Patrick G. Rowe

Partner, Real Estate and Environmental Law Focus

1000 SW Broadway, Suite 1400
Portland, Oregon 97205

503.227.1111 Main
503.243.1651 Direct

Assistant: Jennifer M. Langlois: 503.243.1661 x 254

Practice Areas
Overview

Patrick focuses on environmental, real estate and land use law.  He has extensive experience in real property transactions involving environmentally challenged properties, including wetlands and flood plains and contamination from past uses.  He advises clients regarding numerous real estate matters, including negotiation of purchase and sale agreements, commercial leases and compliance with land use requirements.  He represents clients in court and with federal and state regulatory agencies, from permitting matters to contested case hearings.

Representative Work - Transactions

Property Acquisition
Patrick represents a major package shipping company that made one of the largest Brownfield acquisitions in Oregon history. Patrick advised the client with respect to establishing and retaining non-liable status, drafted and negotiated related contracts (Purchase and Sale Agreement, retention of general contractor), and provided counsel regarding related wetlands and tax abatement issues. Patrick continues to advise this client regarding expansion of its facility and in negotiations for the purchase and development of other properties around the Northwest.

Water Quality Permitting
Has assisted numerous clients in obtaining and complying with water quality permits (e.g. NPDES stormwater permits, Clean Water Act Section 404 and state fill permits).  Patrick's private practice experience, coupled with his past work as in-house counsel with the Water Quality Division of a major state environmental agency makes him uniquely situated to assist in finding solutions to property rights and regulatory problems related to water quality.  

Governmental Foreclosure
Represents a County government that acquired a large contaminated property via tax foreclosure, providing counsel regarding liability protection and remediation.

Property Acquisition
Represents a nationwide developer in its purchase and lease of large commercial property with legacy groundwater and soil contamination.

Built to Suit Lease
Represented large national company in negotiations regarding build to suit development and lease of a commercial facility near Tacoma, Washington.

Property Development
Currently advising developer of prime property on Oregon coast regarding development of commercial property that contains wetlands and is in a flood plain, providing counsel regarding land use and dredge and fill permitting, among other matters.  Responsible for coordination with local zoning authorities and oversight of environmental consultants

Food Safety
Provided counsel to a bottled water company regarding labeling requirements.
Advised major produce grower responding to FDA investigation of its Packing and Processing facilities.

Insurance Coverage
Has successfully obtained insurance coverage for numerous clients involved in environmental disputes.

Water Rights
Has advised numerous clients regarding water rights issues, including representation of an Eastern Oregon property owner involved in an Oregon Department of Water Resources administrative adjudication brought by a neighbor seeking to terminate the client's water rights based on the alleged non-use by a prior owner.

Land Use
Patrick advises parties that own or are developing commercial properties regarding compliance with land use requirements and working with land use authorities.

Representative Work - Litigation

Environmental
Represented an international paper products company in a claim for contribution brought under CERCLA at the Kalamazoo River Superfund Site. Obtained a favorable settlement and early exit from the litigation.

Business
Represented an entity being sued by a former member for, among other items, wrongful expulsion from the LLC, breach of contract and unjust enrichment.  Plaintiff sought in excess of $6 million in damages. After a week-long arbitration before a panel of three arbitrators, Patrick obtained a complete defense decision, and a six figure award on counterclaims brought on behalf of his client.

Environmental
Represented Oregon-based trucking company in environmental lawsuit against a national financial institution; successfully recovered remedial action costs incurred.

Real Property/Environmental
Represents developer of large commercial property on key Oregon waterway with legacy contamination from past paper mill operations. Patrick has advised the client regarding the development and sale of parcels of the property and successfully negotiated with the past owners/operators to recover remedial action costs incurred.

Grazing Lease
Represented owner of large eastern Oregon property in jury trial involving dispute over grazing lease.

Citizens Suit Defense
Represented a landfill operator in the defense of a citizen suit action based on the Clean Water Act and RCRA, resulting in settlement of the action on favorable terms and financed with insurance funds.

Patrick has represented multiple parties defending citizen lawsuits alleging violations of Clean Water Act NPDES stormwater permits.

