsel to independent power producer in permitting of new 415 MW natural gas-fired generating facility in Umatilla County, Oregon.
  • Represent pipeline developer in Oregon land use proceedings for a new 230-mile natural gas pipeline crossing four counties.
  • Represented independent project developer in obtaining site certificate from EFSC for wind farm with peak capacity of approximately 200 MW in Wasco County, Oregon.
  • Provided due diligence advice to investment group for purchase of partially constructed gas-fired generating facility in Washington through bankruptcy proceeding of project developer.
  • Counsel to the owner of 40-acre former railyard in settlement of claims against railroad for past contamination, and in negotiation and ongoing implementation of multi-party consent decree with DEQ for redevelopment of site as a new, mixed-use urban neighborhood.
  • Represented developer of 5,000-acre destination resort in local legislative proceedings for adoption of destination resort map and development ordinance, approval of resort master plan, resolution of cultural resource and wildlife habitat issues, and approval of plans for multiple phases of development.
  • Assisted clients with Section 404 and ESA Section 7 consultation for development of dock facility for new manufacturing facility on Columbia River, as well as land use permitting for associated natural gas pipeline.
  • Represented ski area located on U.S. Forest Service land in the defense of administrative appeal, U.S. District Court and Ninth Circuit challenges to new ski area master plan under NEPA, NFMA and Ski Area Permitting Act, culminating in negotiated settlement with plaintiff environmental groups to establish framework for future development.
  • Counsel to a large Pacific Northwest timber company on environmental issues related to the acquisition, operation and sale of its mill facilities, including Clean Air Act, NPDES, spill response, site remediation and water rights issues in Washington, Oregon, Idaho and Montana.
  • Represented developers of two former quarry sites in addressing environmental issues related to presence of methane, including participation in Environmental Quality Commission rulemaking proceeding and negotiation of consent orders with Department of Environmental Quality facilitating mixed use redevelopment of the sites.
  • Advised homebuilders regarding compliance with NPDES stormwater permit requirements; represented national homebuilder as Oregon counsel in EPA enforcement case; negotiated settlement of potential citizen suit claims against homebuilder for alleged construction-related stormwater violations.

History

  • Marten Law PLLC, Portland, OR (2013 - present)
  • Ball Janik LLP, Portland, OR (1989 - 2013)
  • Judicial Clerk to the Honorable Malcolm M. Lucas, Chief Justice, California Supreme Court, San Francisco, California (1988 - 1989)
  • Policy Analyst, Office of Solid Waste and Emergency Response, U.S. Environmental Protection Agency, Washington, D.C. (1982 - 1985)

Education

  • J.D., University of California, Berkeley (1988), Order of the Coif
    • (Editor-in-Chief, Ecology Law Quarterly)
  • B.A., with Highest Honors, Phi Beta Kappa, University of California, Berkeley (1982)

Admitted to Practice

  • State Bars of Oregon and Washington
  • U.S. District Court for Oregon
  • U.S. Court of Appeals for the Ninth Circuit

Professional Activities and Honors

  • Member, Oregon Bar Association Sections on Environment and Natural Resources, and Real Estate and Land Use (2010-2016)
  • Member, Washington State Bar Association Environmental and Land Use Law Section
  • Member, Oregon Business Association, Environment and Economic Development Committee
  • Martindale Hubbell AV® Preeminent™ Rated
  • Chambers USA Industry Leader, Environmental and Real Estate: Zoning/Land Use (2008–2016)
  •  Named by peers as an Oregon Super Lawyer in Land Use/Zoning (2010–2016)

