Jeanette Schuster

Oversaw the investigation and remediation of arsenic in soil for the conversion of former agricultural property to residential use.

Represented clients on issues related to asbestos removal.

Defended forest products client against alleged air quality violations, resulting in withdrawal of the Department of Environmental Quality's enforcement claims.

Prepared an analysis of air permitting requirements applicable to the construction of a hybrid gas-wind power generating facility in Oregon.

Negotiated settlements with third-party citizen-suit claimants under the Clean Water Act.

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.

Provided environmental due diligence for the sale of multiple divisions of a manufacturing company out of a bankruptcy proceeding.

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.

Conducted environmental audits of manufacturing facilities.

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.

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.

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)

Counseled clients in the decommissioning of old lumber mills in Oregon, Idaho and Montana and preparing them for different land use.

Represented landowners in mining waste cleanups.

Successfully negotiated reductions and settlements of environmental enforcement actions, including offsetting penalties by supplemental environmental projects.

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.

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.

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.

Regularly represent a variety of manufacturing and commercial operations to come into or maintain compliance with state, municipal, and local stormwater regulations.

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.

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.

(Bankr. D. Or.) – Tonkon represented debtor, Stayton SW Assisted Living, L.L.C., and over 700 substantially consolidated affiliates, in a Chapter 11 proceeding that resulted in a confirmed Plan of Reorganization. The biggest and most complex bankruptcy case ever filed in Oregon, the consolidation, restructuring and $1.2 billion sale involving over 700 of Sunwest entities demanded legal expertise in bankruptcy, securities, tax, real estate, corporate governance, litigation, mergers and acquisitions, regulated industries and commercial transactions. Al Kennedy and Tim Conway worked with a team of Tonkon lawyers and paralegals who developed and executed a complex resolution that restructured obligations owing to over 90 secured lenders, sold 146 senior living facilities (including approximately 1,200 tenant-in-common interests held by investors), and resulted in distributions to creditors and investors exceeding 100% of their claims.

Represented client and his estate in the sale of investment property and the purchase of new investment property in a 1031 tax deferred exchange. The transaction presented unique tax and real estate issues due to the death of the client during the 1031 exchange period. Also, the new property required evaluation of environmental issues due to its former use as a gas station.

Represented FXI, Inc., a manufacturer of innovative foam technology headquartered in Media, Pennsylvania, in its acquisition of the Hickory Spring foam manufacturing facility located in NE Portland.

Represented a family trust in the sale of a $5.2 million commercial property, including the historic Village Theater, on the main commercial strip of downtown Coronado, California. The transaction involved the acquisition of fee title to a portion of the property ground leased from another trust, and the subsequent sale of the entire property. The transaction also posed complicated environmental issues due to the property's former use as a dry cleaners, but with Tonkon Torp's help the buyer was persuaded not to reduce its offered price due to environmental issues.

Represented private equity firm in $200 million acquisition and development of five utility-scale wind projects in Eastern Oregon for sale of power to prominent Idaho utility.

Represented auto dealer client in the simultaneous purchase of dealership property, sale of vacant land, and amendment of lease to third property. Transaction also involved the resolution of thorny environmental issues affecting the acquired property with the Alaska Department of Environmental Conservation.

Representation of sellers in $100 million+ sale of industrial production facility to private equity buyer. Operating company recognized to have the best available technology for the manufacturing of its industrial products. Assisted the company in the environmental due diligence process and provided support and regulatory review in connection with the transfer of environmental permits.

Provided legal advice to manufacturer of consumer electronics about Washington state regulations that govern toxics in children's products. The client needed to know whether such regulations could potentially impose requirements on manufacturers of consumer electronic products to which children are likely to be exposed, but which are not manufactured specifically for or advertised directly to children (for example, remote controls or PC tablets).

Represented a cattle ranching operation in negotiating a favorable agreement in a condemnation proceeding involving diversion of treated municipal wastewater.

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.

Provided legal services in connection with the financing of EDF Renewable Energy's 143.2 MW Catalina Solar Project, which became operational in August 2013.  When it opened, the facility in Kern County, California was EDF's largest PV facility in the U.S. and the 8th largest PV facility in the world.

Represented LGW Ranch, Inc., a cattle ranching operation, in a condemnation proceeding involving diversion of treated municipal wastewater. The matter was resolved through a negotiated agreement favorable to our client.

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.