Regulatory Enforcement Defense
Patrick has represented numerous clients defending enforcement actions brought by EPA and the Oregon DEQ, including an international seafood company contending with alleged Clean Air Act violations and an Oregon based trucking company defending allegations of Clean Water Act violations due to a tanker truck spill.

Education
B.A., Journalism, University of Wisconsin
J.D., Arizona State University
Admitted to Practice
Arizona State Bar
      Arizona State Court of Appeals
      Arizona State Supreme Court
      U.S. District Court, Arizona
Oregon State Bar
      Oregon State Court of Appeals
      U.S. District Court, Oregon
Washington State Bar
Professional Organizations
Arizona State Bar
Columbia Corridor Association Board of Directors, Member
Northwest Environmental Business Council (NEBC)
Oregon Association of Defense Counsel, Publications Liaison (2014)
Oregon Association of Defense Counsel, Commercial Law Group Vice-Chair (2016, 2017)
Oregon State Bar
      Environmental & Natural Resources Section
      Litigation Section
      Real Estate and Land Use Section
Washington State Bar
      Environmental and Land Use Section
Member, NAIOP Public Affairs Committee

Professional Activities
Oregon State Bar, Environmental & Natural Resources Section, Chair, 2015
Oregon State Bar, Environmental and Natural Resources Section, Executive Committee, Treasurer, 2013
Oregon State Bar, Environmental and Natural Resources Section, Executive Committee, Secretary 2012
Oregon State Bar, Executive Committee Environmental & Natural Resources Section, 2009 - Present 
Oregon State Bar, Environmental and Natural Resources Section E-Outlook Editor, 2009 - 2011
Civic Organizations
Portland Food Project Neighborhood Coordinator (2013 – present)
Board of Directors, Friends of Tryon Creek State Park (2010-2012)
Lake Oswego Sustainability Advisory Board (2009)
Articles
Speaking Engagements
  • Speaker: Oregon State Bar Environmental & Natural Resource Section Annual CLE, Analyzing recent CERCLA law and regulatory developments (October 2016)
  • Speaker: Superfund In Oregon: Contractual Tools for Mitigating & Allocating Environmental Risk (October 2016)
  • Speaker: Oregon Brownfields Conference - "Tools for Mitigating and Managing Environmental Risk" (2016)
  • Environmental Aspects of Property Transactions (2015)
  • Environmental Transactions 101 (2015)
  • Professional Redevelopment Advisor (2015)
  • "Important Developments in Environmental Law" Webinar (2015)
  • Northwest Environmental Conference, Third-Party Challenges to Compliance & Permits (December 2014)
  • Speaker:  Oregon State Bar Government Law Section CLE – Local Government Foreclosure and Redevelopment of Brownfield Properties (February 2014)
  • Speaker: Northwest Environmental Conference, Analysis of Clean Water Act Citizen Suits (December 2013)
  • Speaker:  Oregon State Bar Environmental & Natural Resource Section Annual CLE, Analyzing recent Clean Water Act case law and regulatory developments (October 2013)
  • Speaker: The State of Brownfields Redevelopment in Oregon (May 2013)  
  • Moderator:  Panel discussion re: Energy Efficiency Opportunities for Ag Producers, Harvesting Clean Energy Conference (Corvallis, January 2013)
  • Speaker:  Brownfields & Financially Distressed Owners, Northwest Environmental Business Council Oregon Brownfields Conference (2012)
  • Speaker:  Determining the Financial Liability of a Contaminated Property, NEBC Business & The Environment Conference ( November 2011)
  • Moderator:  Panel discussion re: Alternative On-Site Energy Sources, NEBC Business & The Environment Conference (November 2011)
  • Speaker:  Inland Northwest Brownfields Conference - Liabilities Associated with Contaminated Properties (Spokane, May 2011)
  • Speaker:  Oil and Hazardous Waste and analysis of CERCLA case law developments:  Oregon State Bar Environmental & Natural Resources Section Annual CLE (October 2010, October 2011)
  • Moderator: Liability associated with contaminated properties, Oregon Brownfields Conference (April 2010)
  • Speaker: Greenhouse Gas Reporting Rules Analysis (January 2009)
  • 1642
    Practice Areas
    Education
    B.A., Journalism, University of Wisconsin
    J.D., Arizona State University
    Admitted to Practice
    Arizona State Bar
          Arizona State Court of Appeals
          Arizona State Supreme Court
          U.S. District Court, Arizona
    Oregon State Bar
          Oregon State Court of Appeals
          U.S. District Court, Oregon
    Washington State Bar

