Jay Waldron

Retired

Industry focus

The job of a lawyer is to solve problems in a cost-effective manner. I ‎address problems from a broad base of legal and political experience—and ‎common sense.‎

How I represent clients at Schwabe

Principally serving the energy, utility, and transportation industries as well as public ports, I represent a diverse client base in environmental and energy law and litigation. I have tried complex cases in federal and state courts and before the Federal Energy Regulatory Commission. I have briefed and argued energy and environmental cases at the appellate level before the U.S. Supreme Court, the Ninth Circuit Court of Appeals, and the Oregon Supreme Court.

I have represented clients at nearly two dozen state and federal Superfund sites, drafting dozens of power sales and power purchase agreements. I advise clients in siting facilities from landfills to power plants and from pipelines to gold mines, including coal and crude oil terminals. With a reputation for suggesting innovative solutions to difficult issues, I have earned the respect of the environmental and regulatory communities.

Experience

  • Obtained a $100 million award in international arbitration on an energy contract.
  • Represents navigational interests on Endangered Species Act lawsuits related to the Columbia and Snake River Dam system in federal court.
  • Successfully defended Federal Clean Air Act litigation regarding applicability of prevention of significant deterioration (PSD) regulations.
  • Obtained a $10 million award against the State of Oregon in a forest trust land dispute.
  • Recovered $9.7 million for Coos County in a natural gas pipeline construction dispute.
  • Won a jury verdict for $1.7 million in a water pricing dispute.
  • Participated in the litigation and settlement of a $2 billion energy pricing dispute.
  • Prevailed in federal litigation that upheld a Clean Air Act permit.
  • Handling an ongoing administrative challenge to denial to construct coal transloading dock.

Education

  • University of Virginia, Master of Arts degree, English (1968), School of Law, Juris Doctor degree (1974)
  • Providence College, Bachelor of Arts degree, English (1967)

Admissions

  • Oregon State Courts
  • U.S. Court of Appeals - Ninth Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court - District of Oregon
  • U.S. Supreme Court

Memberships

  • Lewis and Clark Board of Trustees, Member
  • Clean Water Institute, Former Board President
  • Halprin Conservancy, Board Member Emeritus
  • OHSU Board of Directors, Former Chair
  • Port of Portland Commission, Former Chair

Awards

  • Recognized by The Best Lawyers in America®, “Lawyer of the Year”, Portland Environmental Litigation (2022)
  • Recognized by The Best Lawyers in America®, Environmental Law, Environmental Litigation, and Regulatory Enforcement (SEC, Telecom, Energy) Litigation (2009-2024)
  • Selected to the Oregon Super Lawyers List, Environmental Litigation (2016-2019)
  • Oregon State Bar Pro Bono award

Additional Publications

Author, chapters in Environmental Law and Damages, Oregon State Bar Handbooks.

Author, “Navigating Environmental Law for Client Success” The Legal Impact of Climate Change.

Community Activities

US Rugby Hall of Fame 2017-Player, Coach, Administrator 

Outside Interests

Adventure motorcycling, whitewater rafting and serving on public boards

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