Brien J. Flanagan
Associate
503-796-2915 Direct
bflanagan@schwabe.com
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Formatted Resume
Professional Experience
Brien Flanagan focuses his practice on environmental and natural resources law. He handles cases involving the Clean Water 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 environmental agencies and in citizen suits.
Mr. Flanagan consults on environmental risk and liability issues for mergers and acquisitions, real estate, energy, and natural resources transactions. His efforts include conducting due-diligence investigations and risk analysis for industrial property purchases, leases and natural resources development projects; as well as analyzing workplace environmental safety and liability issues and assisting with permitting issues.
Mr. Flanagan lends a significant portion of his time and efforts to pro bono legal work. Specifically, Mr. Flanagan represents an inmate on Louisiana's death row in his post-conviction appeal process. Professional & Community Activities
Associates Committee Cochair, Campaign for Equal Justice
Editorial Board, Climate Change Law & Policy Reporter
Member, Oregon State Bar Pro Bono Committee
Member, City Club of Portland
Mr. Flanagan 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 Court of Appeals, Ninth Circuit
Recent Publications
"Environmental Groups File Suits to Attack Timber Harvesting as a Source of Greenhouse Gas Emissions," Climate Change Law & Policy Reporter, p. 156, October 2009.
Climate Change and Water in Oregon (13 West. Water Law & Pol'y Rprt. 6 (April 2009))
Nanotechnology Contains Risks, but Benefits are Worthwhile (Portland Business Journal, November 21, 2008, p. 23)
Fish Food: Oregon's Landmark Proposal to Reduce the Amount of Pharmaceuticals in Its Rivers (12 West. Water Law & Pol'y Rprt. 67 (January 2008))
Environmental Considerations In Land Use Law: Land Use Law: Current Issues in Subdivision, Annexation and Zoning (National Business Institute Conference, December 2007)
Environmental Issues in Real Estate Transactions (National Business Institute Conference, August 2007)
District Court Rejects "Tulloch II" Rule—Scope of Corps' Dredge and Fill Permitting Jurisdiction Again Called Into Question (11 West. Water Law & Pol'y Rprt. 168 (April 2007)) (coauthor)
Invasions of Real Property, Including Environmental Damage (Oregon State Bar CLE, Damages, and 2007 Cumulative Supplement) (coauthor)
United States v. Burlington Northern: Ninth Circuit Accepts "Divisible Harm" as a Defense [in Cost-Recovery Actions], Oregon Insider, Issue No. 414/415 (2007) (reprinted in The Water Report, Issue No. 39 (2007))
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
In Hindsight, Lawmakers Accomplished Sustainable Goals
The Columbia River Clean Diesel Project Commits To Reducing Diesel Emissions
Protecting Against Subprime Carbon: Proposed Framework For Regulation of Carbon Markets in the American Clean Energy and Security Act of 2009
US Supreme Court Limits CERCLA Arranger Liability and Eliminates Presumption of Joint and Several Liability in Section 107 Actions
US EPA Report Finds That Global Climate Change Will Harm Regional Air Quality
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