People > Attorney > Jeanette Schuster
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Overview
Jeanette is a highly organized and practical solutions-driven attorney with extensive commercial, transactional, and regulatory experience. Jeanette's experience includes drafting, analyzing, and negotiating a broad range of commercial contracts, including professional service agreements, transportation agreements, settlement agreements, and non-disclosure agreements, as well as negotiating agreements with federal and state government agencies. She regularly conducts due diligence for commercial and real estate transactions.
Jeanette is chair of the firm's Environmental & Natural Resources Practice Group. As part of that team, she advises clients on compliance with complex regulatory requirements under federal, state, and local environmental statutes and regulations — with an emphasis on the Clean Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Resource Conservation and Recovery Act (RCRA) — in the context of buying and selling contaminated property, regulatory agency enforcement defense, and contaminated site investigation and cleanup (including the Portland Harbor Superfund Site).
Jeanette began her career as a Research Assistant at Portland’s VA Medical Center and R.W. Franz Cancer Research Center. During law school, Jeanette served as the associate editor of Lewis & Clark Law School’s Environmental Law Journal.
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Featured Representative Matters
Agricultural Property Redevelopment
Oversaw the investigation and remediation of arsenic in soil for the conversion of former agricultural property to residential use.
Asbestos Removal
Represented clients on issues related to asbestos removal.
Clean Air Act Defense
Defended forest products client against alleged air quality violations, resulting in withdrawal of the Department of Environmental Quality's enforcement claims.
Clean Air Act Permitting for Renewable Energy Projects
Prepared an analysis of air permitting requirements applicable to the construction of a hybrid gas-wind power generating facility in Oregon.
Clean Water Act Violation Defense
Negotiated settlements with third-party citizen-suit claimants under the Clean Water Act.
Dry Cleaning Operation Cleanup
Obtained a No Further Action determination (full closure) from the Oregon Department of Environmental Quality for an owner of property formerly operated as a dry cleaning business, and secured full insurance coverage from historic insurance for the agency's claim. Secured Oregon Dry Cleaner Fund coverage for several dry cleaning operation cleanups.
Due Diligence in Bankruptcy Proceedings
Provided environmental due diligence for the sale of multiple divisions of a manufacturing company out of a bankruptcy proceeding.
Due Diligence in Corporate Transactions
Provided environmental due diligence for the sale of a marine transport company, which involved multiple, multi-state environmental and maritime regulations as well as contaminated properties.
Environmental Audit Oversight
Conducted environmental audits of manufacturing facilities.
Hazardous Waste (RCRA) Violation Defense
Defended a large manufacturing client against multiple hazardous waste violation claims by the Oregon Department of Environmental Quality, resulting in a reduction of almost $200,000 in assessed violations.
Lacey Act Compliance
Wrote a protocol for and assisted in compliance with a lumber importer's compliance with the Lacey Act, which prohibits the importation of illegally harvested forest products.
Land Use
Represented Gunderson in a series of appeals successfully challenging the City of Portland's North Reach River Plan ordinance as failing to comply with Oregon's statewide land use planning goals and the City's own comprehensive plan. (Land Use Board of Appeals, Oregon Court of Appeals, Oregon Supreme Court)
Lumber Mill Redevelopment
Counseled clients in the decommissioning of old lumber mills in Oregon, Idaho and Montana and preparing them for different land use.
Mining Waste Cleanup
Represented landowners in mining waste cleanups.
Municipal Wastewater
Represented a cattle ranching operation in negotiating a favorable agreement in a condemnation proceeding involving diversion of treated municipal wastewater.
Offsetting Civil Penalties Through Supplemental Environmental Projects
Successfully negotiated reductions and settlements of environmental enforcement actions, including offsetting penalties by supplemental environmental projects.
Petroleum Contamination and Vapor Intrusion Remediation
Negotiated with and secured approval of the Idaho Department of Environmental Quality (DEQ) for a corrective action plan for petroleum contamination at an auto dealership. The matter was complicated by the fact that contamination had migrated offsite, and also implicated Idaho DEQ's vapor intrusion regulations.
Portland Harbor Superfund Site (CERCLA)
Ongoing representation of a large manufacturing company in the $100 million Remedial Investigation/Feasibility Study for remediation of the Portland Harbor Superfund Site, which has been ongoing for over a decade.
Renewable Project Finance
Assisted global renewable energy developer with due diligence to prepare three renewable projects for the capital markets in advance of pending expiration of applicable federal tax credits.
Stimson Lumber Co. v. International Paper Co
In Montana, assisted Stimson in the negotiation and implementation of an administrative order for the $6 million cleanup and removal of a PCB-contaminated cooling pond formerly owned by Stimson. Successfully asserted claims against prior owners of the cooling pond under CERCLA, recovering past and future cleanup costs.
Stormwater Compliance Counseling
Regularly represent a variety of manufacturing and commercial operations to come into or maintain compliance with state, municipal, and local stormwater regulations.
Transfer of Contaminated Property
Counseled landowners and developers throughout the country on federal and state environmental laws associated with the sale and purchase of contaminated commercial and industrial property.
