Practice Area: Natural Resources

Some of Michael’s work in this area

Gelardi Law assists with water rights and environmental issues. Mike has managed complex, multi-agency permitting processes and is experienced with investigation and remediation of contaminated property. Mike is also experienced with water quality issues and wetland regulation.

Electric transmission development

Represent Springfield Utility Board in siting of electrical infrastructure to facilitate development of Glenwood area. Secured reversal of Oregon Land Use Board of Appeals interpretation of local wetland regulations by the Oregon Court of Appeals. Successfully defended city permitting decisions related to planning, zoning, tree felling and geotechnical analysis. Royal Blue Organics v. City of Springfield, 310 Or App 518 (2021); LUBA Nos 2019-092/094/095/134.

Location: City of Springfield, Oregon

University of Oregon

Represented University in successful land use proceedings related to remodel of historic Hayward Field and north campus master planning.

Location: Eugene, Lane County, Oregon

Oregon wine industry policy development

Have counseled Oregon wine industry trade associations on a range of issues including commodity governance, wine labeling, land use, pesticide use and water supply. Have assisted with development of state legislation and administrative regulations.

Location: Oregon

Farmland management

Represent family farm business in management of Willamette Valley farmland, including acquisition of additional land, management agreement for development of hazelnut orchards and water rights transfers.

Location: Benton and Lane Counties, Oregon

Hydropower development

Represented a utility in defending water rights related to hydropower production at an existing dam. Prevailed before the Washington Court of Appeals, Thurston County Superior Court and Washington Pollution Control Hearings Board. Center for Environmental Law and Policy v. Department of Ecology, 194 Wash App 1054.

Location: Okanogan County, Washington

Clean Water Act settlement

Negotiated a favorable settlement with the U.S. Environmental Protection Agency and Oregon Department of Environmental Quality on behalf of a fuel distributor for an accidental diesel spill in a waterway.

Location: Linn County, Oregon

Portland Harbor Superfund Site

Represented a multinational corporation regarding allocation of liability for remediation of the Portland Harbor Superfund site.

Location: Portland, Oregon

Agricultural goods contract breach

Represented the distributor in a Perishable Agricultural Commodities Act (PACA) proceeding against a purchaser who breached sales agreements. Obtained a favorable settlement. (U.S. Dept. of Ag., 2015.)

Location: Portland, Oregon

Wind energy development

Served as local development counsel for one of the world’s largest wind energy projects, located in eastern Oregon. Assisted with siting, electric transmission and interconnection, environmental and other regulatory matters.

Location: Gilliam and Morrow Counties, Oregon

Natural resource conflict management

Successfully resolved a land use conflict between neighboring agricultural and industrial operations in southern Oregon. Prevailed before the Oregon Court of Appeals and Oregon Land Use Board of Appeals twice. Del Rio Vineyards v. Jackson County, 263 Or App 406; LUBA No. 2014-054; LUBA 2015-104.

Location: Jackson County, Oregon

Klipsun Vineyards water rights

Successfully renegotiated a water right permit with Washington Department of Ecology to facilitate sale, expansion and replanting of Red Mountain AVA vineyard.

Location: Benton County, Washington

Waverly Marina Association

Successfully challenged Oregon Department of State Lands permitting decisions before an administrative law judge. OAH Case No. 1403630.

Location: Portland, Oregon