Lindsay Thane

Shareholder

Industry focus

I strive to learn my clients’ needs so I can help them find ‎solutions that further their growth and development goals.‎

How I represent clients at Schwabe

I help individuals and businesses of all sizes throughout the Northwest resolve disputes and navigate permitting processes through strategic and substantive counsel on water rights, natural resources, and environmental issues. My environmental compliance and due diligence work, coupled with my experience litigating disputes and negotiating solutions with regulatory agencies, help me identify the distinctions that are critical to reaching my client’s goals.

During law school, I was an extern for Magistrate Judge Jeremiah Lynch of the U.S. District Court for the District of Montana. I also served as an intern with the Solicitor’s Office for the Department of the Interior in Portland, Oregon, with the U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance in Washington, D.C., and for former Montana Senator Max Baucus in Washington, D.C.

Experience

  • Assisted a large U.S. mining company in multi-state acquisition of multiple mines by navigating ‎state and federal environmental permitting requirements and conducting due diligence.‎
  • Advised a client on permitting a large energy development project requiring a Clean Water Act 404 permit and provided strategic advice on compliance with federal National Environmental Policy Act (NEPA) processes.
  • Assisted applicants in obtaining water rights (storage, groundwater, surface water), ‎transfers, permit amendments, extensions of time, and groundwater modifications from the ‎Oregon Water Resources Department.‎
  • Represented companies in resolving enforcement actions from the Oregon Department of ‎Environmental Quality and negotiating a regulatory path for continued operations.‎
  • Achieved a favorable jury verdict in a negligence and contract dispute involving a failure ‎to deliver irrigation water that caused crop losses.‎
  • Advised a private water company in a sale to a large utility company, including ‎conducting a water rights due diligence analysis, integrating findings into the purchase ‎and sale agreement, and providing continued advice on water right compliance.‎
  • 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.

Education

  • University of Oregon, Bachelor of Arts degree, Political Science, cum ‎laude (2013)
  • University of Montana, School of Law, Juris Doctor degree and certificate in Natural ‎Resources and Environmental Law (2016)‎

Admissions

  • Montana State Courts
  • Oregon State Courts
  • Washington State Courts
  • U.S. District Court - District of Montana
  • U.S. District Court - District of Oregon

Memberships

  • Oregon State Bar, Environmental & Natural Resources Law Section, Member
  • Montana State Bar, Water Law Section, Member

Awards

  • American Bar Association (ABA) National Negotiation Competition, semi-finalist (2016), competitor (2015‎)
  • ABA Regional Negotiation Competition, champion (2014, 2015‎)
  • University of Oregon Libraries’ Undergraduate Thesis Research Award (2014)

Additional Publications

Brooks v. Byler, ENR Case Notes, Vol. 40, Oregon State Bar Environmental & Natural Resources Law Section, July 2020

Contributing Author, Water Resources Chapter, “Environment, Energy and Resources Law—The Year in Review,” American Bar Association Section of Environment, Energy and Resources, 2016 and 2018

“Public Water District Bylaws: Untangling the Rules,” Water Gram, Idaho Rural Water Association, December 2018

“Waters of the United States: Churning with No Certainty Yet,” Water Gram, Idaho Rural Water Association, June 2018

National Wildlife Foundation v. National Marine Fisheries Service, ENR Case Notes, Vol. 29, Oregon State Bar Environmental & Natural Resources Law Section, April 2017

 

Additional Events

Oregon Water Use Management and Water User Tools in Drought Conditions, Oregon State Bar Sustainable Future Section CLE, April 22, 2022

Speaker, “Public Meetings Laws & Procedures,” Oregon Association of Water Utilities, Seaside and Sunriver, Oregon, August 2017 and March 2018

Community Activities

  • Columbia Land Trust Board Member (2022-present)
  • Oregon State Bar Environmental & Natural Resources Section, Executive Committee (2022–present)
  • Women in Environment Board Member (2019-2022)
  • Women in Environment Portland Mentoring Committee Chair (2019-2022); member (2018-present)

Outside Interests

Running, hiking, and backcountry skiing in the mountains of Oregon and Montana.

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