    Patrick G. Rowe

    Partner, Real Estate and Environmental Law Focus


    1000 SW Broadway, Suite 1400
    Portland, Oregon 97205

    503.227.1111 Main
    503.243.1651 Direct

    Assistant: Jennifer M. Langlois: 503.243.1661 x 254
    download vCard printer friendly version

    Patrick focuses on environmental, real estate and land use law.  He has extensive experience in real property transactions involving environmentally challenged properties, including wetlands and flood plains and contamination from past uses.  He advises clients regarding numerous real estate matters, including negotiation of purchase and sale agreements, commercial leases and compliance with land use requirements.  He represents clients in court and with federal and state regulatory agencies, from permitting matters to contested case hearings.

    Representative Work - Transactions

    Property Acquisition
    Patrick represents a major package shipping company that made one of the largest Brownfield acquisitions in Oregon history. Patrick advised the client with respect to establishing and retaining non-liable status, drafted and negotiated related contracts (Purchase and Sale Agreement, retention of general contractor), and provided counsel regarding related wetlands and tax abatement issues. Patrick continues to advise this client regarding expansion of its facility and in negotiations for the purchase and development of other properties around the Northwest.

    Water Quality Permitting
    Has assisted numerous clients in obtaining and complying with water quality permits (e.g. NPDES stormwater permits, Clean Water Act Section 404 and state fill permits).  Patrick's private practice experience, coupled with his past work as in-house counsel with the Water Quality Division of a major state environmental agency makes him uniquely situated to assist in finding solutions to property rights and regulatory problems related to water quality.  

    Governmental Foreclosure
    Represents a County government that acquired a large contaminated property via tax foreclosure, providing counsel regarding liability protection and remediation.

    Property Acquisition
    Represents a nationwide developer in its purchase and lease of large commercial property with legacy groundwater and soil contamination.

    Built to Suit Lease
    Represented large national company in negotiations regarding build to suit development and lease of a commercial facility near Tacoma, Washington.

    Property Development
    Currently advising developer of prime property on Oregon coast regarding development of commercial property that contains wetlands and is in a flood plain, providing counsel regarding land use and dredge and fill permitting, among other matters.  Responsible for coordination with local zoning authorities and oversight of environmental consultants

    Food Safety
    Provided counsel to a bottled water company regarding labeling requirements.
    Advised major produce grower responding to FDA investigation of its Packing and Processing facilities.

    Insurance Coverage
    Has successfully obtained insurance coverage for numerous clients involved in environmental disputes.

    Water Rights
    Has advised numerous clients regarding water rights issues, including representation of an Eastern Oregon property owner involved in an Oregon Department of Water Resources administrative adjudication brought by a neighbor seeking to terminate the client's water rights based on the alleged non-use by a prior owner.

    Land Use
    Patrick advises parties that own or are developing commercial properties regarding compliance with land use requirements and working with land use authorities.

    Representative Work - Litigation

    Environmental
    Represented an international paper products company in a claim for contribution brought under CERCLA at the Kalamazoo River Superfund Site. Obtained a favorable settlement and early exit from the litigation.

    Business
    Represented an entity being sued by a former member for, among other items, wrongful expulsion from the LLC, breach of contract and unjust enrichment.  Plaintiff sought in excess of $6 million in damages. After a week-long arbitration before a panel of three arbitrators, Patrick obtained a complete defense decision, and a six figure award on counterclaims brought on behalf of his client.

    Environmental
    Represented Oregon-based trucking company in environmental lawsuit against a national financial institution; successfully recovered remedial action costs incurred.

    Real Property/Environmental
    Represents developer of large commercial property on key Oregon waterway with legacy contamination from past paper mill operations. Patrick has advised the client regarding the development and sale of parcels of the property and successfully negotiated with the past owners/operators to recover remedial action costs incurred.

    Grazing Lease
    Represented owner of large eastern Oregon property in jury trial involving dispute over grazing lease.