Underground Injection Control Well Closure
Successfully negotiated with EPA in Alaska for closure of a motor vehicle underground injection control (UIC) well without the need for removal or remedial action.
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Featured Work
Tonkon Torp Secures Regulatory Closure of a Clean-Up Site
Tonkon Torp helped a small Northwest nonprofit organization, Columbia Dance Center, resolve an unexpected environmental problem. Find details and more featured cases here.
Diverse Team Aids Greenbrier in Joint Venture
Tonkon Torp acted as Oregon corporate counsel for its long-term client The Greenbrier Companies, Inc. in finalizing a 50/50 joint venture with Watco Companies, L.L.C. The venture combines the two companies’ railcar repair, refurbishment and maintenance businesses into a new organization, GBW Railcar Services, LLC.
Tonkon Torp Leads Oregon Grocery Chain Out of Bankruptcy
In one of the quickest and most successful conclusions of a grocery chain bankruptcy proceeding, Tonkon Torp secured court approval of a reorganization plan for C&K Market, Inc., to emerge from Chapter 11 bankruptcy just seven months after filing. Find details and more featured cases here.
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Community Involvement & Activities
American Bar Association
Co-Chair Environmental Committee/Business Law Section
Women in Environment
Member
Portland Business Alliance
Leadership Portland Class of 2011
Member
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Professional Memberships
American Bar Association
Multnomah Bar Association
Multnomah Bar Association
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Awards & Recognition
Chambers USA: America's Leading Lawyers
2014–2019, Environment
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Recent News
5.15.2019
Environmental & Natural Resources Group Organizes SOLVE IT Earth Day Cleanup Project
Jeanette Schuster, Janet Neuman, and Elizabeth Goodman volunteered during the 30th annual statewide SOLVE IT for Earth Day cleanup initiative.
4.29.2019
Chambers USA Names 23 Tonkon Torp Attorneys in 2019 Ranking
Chambers USA: America's Leading Lawyers for Business has recognized 23 Tonkon Torp attorneys in seven practice areas in its 2019 USA Guide.
8.6.2018
Tonkon Torp Sponsors Columbia Springs Fundraiser
Tonkon Torp was a "Rainbow Trout" sponsor at the August 4, Hooked on Nature Fundraiser for Columbia Springs. Jeanette Schuster organized Tonkon's participation with the event and attended along with Adam Adkin, and Sam DeBaltzo.
6.4.2018
Chambers USA Names 20 Tonkon Torp Attorneys as Leaders in Their Field
Chambers USA: America's Leading Lawyers for Business has named 20 Tonkon Torp attorneys in seven practice areas as leaders in their field for 2018. The annual reference directory ranks Oregon’s leading lawyers based on interviews with clients and…
6.28.2017
Jeanette Schuster Moderates Panel on Stormwater Enforcement Issues
On June 20, Tonkon Torp attorney Jeanette Schuster moderated a panel discussion at the Northwest Environmental Business Council's annual stormwater conference. Her panel was on key legal issues related to stormwater regulation enforcement and citizen…
6.8.2017
Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program
Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon Department of…
3.27.2017
18 Tonkon Torp Attorneys Named Leaders in Their Field by Peers and Clients
Chambers USA, America's Leading Lawyers for Business has named 18 Tonkon Torp attorneys in seven practice areas as leaders in their field for 2017. The annual reference directory ranks Oregon’s leading lawyers based on interviews with clients and…
1.18.2017
Tonkon Torp Launches Blog Aimed at Region’s Development Community
Tonkon Torp has launched Ear to the Ground, a blog to share relevant and timely insight into real estate, energy law, water law, and environmental issues with development professionals and business owners in the Northwest region. Four attorneys will…
10.26.2016
Whooshh Fish Ladder Lures Environmental Attorneys
In early fall, environmental law attorneys Jeanette Schuster, Max Miller, and Stephanie Grant joined a fun outing to Whooshh Innovations' live fish transport system on the Washougal River in the Columbia Gorge. The event was offered by the Oregon…
8.3.2016
Jeanette Schuster Examines Whittaker Corp. v. United States for Oregon State Bar Publication
This case examines the interplay between the two different and distinct methods available to potentially responsible parties (“PRPs”) under CERCLA to recover all or a portion of their environmental response costs—cost recovery claims under CERCLA…
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Recent Alerts
6.24.2015
Oregon Senate Passes Brownfields Land Bank Bill
By a vote of 26-2, the Oregon Senate passed the "Brownfields Land Bank Bill" today. HB 2734 had previously passed the House with a vote of 43-15. The bill now heads to the Governor's office for signature. With the enactment of the Brownfields Land…
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Publications & Presentations
Moderator: "Legal Issues and Enforcement," Northwest Environmental Business Council, Managing Stormwater in Oregon Conference, June 2017
Moderator and presenter: "Real Environmental Concerns in Real Property and Business Transactions," American Bar Association Business Law Section's Environmental Committee, Webinar, February 2014
Moderator: "Real Environmental Concerns in Real Property and Business Transactions," American Bar Association Business Law Section, Washington, DC, April 2013
"Clean Water Act Overview," Half Moon Seminars, December 2010
"Hot Environmental Topics – Endangered Species Act," American Bar Association, Denver, Colorado, April 2010