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.
- Counsel to investor-owned electric utility for more than ten years in the permitting of multiple generating facilities, including natural gas-fired generating facilities and wind farms. 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 400 MW natural gas-fired generating facility in Umatilla County, Oregon.
- 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.