    Citizens Suit Defense
    Represented a landfill operator in the defense of a citizen suit action based on the Clean Water Act and RCRA, resulting in settlement of the action on favorable terms and financed with insurance funds.

    Patrick has represented multiple parties defending citizen lawsuits alleging violations of Clean Water Act NPDES stormwater permits.

    Regulatory Enforcement Defense
    Patrick has represented numerous clients defending enforcement actions brought by EPA and the Oregon DEQ, including an international seafood company contending with alleged Clean Air Act violations and an Oregon based trucking company defending allegations of Clean Water Act violations due to a tanker truck spill.

    Speaking Engagements
  • Speaker: Oregon State Bar Environmental & Natural Resource Section Annual CLE, Analyzing recent CERCLA law and regulatory developments (October 2016)
  • Speaker: Superfund In Oregon: Contractual Tools for Mitigating & Allocating Environmental Risk (October 2016)
  • Speaker: Oregon Brownfields Conference - "Tools for Mitigating and Managing Environmental Risk" (2016)
  • Environmental Aspects of Property Transactions (2015)
  • Environmental Transactions 101 (2015)
  • Professional Redevelopment Advisor (2015)
  • "Important Developments in Environmental Law" Webinar (2015)
  • Northwest Environmental Conference, Third-Party Challenges to Compliance & Permits (December 2014)
  • Speaker:  Oregon State Bar Government Law Section CLE – Local Government Foreclosure and Redevelopment of Brownfield Properties (February 2014)
  • Speaker: Northwest Environmental Conference, Analysis of Clean Water Act Citizen Suits (December 2013)
  • Speaker:  Oregon State Bar Environmental & Natural Resource Section Annual CLE, Analyzing recent Clean Water Act case law and regulatory developments (October 2013)
  • Speaker: The State of Brownfields Redevelopment in Oregon (May 2013)  
  • Moderator:  Panel discussion re: Energy Efficiency Opportunities for Ag Producers, Harvesting Clean Energy Conference (Corvallis, January 2013)
  • Speaker:  Brownfields & Financially Distressed Owners, Northwest Environmental Business Council Oregon Brownfields Conference (2012)
  • Speaker:  Determining the Financial Liability of a Contaminated Property, NEBC Business & The Environment Conference ( November 2011)
  • Moderator:  Panel discussion re: Alternative On-Site Energy Sources, NEBC Business & The Environment Conference (November 2011)
  • Speaker:  Inland Northwest Brownfields Conference - Liabilities Associated with Contaminated Properties (Spokane, May 2011)
  • Speaker:  Oil and Hazardous Waste and analysis of CERCLA case law developments:  Oregon State Bar Environmental & Natural Resources Section Annual CLE (October 2010, October 2011)
  • Moderator: Liability associated with contaminated properties, Oregon Brownfields Conference (April 2010)
  • Speaker: Greenhouse Gas Reporting Rules Analysis (January 2009)
  • Professional Organizations
    Arizona State Bar
    Columbia Corridor Association Board of Directors, Member
    Northwest Environmental Business Council (NEBC)
    Oregon Association of Defense Counsel, Publications Liaison (2014)
    Oregon Association of Defense Counsel, Commercial Law Group Vice-Chair (2016, 2017)
    Oregon State Bar
          Environmental & Natural Resources Section
          Litigation Section
          Real Estate and Land Use Section
    Washington State Bar
          Environmental and Land Use Section
    Member, NAIOP Public Affairs Committee

    Civic Organizations
    Portland Food Project Neighborhood Coordinator (2013 – present)
    Board of Directors, Friends of Tryon Creek State Park (2010-2012)
    Lake Oswego Sustainability Advisory Board (2009)
    Professional Activities
    Oregon State Bar, Environmental & Natural Resources Section, Chair, 2015
    Oregon State Bar, Environmental and Natural Resources Section, Executive Committee, Treasurer, 2013
    Oregon State Bar, Environmental and Natural Resources Section, Executive Committee, Secretary 2012
    Oregon State Bar, Executive Committee Environmental & Natural Resources Section, 2009 - Present 
    Oregon State Bar, Environmental and Natural Resources Section E-Outlook Editor, 2009 - 2011