Schroeder Law Offices Shareholder Therese Stix, as a Co-Chairperson of the Environmental and Natural Resource Law section, is organizing and assisting the Section put on the annual Meet & Greet event. This will be the first time meeting since COVID shut downs. Section members are invited to attend this fun social event. For more information, contact Therese at therese@water-law.com!
Schroeder Law Offices is pleased to announce that Caitlin Skulan has joined the firm as a new Associate Attorney in the Reno, Nevada office. Caitlin received her Juris Doctorate and Certificate in Natural Resource and Environmental Law from the Northwestern School of Law, at Lewis and Clark College in May of 2019. Caitlin was admitted to the Nevada State Bar on October 16, 2019 and is looking forward to admission with the Federal District Court of Nevada on November 12, 2019.
Caitlin gained experience in water law issues during her time with the Fresh Water Trust in Portland, Oregon. Her past experiences also include working with the Washington State Farm Bureau; the Western Resources Legal Center; the Ecology Division of the Washington State Attorney General’s Office; and Schwabe, Williamson, and Wyatt in Seattle, Washington.
Caitlin holds a Bachelor’s of Science in Natural Resource Science from Northland College, in Ashland, Wisconsin. Caitlin’s bachelor studies focused heavily in water sciences including hydrology, limnology, ichthyology, and wetland ecosystems.
Caitlin grew up in Northern, Wisconsin on the shores of Lake Superior and in a community dependent on agriculture and logging. Caitlin spent her childhood working on her family’s hobby farm and orchards local to her hometown. As a result, Caitlin developed an enthusiasm and empathy for rural life and a love for the water that fuels it. Caitlin is excited to join Schroeder Law Offices and start working to solve water issues and connect with clients in the Northern Nevada community.
Schroeder Law Offices is pleased to announce that Attorney/Partner Sarah Liljefelt accepted the position of Water Resources Committee Chair for the Oregon Cattlemen’s Association, beginning in the coming year. Sarah has been a member of the Oregon Cattlemen’s Association for many years, and has been very active with the Oregon CattleWomen as Vice President and Legislative Committee Chair. She is excited to use her Oregon water resources knowledge to support and defend the Oregon Cattlemen’s Association’s water interests in the years to come.
Sarah’s new position was announced earlier this week when she presented at the Oregon Cattlemen’s Association’s Mid-Year Conference in Canyonville, Oregon. Sarah provided an update on the Klamath River Basin Adjudication and conjunctive surface water/groundwater management in the Klamath Basin. Some of the other highlights from the conference included an update of Western Resources Legal Center’s recent victories by Executive Director Caroline Lobdell (Sarah is a former WRLC law clerk), and a trip to Melrose Vineyards (https://www.melrosevineyards.com/) with the Oregon Cattlewomen – beautiful location, friendly staff, and great food and wine!
Incoming J.D. Paralegal (Attorney upon Bar passage) Jakob Wiley attended the University of California Cooperative Extension’s regular Rice Production Workshop held at Lundberg Family Farms in Richvale, California. The seminar was attended by farmers, local businesses, and water district personnel, providing a broad overview of rice production and the challenges faced by producers.
Water in rice production isn’t just about irrigation. Water serves a critical role in temperature regulation, weed control, and field management. For example, water is used to prevent excessive cooling of the rice flowers, which inhibits pollination. Exposure of the flower to cool temperatures can “blank” the rice (prevent the grain of rice from forming) and reduce yields. Water also acts as a blanket, keeping the flowers warm during cool nights. Careful management of water also ensures the safe use of pesticides and herbicides (and avoids costly fines). Water plays a critical role in the growth, development, and success of a rice field.
More information about rice production can be found in the 2018 Rice Production Workshop Manual available at http://rice.ucanr.edu/Reports-Publications/Rice_Production_Workshop_Manual/.
Jakob will add his new knowledge about rice production to his background in cattle ranching and alfalfa production to better assist with your water needs!
Stay tuned to Schroeder Law Offices’ Water Law Blog for more news that may affect you!
A lot has changed since 1909, when Oregon enacted its Water Code and the water use permit system began. Obtaining a water use permit can be a lengthy and detailed process. If you’re not careful you can limit the flexibility of your water permit through self-imposed conditions without realizing it.
