Elizabeth E. Howard
Elizabeth works with companies and individuals to navigate complex natural resource and environmental regulations and to obtain permits and authorizations. She also defends and resolves enforcement and regulatory actions from environmental and natural resources agencies in Oregon. Elizabeth is particularly experienced in the areas of water; wetlands; endangered, threatened and sensitive species; Confined Animal Feeding Operations; fertilizers and pesticides; and public and federal lands.
Elizabeth has a strong focus on natural resources, agriculture, and commercial and residential development. Because of her time working within these industries, she is regarded as a trusted legal advisor, guiding clients through all aspects of their operations and business activities including transactions, contracts, and agreements.
Elizabeth works with landowners, developers, investors, farms, ranches, dairies, energy development companies, timberland owners, ports, and cities throughout Oregon and Washington.
"Elizabeth Howard was recommended as someone who understood the cattle rancher's perspective. She does."
- Assisted applicants in obtaining water rights (storage, groundwater, surface water), transfers, permit amendments and extensions, groundwater modifications, and other authorizations from and agreements with the Oregon Water Resources Department.
- Assisted in obtaining Oregon state removal/fill permits, Section 404 (Army Corps of Engineers) permits, Section 401 state water quality certifications, Mutual Order and Agreements, and fish passage authorizations.
- Defended and resolved enforcement actions issued by the Oregon Department of Environmental Quality, Department of State Lands, Department of Agriculture, Department of Water Resources, and Department of Forestry.
- Coordinated and led consultant, engineer, public relations, and attorney teams to timely complete complex projects and to defend against state regulatory actions.
- Provided water rights due diligence, environmental due diligence, and public lands rights of way (access) due diligence and advice for developments, real estate transactions, asset purchases, and mergers and acquisitions.
- Assisted landowners and entities in developing federal and state legislative concepts. Participated in rulemaking and legislative work groups.
- Represented applicants in contested cases before the Oregon Administrative Hearings Office.
- Resolved fish damage and water quality impact claims (civil and administrative) exceeding $50 million through a negotiated settlement with multiple state and federal agencies.
- Resolved public land trespass notices and enforcement actions related to fires, grazing, and access.
- Resolved, through stipulated agreement and mutual order and agreement, various Oregon Department of Agriculture claims related to pesticide labeling, use, and applications.
- Mediated grazing permit enforcement actions and restored grazing activity on U.S. Forest Service and Bureau of Land Management lands.
- Defended high profile enforcement and termination actions for individual CAFO permit issued to Oregon dairy and later held by bankruptcy trustee.
- Defended and settled reforestation and harvest violations issued by the Oregon Department of Forestry.
- Assisted in development of Biological Assessments and Biological Evaluations, and obtaining Biological Opinions.
Memberships & Awards
- Oregon State Bar, Agricultural Law Section, Former Chair
- Oregon State Bar, Environmental & Natural Resources Law Section, Member
- Oregon Cattlemen’s Association, Member
- Oregon Farm Bureau, Member
- Oregon Dairy Farmers’ Association, Member
- Washington Cattlemen’s Association, Member
- National Cattlemen’s Beef Association, Member
- Oregon Forest Industry Council, Legal Committee member
- American Forest Resource Council, Member
- Ranked for Environment Lawyers in Oregon, Chambers USA (2021)
- Best Lawyers in America award, Lawyer of the Year, Portland Water Law (2022)
- Best Lawyers in America award, Water Law (2012-2022)
- Oregon State University, College of Agricultural Sciences Alumni Luminary award (2011)
- Oregon Super Lawyers, Rising Star in Environmental Law award (2008-2012, 2015)
- Portland Business Journal, Forty Under 40 award (2009)
- U.S. News & World Report – Best Lawyers, “Law Firm of the Year” in Timber Law, Team Member (2015 and 2018)
- U.S. News & World Report – Best Lawyers, National Tier 1 Firm in Timber Law, Team Member (2015-2018)
Resources & Ideas
- Best LawyersAugust 19, 2021
- Nine practice areas and 23 attorneys chosen for distinctionMay 20, 2021
- The AstorianMarch 15, 2021
- August 20, 2020
- August 15, 2019
- August 15, 2018
- Washington Ecology Defends Dairy Rules as Hearing EndsCapital PressJune 11, 2018
- Irrigators Aim to Restore Transfers Among ReservoirsJanuary 16, 2018
- August 15, 2017
- Oregon Business, May 1, 2017
- August 19, 2016
Seminars & Speaking Engagements
- Schwabe Women in BusinessMay 6, 2020
- February 13, 2020
- Making the Most of Your Water Rights - Presentation at Chemeketa Community College Agribusiness Management ClassFebruary 11, 2020
- November 14, 2019
- July 25, 2019
- Oregon State Bar Agricultural Law Section Annual "Round-Up" CLE ProgramMay 17, 2019
- University of Oregon School of LawApril 5, 2019
- 2018 Washington Dairy ConferenceDecember 4, 2018
- November 8, 2018
- September 27, 2018
- July 20, 2018
- April 19, 2018
- April 6, 2018
- November 10, 2017
- August 10, 2017
- Oregon Cattlemen’s Association Midyear ConventionPendleton, OR, May 31, 2017
- Yamhill County Historical Center, 11275 SW Durham Lane, McMinnville, OR, November 3, 2016
- January 6, 2022
- February 12, 2021
- August 12, 2020
- July 24, 2020
- Oregon Court of Appeals Holds Hydroelectric Water Rights Do Not Automatically Convert to Permanent In-Stream Rights When Temporarily Leased for In-Stream PurposesJuly 9, 2020
- May 7, 2020
- County of Maui v. Hawaii Wildlife Fund: Groundwater Discharges May Require Permit Under Clean Water ActApril 28, 2020
- April 6, 2020
- March 26, 2020
- The Water Report: Water Rights, Water Quality & Water Solutions in the WestFebruary 15, 2020
- December 19, 2018
- December 5, 2018
- Marbled Murrelet Listed as Endangered Under Oregon’s Endangered Species Act: What Does It Mean for Timber Landowners and Operators in Oregon?April 16, 2018
- December 21, 2016
- June 30, 2016
- Beef magazine, January 27, 2016
- October 9, 2015
- August 28, 2015
- June 9, 2015
- June 4, 2015
- Village Baptist Church, Leadership Team
- Western Resources Legal Center, Board Member (2005-2012)
- Lewis & Clark Law SchoolJuris Doctor, magna cum laude (2001)
- Oregon State UniversityBachelor of Science degree, Agriculture and Resource Economics (1998)
Oregon State Courts
Washington State Courts
North Dakota State Courts
United States Court of Appeals, 9th Circuit
United States Court of Appeals, Tenth Circuit
United States District Court, District of Oregon
United States Supreme Court