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
Assist University with real estate projects. Represented University in successful land use proceedings related to remodel of historic Hayward Field and north campus master planning.
Location: Eugene, Lane County, Oregon
Firesteed Cellars
Assisted Vintage Wine Estates in development of Firesteed wine facilities in Dundee, Oregon. Secured land use permits and water supply for winery, tasting room and bed & breakfast facilities.
Location: Yamhill 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
Vineyard 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
Marina protection
Successfully challenged Oregon Department of State Lands permitting decisions before an administrative law judge. OAH Case No. 1403630.
Location: Portland, Oregon