Photo of Diane Meyers

Diane is a partner with over a decade of commercial litigation experience. She has particular expertise in insurance coverage and environmental and natural resources matters. In addition to significant experience in a variety of complex commercial matters, Diane handles numerous environmental litigation and claims involving hazardous site investigations, cleanups, cost recovery, natural resource damages, including sites in Washington and Idaho on behalf of petroleum companies, refineries, distributors, and landowners in MTCA and CERCLA actions. Diane's clients come from a variety of industries and include ports and municipal agencies, petroleum and chemical companies, public transit authorities, and national and community banking institutions.

fisher_headerOn April 14, 2016, the U.S. Fish and Wildlife Service (USFWS) announced that it would not list the Pacific Fisher under the Endangered Species Act. The fisher (Pekania pennant) is presently found in Southern Oregon, Northern California, and the Southern Sierra Nevada Mountains, although historically, the species ranged the northern forests of Canada and the United States, as well as forests in the Appalachian, Rocky, and Pacific Coast Mountains. The fisher’s range was reduced in the 1800s and early 1900s through over-trapping for pelts, the poisonous impacts of predator and pest control, and alterations of forested habitats caused by logging, fire, urbanization, and farming. Only two naturally occurring fisher populations survive—one in the southern Sierra and another in Northern California—although the fisher has been reintroduced in the Olympic Natural Park, the Cascade Range, and private timberland in the northern Sierras. Reports from the studies of the fisher reintroduction on the Olympic Peninsula are positive.
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Late last week, the Oregon Department of State Lands denied the State of Wyoming’s request to challenge the Department’s denial of Ambre Energy’s application for a removal-fill permit. (We were following this case at the end of August.) The Department said that Wyoming lacked standing because it had not shown how it would

This week has been a week of catching up, so some of this may be old news to you, but maybe you have a tall stack of things you aspire to read someday and you’ll have some sympathy…

St. Mary’s Cement Inc. Against the EPA
Out of the Sixth Circuit, by way of Michigan, a

Ruling from the bench on Friday, Judge H. Russel Holland dismissed Pebble Limited Partnership’s claims that the EPA overstepped its authority in initiating proceedings under Section 404(c) of the Clean Water Act. (The written opinion is here.) EPA advised Pebble Partnership by letter in February 2014 that it was beginning the process under 404(c)