Select Presentations and Publications

  • Speaker, “Twenty Years of Prospective Purchaser Agreements,” OSB Real Estate and Land Use Section (August 2016)
  • Co-chair, “Oregon’s Clean Electricity and Coal Transition Plan,” Law Seminars International (July 28-29, 2016)
  • Author, “Oregon Enacts Phase-Out of ‘Coal-by-Wire’ and Doubles Renewable Portfolio Standard,” Pratt’s Energy Law Report, Vol. 16, No. 5 (May 2016)
  • Author, “Submerged and Submersible Lands,” Oregon State Bar Real Estate Deskbook (2015)
  • Panelist, “Coal and Oil Transport by Rail,” Buying & Selling Electric Power in the West, Law Seminars International, Seattle, WA (January 2015)
  • Panelist, “Energy Export and Transportation,” Environmental Law:  Year in Review, OSB Environmental & Natural Resources Section (October 2014)
  • Moderator, “The Federal and State Permitting Framework,” Energy Export Permitting in the Northwest, Sea-Tac Airport, WA (June 2014)
  • Co-chair, “Energy Exports in the Northwest,” Law Seminars International (October 24-25, 2013)
  • Panelist, “Allocating Transmission Costs: Illinois Commerce Commission v. FERC,” Law Seminars International TeleBriefing (September 2013)
  • Co-author, “Questions Surround Regulating Generation Under Obama’s Climate Action Plan,” Natural Gas & Electricity (September 2013)
  • Panelist, “Natural Gas for Transportation and LNG Markets,” Law Seminars International (July 19, 2013)
  • Speaker, “Fishing for Answers in a New Regime: The Endangered Species Act and Floodplain Regulation,” Oregon State Bar Real Estate and Land Use Section Annual Meeting (August 2012)
  • Moderator, “Renewables and the Environment: Seeking an Equitable Balance,” Future Energy Conference, Portland, OR (April 2011)
  • Author, “Goal 6 (Air, Water and Land Resources Quality)” and “Goal 7 (Areas Subject to Natural Hazards,” Oregon State Bar Land Use Deskbook (2010)
  • Moderator, “Thorny Project Issues,” The Business of Renewable Energy, Portland, OR (April 2009)
  • Speaker, “Wind Projects -- Their Feasibility and Rewards,” Oregon State Bar Government Law Section, Municipal Sustainability Projects CLE (October 2008)
  • Speaker, “Destination Resorts: An Exception to ‘Exceptions,’” University of Oregon School of Law Real Estate Seminar (2007)
  • Speaker, Environmental Law Education Center, Property Transactions, Real Transactions & Real Estate Development CLE (September 2006)
  • Speaker, “Endangered Species Act: The Salmonid Listings -- Why They’re Everyone’s Concern,” Oregon State Bar Real Estate and Land Use Section Annual Meeting (August 2000)
  • Author, “Goal 8 (Destination Resorts)” and “Goal 14 (Urbanization)” Oregon State Bar Land Use Supplement (2000)
  • Speaker, “A Survey of Environmental Issues for Real Estate Development,” Oregon State Bar, Growth and Development Issues in Real Estate and Land Use CLE (April 1999)
  • Speaker, “Federal and State Laws for Protection of Wildlife Habitat -- Conflicts Between Policies and Practices,” Law Seminars International, Fish and Wildlife Habitat CLE (August 1995)

Civic Activities

  • Member, City of Portland Adjustment Committee (1998-2006)

Representative Experience

Hoyt Street Yards: Railyard to Urban Neighborhood

For 15 years, RIchard Allan has worked with Hoyt Street Properties, LLC, the developer that is transforming a former railyard into a high-density residential and commercial neighborhood and the focal point of Portland’s renowned Pearl District. More

Natural Gas Pipeline

Richard Allan leads the firm’s representation in seeking all required land use reviews and approvals from four Oregon counties for a new 230-mile natural gas pipeline and associated facilities.  Our work includes the preparation of applications, representation in multiple local evidentiary hearings, and defense of local approvals on appeal. More

Perennial Power Holdings

Richard represents Perennial Power Holdings, the co-owner of the Hermiston Generating Plant, a natural gas-fired power plant in Umatilla County, Oregon, with respect to permitting issues and operating agreements. More

Ski Area Master Plan

Richard Allan represented a Pacific Northwest ski area, located on U.S. Forest Service land, in the approval and defense of a new Master Plan. The Forest Service Record of Decision approving the Master Plan was challenged by environmental groups in administrative proceedings and in U.S. District Court. Plaintiffs raised numerous challenges under NEPA, NFMA and the Ski Area Permitting Act. More

Utility Generating Facilities

Richard Allan represents an investor-owned utility in obtaining state authorizations for multiple phases of  two natural gas-fired power plants. His representation has involved preparation of numerous applications, defense of an administrative contested case, and negotiation of agreements for public facility improvements. More