Overview

Sarah Stauffer Curtiss helps clients navigate complex permitting processes, understand and comply with environmental and land use laws, and develop creative compliance solutions that enhance business opportunities. With a focus on energy and infrastructure project development and operation, her federal environmental expertise covers a myriad of environmental laws, with an emphasis on protected species issues under the Endangered Species Act (ESA), the Bald and Golden Eagle Protection Act (BGEPA), and the Migratory Bird Treaty Act (MBTA), as well as federal environmental review issues under the National Environmental Policy Act (NEPA).

Sarah specializes in permitting complex projects on farm- and forest-zoned lands. Sarah represents energy and utility clients on siting and compliance matters related to project development, expansion, and amendment through the Oregon Energy Facility Siting Council (EFSC). She also represents clients on local land use matters and has worked with city and county planning departments throughout Oregon.  She regularly represents clients before local governing bodies and the Oregon Land Use Board of Appeals. 

Licensed to practice in Oregon and Washington, Sarah is a former Chair of the Real Estate and Land Use Section of the Oregon State Bar. She prides herself in helping clients develop innovative solutions to problems and on working collaboratively with clients, consultants, and agency staff.

Education

Lewis & Clark College Law School, J.D., 2007, cum laude; Associate Editor, Environmental Law, 2006-2007; Certificate in Environmental and Natural Resources Law

University of Chicago, M.A. Humanities, 2001

Pacific Lutheran University, B.A. History, 2000, magna cum laude

Admissions

Oregon

Washington

United States District Court for the District of Oregon

United States U.S. Court of Appeals for the Ninth Circuit

Experience

State Energy Facility Siting

Regularly represents energy and utility clients on permitting and compliance matters related to project development and expansion through the Oregon Energy Facility Siting Council.

  • Currently representing client on application for site certificate for new transmission line.
  • Secured site certificate for two solar energy facilities, including the first solar facility permitted through the Oregon EFSC.
  • Currently representing multiple renewable energy operators and developers on applications for site certificates or amendments to site certificates including 1700 MW of solar and 400 MW of wind.
  • Obtained site certificate amendments for modifications to four existing wind projects to facilitate repowering.
  • Secured site certificate amendments to add solar and battery storage to permitted wind facilities.
  • Represented multiple wind energy developers and operators on site certificate transfers and facility bifurcations.
  • Represented applicant on a proposed 650 MW natural gas-fired power plant, including a multi-year contested case proceeding, an application that was later withdrawn due to market conditions.
  • Assisted on all aspects of preparation of application for site certificate for two 500 MW wind facilities, both of which were later withdrawn due to market conditions.

Local Land Use

Counsels clients throughout Oregon on local development code provisions that apply to their properties and represents property owners in connection with development applications, including post-acknowledgment comprehensive plan amendments, zone changes, subdivisions, partitions, property line adjustments, conditional use permits, adjustments, variances, site plan reviews, historic resource reviews, design reviews, and environmental reviews.

  • Obtained conditional use permit and Statewide Planning Goal 4 exception from Klamath County for a solar and battery energy storage project located on forest-zoned land.
  • Secured conditional use approval from Deschutes County for community center on farm-zoned land.
  • Obtained comprehensive plan amendment and conditional use permits from Morrow and Umatilla Counties for aggregate facilities on farm-zoned land.
  • Successfully appealed Clackamas County’s initial denial of an application for a winery under ORS 215.452.
  • Secured multiple site design and development review approvals for wineries and ancillary tasting rooms in the Willamette Valley.

Federal Environmental Permitting and Compliance

Represents clients across the country on Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA) and Bald and Golden Eagle Protection Act (BGEPA) compliance issues, including advising on the risk of enforcement and/or prosecution; assisting with the development of conservation plans and strategies; helping clients navigate the incidental take permitting process; and advising on related National Environmental Policy Act (NEPA) issues.

  • Advises clients on BGEPA permitting and compliance strategies, including the development of eagle conservation plans to support the issuance of eagle incidental take permits. Currently assisting energy and utility clients with eagle incidental take permit applications in USFWS Regions 1, 2, 3, 6, and 8.
  • Advises clients on ESA compliance strategies, including the development of voluntary habitat conservation plans (HCP), safe harbor agreements, and candidate conservation agreements. Currently assisting clients with incidental take permit applications in USFWS Regions 1, 3, and 8.
  • Represents landowners and project operators on protected species investigation and enforcement matters involving the U.S. Fish and Wildlife Service’s (USFWS) Office of Law Enforcement.
  • Counsels on MBTA liability and related compliance issues (e.g., nest removal).
  • Secured eagle incidental take permits in USFWS Regions 1, 2, and 3.
  • Secured Bureau of Land Management right-of-way grants for transmission line and access road to accommodate solar facility on private land.
  • Secured a special use permit (SF 299) from the U.S. Forest Service for a hydropower facility on National Forest System Lands.

