Utility-Scale Energy Facility Permitting and Permit Defense
Ariel helps energy facility developers obtain and defend site certificates and other project approvals, from initial scoping to final permit to administrative and judicial appeals. Ariel has significant experience permitting wind, solar, and battery storage (BESS) facilities before the Oregon Energy Facility Siting Council (EFSC) and Washington Energy Facility Site Evaluation Council (EFSEC) and local land use jurisdictions in Oregon and Washington. She offers proactive and pragmatic approaches to managing complex permitting timelines and engagement with regulators, consultants, and other project stakeholders throughout permitting and appeal processes.
Among other regulatory frameworks, she assists clients in navigating issues involving Oregon’s Statewide Planning Goals (including Goals 3 and 4 protecting farm and forest land), Washington’s Growth Management Act, the Washington State Environmental Policy Act (SEPA) review, and state wildlife, visual, and other resource protections.
Representative matters include:
- Obtained Oregon EFSC site certificate for state’s largest solar and BESS facility, including first-of-its-kind mitigation proposal to address impacts to agricultural economy.
- Obtained Washington EFSEC site certificate for 1,000+ MW hybrid (wind, solar, BESS) energy facility despite local project opposition, assisting in all aspects of permitting, from SEPA review to adjudication hearings.
- Successfully defended Oregon EFSC site certificate for 600 MW hybrid (wind, solar, BESS) project in appeal before Oregon Supreme Court.
- Obtained precedential Oregon Statewide Planning Goal 4 exception and conditional use permit for development of hybrid solar and BESS project on forestlands.
- Obtained Washington EFSEC site certificate for solar project utilizing Council’s expedited application and permitting process.
- Currently representing developers in numerous utility-scale, hybrid renewable energy projects in Oregon and Washington.
Environmental and Natural Resource Litigation
Ariel also represents a diverse client base in environmental, natural resource, and energy subject matter in all stages of administrative, state, and federal litigation.
Representative matters include:
- Represented association of local governments seeking to uphold land management requirements under the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act of 1937 before D.C. Circuit and U.S. Supreme Court.
- Successfully recovered petroleum remediation costs on behalf of property owner in case involving liability issue of first impression under Oregon cleanup law.
- Successfully appealed Occupational Safety and Health Administration citation against tribal health following an administrative trial.
- Prevailed in pro bono representation of asylum seekers in federal immigration proceedings and of Native American tribal members in case involving artifact repatriation case before the Alaska Supreme Court.
State and Federal Regulatory Counseling, Due Diligence, and Enforcement Defense
Ariel’s practice also includes regulatory compliance counseling, risk assessment, and enforcement defense under various federal environmental laws including the Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and analogous state laws.
