Carson Bowler deals with environmental challenges in both Oregon and Washington. His experience in transactions, litigation and regulatory compliance provides clients a broad perspective and a wide range of options.

Carson works closely with clients to understand their needs and find cost-effective, practical solutions. He works to tailor strategies to meet clients’ immediate objectives and long-term goals.

Carson has more than 18 years’ experience with litigation and administrative proceedings, Superfund remediation, forestry, water quality and quantity, wetlands, insurance coverage, and real estate transactions and risk management. He represents both buyers and sellers of contaminated properties in due diligence reviews, indemnity agreements, pollution insurance provisions and other risk allocation aspects of real estate transactions. He has negotiated Consent Judgments/Orders, Prospective Purchaser Agreements and settlements with state and federal administrative agencies on a variety of matters involving administrative and environmental law.

In addition to his natural resources focus, Carson advises small and closely held businesses in day-to-day decision-making, including managing risk and liability. 

Experience

Real Estate Transactions and Development

• Broad experience with buyer and tenant due diligence and transactions for sites with known contamination, including major industrial facilities, former dry cleaner sites, gas stations, former landfills, timberland, and wood products manufacturing facilities.
• Negotiated cost recovery and indemnity agreements for former and current gas station sites with Shell, Chevron, and BP.
• Since 2015, represented sellers on 3 Prospective Purchaser Agreement transactions, and obtained 7 Prospective Purchaser Agreements from DEQ for buyers, including on sites with existing No Further Action letters, sites located in Superfund areas, and low-income housing credit projects.
• Advised buyers and owners on pollution insurance options for environmental liabilities.

Project Oversight

• Coordinated a team to remediate a Superfund-listed site in Oregon, procured insurance for costs, addressed Natural Resource Damages concurrent with cleanup, and negotiated with state, federal and tribal governments for Consent Judgments and settlements.
• Coordinated a team to address environmental risks associated with a low-income housing projects, including negotiating indemnity agreement with national oil company, and obtaining a Prospective Purchaser Agreement and No Further Action letters from DEQ .
• Developed Lacey Act Due Care programs with several firm clients.

Litigation

• Litigation experience in state, federal and administrative courts, including property damage, water rights, lease disputes, environmental damage, and licensing and enforcement actions.
• Recovered 100% of cleanup expenses plus attorney fees in a case involving underground storage tank in a residential neighborhood.
• Defended Superfund prosecution by the U.S. Department of Justice arising out of dioxin and other contamination used at window-manufacturing site.
• Prosecuted breach of contract for environmental cleanup obligations, resulting in a settlement that paid the client rent during cleanup activities in addition to damages.
• Worked on a team that had an $8 million Oregon Superfund case dismissed in a suit filed by an Oregon municipality.
• Litigated navigability determinations for John Day River and Waldo Lake in state and federal court.

Memberships

• Oregon State Bar Administrative Law Section, Executive Committee, Secretary (2015), Chair Elect (2017)
• Multnomah Bar Association Court Liaison Committee (2009-2012)
• Oregon State Bar Energy, Telecommunications & Utility Law Section, Chair (2003) Executive Committee (2002-2003)
• Multnomah Bar Association Professionalism Committee (2001-2003)
• Multnomah Bar Association Young Lawyers Section Service to the Bar Committee, Chair (2001)
• American Inns of Court, Gus J. Solomon Chapter (1997-2003) 

Awards

• Martindale-Hubbell AV-Rated
• Multnomah Bar Association Young Lawyers Section Award of Merit (2001)
• Washington State Bar Pro Bono Public Service Commendation (2011)

Seminars & Speaking Engagements

Environmental Laws and Regulations
Conference on Environmental Protection
January 20, 2017
 
Case Study: Astoria Marine Construction Company
2016 Superfund in Oregon Conference
October 21, 2016

Working with DEQ—Understanding the Spectrum of DEQ’s Programs
Oregon Brownfields Conference
May 16, 2016

Environmental Management Systems
NWPPA Annual Meeting
June 3, 2015
 
DEQ’s Nuisance Strategy
Northwest Environmental Conference
December 10, 2014
 
Liability for Residential Underground Storage Tanks
Oregon Association of Realtors
October 15, 2014
 
Protecting Yourself in Commercial Real Estate Transactions
Schwabe Williamson & Wyatt
June 4, 2014

Publications

‎“ISO 14001/Environmental Management Systems: Things Your Facility Needs to ‎Know,” Northwest Pulp & Paper Association (2015).‎

“Environmental Considerations in the Business Transaction” (2013).

“Invasions of Real Property, Including Environmental Damage,” Oregon State Bar CLE, Damages (1998, 2016 revision).

“DEQ's Nuisance Odor Strategy,” Northwest Environmental Business Council (2014).

Community Activities

• University of Oregon Sigma Nu Fraternity Alumni Board, Past President and Current Board Member
• Imago Dei Community, Childcare Volunteer

Services