Michael R. Campbell

Experience

Michael Campbell is a partner practicing in the Environment, Land Use and Natural Resources group. His practice emphasizes water quality regulation and permitting. He represents industrial, utility, municipal, port, and other clients on a variety of water quality matters, including wastewater and stormwater discharge permits, federal and state fill permits, section 401 certifications and the development of water quality standards and regulations.

Representative Work

Wastewater and Stormwater Discharge Permits

Michael has represented industrial and other clients on a wide range of wastewater and stormwater discharge permit matters, including negotiating permit terms, defending and challenging agency permit decisions, providing compliance advice, and defending against agency and citizen enforcement actions. These matters have included those involving both direct discharges to surface and groundwaters, as well as discharges to municipal sewage treatment works. A representative selection of matters includes:

• Negotiating the terms of complex National Pollutant Discharge Elimination System (NPDES) permits for industrial and municipal facilities, including pulp and paper mills, wood products facilities, steel mills, nonferrous metals manufacturing facilities, publicly owned treatment works and municipal stormwater systems.
• Defending judicial challenges by nongovernmental organizations to mixing zone and other provisions of NPDES permits issued to a pulp and paper mill and a nonferrous metal manufacturing facility in Oregon.
• Challenging the terms of NPDES permits issued to pulp and paper mills before the Oregon Environmental Quality Commission and EPA's Environmental Appeals Board.
• Negotiating settlements of agency administrative enforcement actions against a wide variety of facilities, such as offshore oil wells, wood preserving facilities, construction sites, and metals manufacturing facilities.
• Defending citizen suits involving claims such as alleged violations of NPDES permit terms and alleged failures to obtain NPDES permits, section 404 fill permits, and section 401 water quality certifications.

Development of General NPDES Permits, Water Quality Standards, and Other Water Quality Regulations

Michael has represented industrial and utility clients in developing, commenting on, negotiating, and defending general NPDES permits, water quality standards, and other water quality regulations and guidance in the Pacific Northwest. Recent matters include:

• Oregon water quality criteria and implementing regulations for toxic pollutants
• Washington guidance for section 401 certifications of hydroelectric facilities
• Oregon general industrial stormwater permits
• Oregon regulations on including compliance schedules for water quality-based effluent limits in NPDES permits
• Oregon section 401 certification regulations
• Oregon water quality standards revisions, including use designations for salmonids, water quality criteria for temperature, and antidegradation policy provisions
• Washington water quality standards revisions, including temperature, total dissolved gas, and stream restoration provisions
• EPA Region 10 Regional Temperature Criteria Guidance

Section 401 Certifications for the Relicensing of Federally Licensed Hydroelectric Facilities

Much of Michael's practice is devoted to helping hydroelectric facilities obtain section 401 certifications in conjunction with the relicensing of the facilities by the Federal Energy Regulatory Commission (FERC). This includes strategic advice regarding information needs, negotiating information demands by certifying agencies, negotiating certification conditions, and addressing related matters, such as total maximum daily load (TMDL) allocations, water quality criteria revisions and variances, and "other appropriate requirements of state law." In relicensing proceedings involving a negotiated settlement, this work includes negotiating settlement terms to integrate the certification into the broader settlement agreement. Recent representative certifications, including pending certifications, include:

• Certification of a multi-facility hydroelectric project in Oregon as part of a negotiated FERC relicensing proceeding
• Certification of the interim operation and ultimate removal of a hydroelectric facility in Oregon as part of a negotiated FERC relicensing proceeding
• Certification of a multi-facility hydroelectric project in Washington as part of a negotiated FERC relicensing proceeding
• Certification of the proposed removal of a hydroelectric facility in Washington pursuant to a negotiated settlement
• Certification of a multi-facility hydroelectric project in Oregon
• Pending certification of a multi-facility, multi-state hydroelectric project in the Pacific Northwest

Professional Honors & Activities

• Selected by Best Lawyers® as Portland Water Law Lawyer of the Year, 2011 
• Listed in Best Lawyers in America® (currently: Environmental Law, Water Law), 2007, 2009-2013
• Selected as one of "America's Leading Lawyers for Business" (Oregon) by Chambers USA (currently: Environment), 2006-2012

Presentations

• Michael is a frequent speaker on environmental issues at legal and business seminars
• "Integrated Toxics Reduction Strategies in Oregon and/or Washington," Northwest Environmental Conference, Portland, Oregon, Dec. 6-7, 2010
• "Revisions to Oregon's Human Health Criteria," National Council for Air and Stream Improvement West Coast Regional Meeting, Vancouver, Washington, Sept. 29, 2010

Publications

• "Marine and Hydrokinetic Energy Lease Agreements," The Law of Marine and Hydrokinetic Energy: A Guide to Business and Legal Issues, Stoel Rives LLP, Vol 4, 2011 (formerly The Law of Ocean and Tidal Energy.)
• ABA, Natural Resources & Environment, "Achieving a Successful Storm Water Permit Program in Oregon," Vol. 21, nos. 4, 39, 2007
• Environmental and Natural Resources Law, chapter 5, "Clean Water," Oregon State Bar, 2002 & 2006 Supp.
• Oregon Administrative Law, chapter 8, "Judicial Review," Oregon State Bar, 2001 & 2005 Supp.
• "The Continuing Evolution of the Clean Water Act and Its Implications for Natural Resource Development," (coauthor), 43 Rocky Mtn. Min. L. Inst. 8-1, 1997
• "Aesthetics, Design Review, and Historic Preservation," Land Use, Oregon State Bar, 1994 & 2000 Supp.

Education

• Reed College, B.A., Division of History and the Social Sciences, 1981
  Phi Beta Kappa
• University of Washington School of Law, J.D., 1986 with honors
  Order of the Coif
  Articles Editor, Washington Law Review

Admissions

• Oregon
• U.S. District Court, District of Oregon

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