Insights

Insights & Presentations

  • Presenter, “Endangered Species Act at 50 Years,” Pacific Northwest Timberlands Management, The Seminar Group, March 2024
  • “Oregon Court of Appeals Says City Not Precluded from Rejecting Redevelopment Application” (co-author), Oregon Real Estate and Land Use Digest, July 2022
  • Presenter, “Renewable Energy Development,” Pacific Northwest Timberlands Management, The Seminar Group, March 2022
  • “Tribal Laws and Land Issues” (co-author), Chapter 10, The Law of Solar: A Guide to Business and Legal Issues, Stoel Rives LLP, Sixth Edition, 2022
  • “Siting and Permitting Wind Projects” (co-author), Chapter 3, The Law of Wind: A Guide to Business and Legal Issues, Stoel Rives LLP, Ninth Edition, 2022
  • “Tribal Laws and Land Issues” (co-author), Chapter 6, The Law of Wind: A Guide to Business and Legal Issues, Stoel Rives LLP, Ninth Edition, 2022
  • “Navigating Oregon’s land use system requires awareness, vigilance, and flexibility,” Portland Business Journal, September 2021
  • Presenter, “Habitat Conservation Plans in Oregon, 23rd Annual Oregon Land Use Law Seminar, December 2019
  • Presenter, “Bald and Golden Eagle Act Prohibitions and Permits, Rocky Mountain Mineral Law Foundation: Endangered Species and Other Wildlife, November 2019.
  • Presenter, “Land Use 101 for Real Estate Lawyers,” OSB Real Estate and Land Use Section Annual Conference, August 2019
  • Presenter and Panelist, “The Anatomy of a Wind Farm: Decommissioning,” American Wind Energy Association Wind Project Siting and Environmental Compliance Conference, April 2019
  • Presenter, “Issue Spotting for Higher Ed Institutions: Campus Planning & Development,” Stoel Rives seminar, April 2019
  • Presenter, “Solar Energy and Agricultural Lands,” 22nd Annual Oregon Land Use Law Seminar, December 2018
  • Presenter and Panelist, “Critical Critters: Creating Conditions for Success,” Society of American Foresters National Convention, October 2018
  • Presenter, “Migratory Bird Treaty Act and Incidental Take, What Now?,” Northwest Public Power Association Environmental Task Force, April 2018
  • Presenter, “Enforcement Actions under MBTA and BGEPA: Civil Settlement Agreements to Resolve Past Eagle Take,” MBTA & BGEPA Conference, December 2017
  • Presenter and Panelist, “Using Innovative Solutions to Tailor Protected Species Compliance Strategies,” American Wind Energy Association Wind Project Siting & Environmental Compliance Conference, March 2017
  • Presenter, “New Year, New Eagle Rule: What It Means for Project Developers and Operators,” Stoel Rives webinar, January 2017
  • Presenter, “Floodplain Regulation in Flux: Biological Opinion on the National Flood Insurance Program in Oregon,” Oregon APA Chapter Legal Issues Workshop, December 2016
  • Presenter and Panelist, “BGEPA Permit Program,” Avian Species: Eagles and Migratory Birds Conference, November 2016
  • “Mining on 10 Million Acres in Six States Impacted by BLM’s Proposed Withdrawal to Protect Sage-Grouse Habitat” (co-author), ABA Mining and Mineral Extraction Committee Newsletter, September 2016
  • Presenter, “Environmental Law Update” Rocky Mountain Mineral Law Foundation: 62nd Annual Institute, July 2016
  • Panelist, “Special Rules Under Section 4(d)—Conservation or Compromise?” Rocky Mountain Mineral Law Foundation Special Institute on the Endangered Species Act, November 2015
  • “A Necessary Tool for Conservation: The Case for Section 4(d) of the Endangered Species Act” Endangered Species Act: Current and Emerging Issues Affecting Resource Development, Paper 7C (Rock Mt. Min. L. Fdn. 2015)
  • Presenter and Panelist, “Legal Developments in Wildlife Protection: Eagles and Migratory Birds,” American Wind Energy Association Siting Seminar, March 2015

Podcasts

Recognition

  • Selected as one of “America’s Leading Lawyers for Business” (Oregon) by Chambers USA (Real Estate: Zoning/Land Use), 2022–present
  • Included in The Best Lawyers in America® (Land Use and Zoning Law), 2022–present
  • Named to Daily Journal of Commerce’s Women of Vision, 2024
  • Listed among Rising Stars (Land Use/Zoning), Oregon Super Lawyers®, 2013–2017
  • Selected by the Portland Business Journal as a Forty Under 40 honoree, 2016

Affiliations

Professional

  • Real Estate and Land Use Section Executive Committee, Oregon State Bar (2013-2022)
  • Luncheon Committee, Real Estate and Land Use Section, Oregon State Bar, Member (2013-present)

Civic

  • “I Have A Dream” Foundation—Oregon, former Board Member

  • As noted by land use and zoning clients, “Sarah is one of the best attorneys I have had the pleasure to work with. She consistently delivers the highest quality service and products within tight project timelines.”

  • “Sarah is an outstanding legal resource for our permitting teams.”

    Chambers USA
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