For example, Schroeder Law Offices recently represented a business that stated on its groundwater permit application that it planned to use drip irrigation. The business did not plan to exclusively use drip, but drip was one form of irrigation used for part of its operation. As a result, the Oregon Water Resources Department (OWRD) proposed to impose a condition in the Proposed Final Order (PFO) that the business would be limited exclusively to drip irrigation. This would have significantly reduced the business’s flexibility and the marketability of its property in the future. However, our office was able to successfully remove the proposed condition from the water use permit that was issued.
This example provides an important reminder to very carefully prepare water use permit applications, and closely review OWRD’s initial reviews, proposed orders, and final orders/permits. Otherwise, water users may be subject to unnecessarily restricting permit conditions. Water use professionals, such as attorneys or consultants, can provide assistance to prepare permit applications and review OWRD documentation regarding the applications. Water use application forms are available on OWRD’s website, https://www.oregon.gov/OWRD/pages/index.aspx. For more information about water right processing see: http://www.water-law.com/water-rights-articles/get-an-oregon-water-right/.
Stay tuned to Schroeder Law Offices’ Water Law Blog for more news that may affect you!
This article was drafted with the assistance of Law Clerk Nathan Klinger, a student at Willamette Law School.
Attorney Sarah Liljefelt presented at Halfmoon’s Water Laws and Regulations seminar on June 7th on the topic of Oregon Groundwater, teaching a group of engineers about groundwater ownership, regulation, and acquisition of groundwater use rights in Oregon. This week, on June 28th, Sarah will present at the Oregon State Bar Environmental & Natural Resources Section’s “brownbag” continuing legal education seminar on the topic of groundwater regulation in the Klamath Basin in Oregon. Her co-presenter is Lisa Brown of WaterWatch, who will speak about groundwater in Harney County. If you are interested in attending, please visit the Section’s Events page or Schroeder Law Offices’ Coming Events page for more information. Sarah’s presentation materials are available on the Section’s Events page.
Stay tuned to Schroeder Law Offices’ Water Law Blog for more news!
On Wednesday, May 16, attorney Lindsay Thane and paralegal Rachelq Harman attended the Oregon Association of Water Utilities’ (OAWU’s) 3rd Annual Mini Expo in Rickreall, Oregon. At the Expo, they had the opportunity to meet with representatives from water districts and municipalities from across the state of Oregon. Lindsay taught an hour-long class on public meeting laws and regulations. The presentation highlighted some of the aspects of community involvement that aren’t always at the forefront of our minds. Lindsay and Rachelq also manned the Schroeder Law Offices booth, where they were able to talk one-on-one with attendees and provide some very useful water conversion magnets to boot.
While the Mini Expo is now past, OAWU puts on events year-round. You can find their events calendar here. Schroeder Law is keeping busy too! Classes and seminars are scheduled throughout the summer. You can check out the complete list here.
Stay tuned to Schroeder Law Offices’ Blog for more news and events!
Schroeder Law Offices’ attorney Therese Ure is in attendance at the 2018 Family Farm Alliance Conference in Reno, NV and was present for the Reclamation Roundtable wherein Commissioner Brenda Bunman addressed the Family Farm Alliance (“FFA”) membership goals regarding conveying Reclamations under the current administration. Key points of the FFA goals include: 1) creating infrastructure to provide water security and reliable energy; 2) reinvesting to modernize existing infrastructure, and considering creative ways to pay for theses project (welcoming ideas and comments); 3) streamlining projects from the way they are managed to streamlining of the NEPA process; 4) collaborating to create new ideas, listening, sharing, and being transparent; and 5) creating a culture at Reclamation of safety, respect and civility.
Other key points in the Reclamation Roundtable with all the regional directors included a water forecast for 2018, discussion of what current storage will secure or not secure, and how to deal with long term planning by:
In 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued a joint administrative rule, the “WOTUS Rule,” attempting to define the statutory term “waters of the United States” within the Clean Water Act (“CWA”) in order to more clearly define the agencies’ jurisdiction. Schroeder Law Offices summarized the background and scope of the WOTUS Rule in a 2015 blog. The WOTUS Rule was stayed in 2015. Three year later, and after a ruling from the Supreme Court of the United States, litigation over the WOTUS Rule continues.
On January 22, 2018, the United States Supreme Court issued its unanimous opinion, written by Justice Sotomayor, which settled the jurisdictional question of where challenges to the WOTUS Rule must be filed. The Court held that challenges to the WOTUS Rule must occur in federal district court rather than courts of appeals. The case was remanded to the Sixth Circuit and dismissed for lack of jurisdiction.
