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Brien Flanagan

Brien J. Flanagan

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503-796-2915 Direct
bflanagan@schwabe.com

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Professional Experience
Brien Flanagan assists clients with transactions and litigation involving environmental and natural resource legal issues. Brien has broad-based experience in the development of industrial and commercial facilities, including permitting; investigation and remediation of contaminated property; and ongoing environmental compliance. His recent projects include permitting of transloading and transshipment facilities, analysis of environmental risk in the purchase of corporations and industrial properties; assisting with the regulatory investigation process of contaminated property; and litigating insurance claims for historical contamination.

He has extensive experience with a variety of environmental regulations including the Clean Water Act, National Environmental Policy Act, CERCLA, Oregon Superfund, Washington's Model Toxics Control Act and Washington's State Environmental Policy Act. Mr. Flanagan regularly represents clients before State and Federal courts and environmental agencies.

Brien lends a significant portion of his time and efforts to pro bono legal work. Specifically, he represents an inmate on Louisiana's death row in his post-conviction appeal process.

Professional & Community Activities
Brien is involved with several community organizations including the Portland Art Museum; Campaign for Equal Justice; and St. Andrew Nativity School. Brien is an active member of the American Bar Association, the Oregon State Bar, and the Multnomah Bar Association.

Admitted to Practice
Oregon State Courts
Washington State Courts
United States District Court, District of Oregon
United States District Court, District of Western Washington
United States Court of Appeals, Ninth Circuit

Representative Publications

  • "White House Backs Renewable Fuel Standard," Climate Change Law & Policy Reporter, April 2012
  • "Shell Oil Makes a Preemptive Strike -- Goes to Court to Restrain Environmental Groups," Climate Change Law & Policy Reporter, April 2012
  • "EPA Releases Draft Pesticide Application for Public Comment," June 08, 2010 (coauthor)
  • "Environmental Groups File Suits to Attack Timber Harvesting as a Source of Greenhouse Gas Emissions," Climate Change Law & Policy Reporter, p. 156, October 2009
  • Invasions of Real Property, Including Environmental Damage (Oregon State Bar CLE, Damages, and 2007 Cumulative Supplement) (coauthor)
  • Duties of Emergency Disclosure to the Government Under CERCLA, EPCRA, and the Clean Air Act, in Attorney-Client Privilege in Civil Litigation: Protecting and Defending Confidentiality (Vincent S. Walkowiak ed., 3d ed., ABA 2004) (coauthor)
    • Education
      Georgetown University Law Center, Juris Doctor degree (2002)
      University of Notre Dame, Bachelor of Arts degree (1997)

      Articles
      Ninth Circuit Requires Stormwater Permit for Logging Roads, August 20, 2010


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