Over 40 percent of the lands in Malheur County have been designated as core habitat for sage grouse by the Oregon Department of Fish and Wildlife (“ODFW”). Other counties in southeastern Oregon are also heavily affected. ODFW’s approach was to simply recommend against any development in core habitat, without consideration whether off-site mitigation could result in net benefit. For energy and mining developments in particular, it seemed likely that the Energy Facility Siting Council (“EFSC”) and the Department of Geology and Mineral Industries (“DOGAMI”) would defer to ODFW’s recommendation. This approach threatened the economic vitality of southeastern Oregon.

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Co-authored by Barbara Craig and Jerry Fish.

Photo of Tim McMahan Tim McMahan

Tim McMahan is a partner practicing in the areas of energy, land use, real estate development, environmental and municipal law. He has offices in Portland, Oregon and Vancouver, Washington. Tim has extensive experience in representing energy facility developers, property owners and municipal clients…

Tim McMahan is a partner practicing in the areas of energy, land use, real estate development, environmental and municipal law. He has offices in Portland, Oregon and Vancouver, Washington. Tim has extensive experience in representing energy facility developers, property owners and municipal clients in Washington and Oregon. Tim focuses his practice on advocating for and defending renewable energy, natural gas pipeline, natural gas generation and electrical transmission projects and other energy facilities facing opposition.Prior to joining Stoel Rives in 1999, Tim served as the Port Townsend City Attorney for over five years, during which he guided Port Townsend through downtown historic district preservation strategies, Growth Management Act implementation, successfully defended the city’s Comprehensive Plan and Shoreline Master Program in agency and judicial litigation, and developed innovative strategies to protect Port Townsend’s municipal water supply from spiraling demands.

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