This decision by the Supreme Court will likely prolong litigation on the merits of the WOTUS Rule because a decision by a district court for either party is likely to be appealed. Environmentalists have applauded the proposed changes in the rule, while coalitions like the American Farm Bureau Federation and American Petroleum Institute have said the rule will stifle economic growth and add burdensome regulation on farmers and business owners because of expansion of CWA jurisdiction.
On July 27, 2017 the EPA and Corps published a notice of a new proposed rulemaking in the Federal Register. The agencies proposed to replace the stayed 2015 WOTUS Rule with their pre-2015 regulatory procedure. The agencies solicited public comment on the proposed procedure, although, making clear they did not seek public comment on the substance of the pre-2015 rule.
On February 6, 2018, the agencies published the final rule in the Federal Register. The final rule suspends the applicability of the 2015 WOTUS Rule until February 6, 2020. The agencies assert that the suspension of the rule gives agencies the time needed to reconsider the regulatory definition of “waters of the United States.” As reported by Capital Press, the same day the agencies published their final rule a lawsuit was filed by the Attorneys General of New York, California, Connecticut, Maryland, Massachusetts, New Jersey, Oregon, Rhode Island, Vermont, Washington and the District of Columbia in the Southern District of New York. Another lawsuit was filed by numerous environmental groups in Charleston, South Carolina District Court. Both lawsuits challenge the two-year delay in applicability of the WOTUS Rule.
The attorneys general and environmental groups both take the same positions on two issues in their complaints. First, the parties allege the agencies failed to provide meaningful opportunity for public comment in violation of the Administrative Procedure Act (“APA”) because the agencies solicited comments solely on the procedure of the rule, proscribing comment on the substance of the pre-2015 rule. Second, the parties allege the agencies failed to consider all the relevant issues and offer a rational explanation for the suspension of applicability rule, another alleged violation of the APA.
The attorneys general and environmental groups differ in their last claim, however. The attorneys general claim that the CWA does not give the agencies authority to suspend the WOTUS Rule after its effective date passed. The environmental groups claim the agencies violated the APA by failing to publish the pre-2015 rule in the Code of Federal Regulations.
Stay tuned as Schroeder Law Offices brings you updates!
This article was drafted with the assistance of Law Clerk Derek Gauthier, a student at Lewis & Clark Law School.
http://www.RobProPhoto.com Photography
Schroeder Law Offices is excited to announce that J.D. Paralegal Lindsay Thane passed the Oregon State Bar, and will be licensed to practice law in Oregon upon her swearing in ceremony scheduled for May 18th, moving into the position of Associate Attorney.
Lindsay joined Schroeder Law Offices in their Portland, Oregon office in 2016 after graduating from the University of Montana School of Law. Lindsay is an avid runner and enjoys competing in local road races. She loves being outdoors hiking with friends and family. Lindsay has also spent many summers water skiing on Flathead Lake near her home town in Montana.
Schroeder Law Offices understands it can be a bit intimidating to contact a law firm when you encounter a problem you cannot solve alone. You are not alone: Schroeder Law receives multiple initial potential client calls every day, and our goal is to listen, understand, and meet your goal to solve a problem in a cost effective and professional manner.
Unfortunately due to liability, attorneys cannot give legal advice on your initial, first-time call. While it can be frustrating not to receive an immediate answer to what you may presume is a “quick legal question,” attorneys can only provide answers after conflicts are checked by running them through a system check and the client as well as the general issue are approved to be addressed by the firm. All information requested of potential clients on the initial call is necessary in order to provide the best and most ethical advice and counsel possible.
When you call Schroeder Law Offices, your call is directed to an experienced member of our staff who will collect basic information and listen to the reason for your call. Below is a short list of the kinds of questions our staff will ask in order to determine what kind of legal assistance you need and if there are any potential conflicts that our office may encounter:
Once we obtain the relevant information, we will run a conflict of interest check through our digital file system to ensure that any opposing parties are not current or previous clients, confirm that current or previous clients do not own or lease property near the property of concern, there is not a present deadline that our firm cannot meet, or involve an issue that requires expertise other than what the firm may collectively lend its experience in addressing.
