Publications

“WOTUS”: A Tale of Two Rules While Litigation and Rulemaking Continue
Pair of Clean Water Act Decisions Creates Circuit Split over Discharges to Groundwater
Petitions Seek Supreme Court Review of Fourth and Ninth Circuit Decisions That Could Expand the CWA’s NPDES Program
Environmental Groups Score First Victory to Expand Regulation of Stormwater Under the NPDES Program
Fourth Circuit Joins Ninth In Holding That “Indirect” Discharges May Violate the CWA
Discharges and Hydrologic Connection to Groundwater: EPA Seeking Comment as Courts Weigh In
Ninth Circuit Holds That Indirect Discharges Require NPDES Permits
First Circuit Shuts Down Use of TMDLs to Expand NPDES Stormwater Permitting
DOJ Clarifies Limits on Third Party Payments in Environmental Settlements
Unanimous Supreme Court: WOTUS Rule Challenges Belong in Federal District Courts
Replacement of the Clean Water Rule to Be a Two-Step Process
Coal and Transportation Companies Challenge Ninth Circuit Decision Limiting CWA Permit Shield Defense
Supreme Court Presented Opportunity to Decide Relationship of Endangered Species Act to Other Federal Statutory Directives
Agency’s Failure to Act Does Note Require Consultation under ESA Section 7
Endangered No More: Legal Implications of Life After the List
ESA Salmon Litigation In the Pacific Northwest: A Sampler of Significant Cases (co-author)
Recent Developments in Oregon: In-stream Water Right Transfers Survive Judicial and Legislative Challenges
In “Dam Breaching” Lawsuit, District Court Holds Columbia River Power System Biological Opinion to Remain in Effect During Remand to NOAA Fisheries
Oregon Legislative Update: Proposals That Could Impact Water Rights Transfers
League of Wilderness Defenders v. Forsgren: The Ninth Circuit Refuses to Defer to the Forest Service’s Interpretation of the Clean Water Act
The Thirty-Five Year Evolution of Oregon's Temperature Standards (co-author)
Endangered Species and the Columbia River: The Intersection of the ESA and the Economy (co-author)
The Intersection of Federal ESA Regulations and State Water Law: Strategies for Avoiding A Collision (co-author)
Dodging Deference: The Supreme Court’s Review of Agency Interpretation in Edelman v. Lynchburg College
Acrimony over Acrolein: Environmental Groups Bring a Lawsuit over Pesticide Use in Irrigation Canals
The Continuing Debate Over Klamath Basin Water Rights: The Oregon Water Resources Commission Denies Request for Water Rights Moratorium
Oregon: Clean Water Act Issues Impacting Water Supply
Declaratory Rulings, Oregon Administrative Law (co-author) (2001 & 2005 Supp.)
Inaccurate Analysis Leading to an Accurate Conclusion: The Ninth Circuit's Cursory Treatment of the Constitutionality of the Lacey Act, Environmental Law