After we confirm there is no conflict, we pass the information to an attorney to review and help with next steps. Based on the next steps that our attorney advises, we will call or email you. The response may be to offer you an initial attorney call at a flat fee, hourly fee or refer you to another attorney or organization better suited for your needs. If a flat or hourly fee is involved, and you are interested in proceeding, a proposed fee agreement will be emailed to you.
Upon receipt of the flat or hourly fee agreement, we schedule an initial client conference between you and an attorney to understand your issue more fully, provide preliminary recommendations for moving forward, and legal advice in summary. Following the initial client conference, you will receive a summary letter of any recommendations or advice provided in the conference. The summary letter may also include a further contract for legal services with the scope of work tailored to fit your preferred course of action given the recommendations provided.
This process can take anywhere from twenty four hours to one week after conflicts are cleared. However, we understand how important the issues you call our office about are to you and we strive to work as quickly as possible to better serve you, the client!
If you are seeking an experienced Water Law attorney, you can call our office at:
Portland: 503-281-4100
Reno: 775-786-8800
Schroeder Law Offices is happy to announce the newest addition the team, Lindsay Thane! Lindsay Thane has accepted the position as JD Paralegal in the Portland, OR office. Lindsay comes to Schroeder Law Offices from Montana where she received her J.D. from the University Of Montana School Of Law with a certificate in Natural Resource & Environmental Law. Prior to Law School, Lindsay earned her B.A. degree in Political Science from the University of Oregon. Lindsay has taken the Oregon State Bar exam and is currently awaiting the results with high hopes.
Lindsay brings a wide array of experience to Schroeder Law Offices including legal research, writing, and even judicial clinic experience. Through her experience, Lindsay has spent valuable time in the natural resources field including positions with the U.S. Department of the Interior as well as the U.S. Environmental Protection agency.
We are looking forward to working with Lindsay!
Schroeder Law Office is currently looking for the right attorney to fill a vacancy in the Reno, NV office. For more information regarding this position and how to apply, visit our website at: http://www.water-law.com/reno-attorney/
Schroeder Law Offices is proud to announce Portland’s Managing Attorney, Sarah Liljefelt, has been promoted to Junior Partner. Sarah has been with the firm since 2009 as a law clerk, and joined the firm full time after receiving her Juris Doctorate and Certificate in Environmental and Natural Resources Law from Northwestern School of Law of Lewis and Clark College in 2010.
Sarah’s practice focuses in the areas of water rights, real property law, and litigation, licensed in both Oregon and California. As a member of the Oregon State Bar Environmental and Natural Resources Law Executive Committee, Sarah has published extensively on natural resources law and related topics.
In addition to her focused practice areas, Sarah is active in the Portland community. She is currently a Vice President of Oregon Cattle Women, and competes on the Oregon Women Lawyer’s “Dragonflies” dragon boat team.
Sarah was born and raised in California during a time of serious drought and is passionate about the importance of water resources for people, animals, and the production of food in the face of supply variations.
Laura Schroeder is an Oregon native, born and raised in the small agricultural area of Vale, Oregon. She earned her B.A. in 1972 from the University of Oregon and her J.D. in 1987 from Northwestern School of Law, Lewis & Clark College. She is admitted to practice law in State and Federal Courts in Oregon, Idaho, Nevada, Utah, and Washington. Laura began her private practice with her father, William F. Schroeder, in Vale. She started her own firm in 1991 to better serve the needs of her clients involved in water resource matters.
Laura has long been respected in the water rights (water quantity) arena, representing businesses and municipalities in transactional and litigation matters. Her practice includes water rights acquisitions, sales, contracts, easements, well share and water delivery agreements, adjudications, permitting, extensions, transfers, certification, regulatory compliance and litigation of water rights disputes before state administrative bodies as well as State and Federal trial and appellate courts.
Laura Schroeder also has extensive experience working with the United States Bureau of Reclamation on behalf of her irrigation district clients in contract negotiations and title transfers. Her water rights emphasis has expanded by necessity to advise buyers and sellers in water use for real estate development including land use compliance.
As the demand for water quantity has increased with the population, Laura’s emphasis expanded into water quality issues including development of conservation and water management plans, instream leases, reuse and recharge permitting, wetlands maintenance, creation and mitigation, water quality permitting, storm drain permitting and use.
Formerly a preschool, high school and college teacher, Laura Schroeder uniquely involves her clients in the legal process of their cases. She provides educational opportunities for understanding the legal process. Her undergraduate degree in Theater makes Laura an engaging, entertaining, and sought-after speaker in the water law arena.
While these challenges find Laura engaged, she continues to provide consulting advice internationally on water law development and negotiations within and between countries in water allocation, development and management.
Laura’s husband, Scott Borison, has over twenty-five years managed Schroeder Law. Laura’s son Rob is a rancher-farmer in Lovelock, Nevada. Her daughter Therese is Laura’s Nevada law partner. Therese is also a partner with her husband, Dave Stix in the cattle business. Sonja, Laura’s youngest daughter, is a nurse practitioner in Cardiology. Laura’s five grandchildren and one great grandchild enjoy frequent visits from her and their grandfather Scott. Besides visiting family, Scott and Laura enjoy sailing, international travel and cruising, family history, remodeling, cross country skiing, and hiking. They continue to be active in their community of Sumpter, Oregon volunteering at the summer Flea Markets and fire department. They are also active at Milwaukie Lutheran Church in Milwaukie, Oregon. Scott is the Charter Liaison to the Scout Troop and Laura is on the Church’s Governing Council.
Email: schroeder@water-law.com
Therese Ure Stix has been with Schroeder Law Offices on both a full time and part time basis since 1993. She worked as a part time bookkeeper and project assistant from 1993 through September, 1998. She then worked as a full time paralegal from September 1998 to August 2003, and then as a part time law clerk until she earned her JD degree at Valparaiso University in August, 2006. Therese Ure Stix moved to Reno Nevada and continues to support Schroeder Law Offices as a Managing Attorney.
In 2012, Therese became a shareholder in Schroeder Law Offices, P.C. While working as a paralegal at Schroeder Law Offices, Therese Ure Stix completed factual investigations related to civil and administrative matters; drafted and edited documents; prepared trial exhibits; prepared for and undertook client interviews; drafted state and federal agency requests; prepared for and completed witness identification and preliminary interviews; prepared discovery requests; organized production requests and responses; completed simple legal research; and assisted attorneys in all aspects of hearing and trial.
Therese grew up on a row-crop farm in Eastern Oregon learning how to irrigate by setting siphon tubes with her brother and sister. She eventually participated in every aspect of the family farm including plowing, planting, fertilizing, cultivating, and harvesting crops. While in undergrad Therese learned her way around cattle and other animals while working part-time at the local livestock auction.
Therese now focuses her practice in areas including:
She is a member of the Nevada State Bar, the Federal District Court of Nevada, the Oregon State Bar, the Federal District Court of Oregon, and the Ninth Circuit Court of Appeals.
Therese is the Co-Chairperson of the Nevada State Bar’s Environmental and Natural Resource Section, and previously held the position of Secretary/Treasurer.
email: t.ure@water-law.com
Therese grew up on a farm in eastern Oregon and is especially dedicated to preserving the agricultural interests of farmers and ranchers in the west. She is a third-generation lawyer and fourth-generation to a family of farmers. While enjoying public entity work, Therese’s true passion is farming and ranching. She also enjoys traveling, playing softball, and riding horses.
Although Jim was born and raised in Washington, he has lived in Idaho since 1987. After 22 years as a newspaper sports writer, Jim left the journalism profession in 2009 to attend law school. Upon receiving his Juris Doctorate from the University of Idaho, Jim began working for Schroeder Law Offices on a contractual basis, and was named Of Counsel for the firm in 2016.
B.A., Communications – Journalism sequence, Washington State University, Pullman, Wash., 1987
J.D., Natural Resource and Environmental Law Emphasis, University of Idaho College of Law, Moscow, Idaho, 2012
Idaho State Bar, 2013
Washington State Bar Association, 2013
U.S. District Court, District of Idaho, 2013
Email: j.browitt@water-law.com
Jim originally hails from Roslyn, a small community on the eastern slopes of the Cascades in central Washington. It was there that he developed a love for the outdoors, and that affection is one of the primary reasons he has lived in on the east bank of the Snake River in Lewiston, Idaho, since 1992. Jim and his wife, Tracy, a nurse practitioner, dedicate much of their free time to region’s myriad recreational activities, including jet-boating in Hell’s Canyon, camping in the Blues Mountains, or fishing for steelhead on the Clearwater River.