Elizabeth works with companies and individuals to navigate complex natural resource and environmental regulations and to obtain permits and authorizations. She also defends and resolves enforcement and regulatory actions from environmental and natural resources agencies in Oregon. Elizabeth is particularly experienced in the areas of water; wetlands; endangered, threatened and sensitive species; Confined Animal Feeding Operations; fertilizers and pesticides; and public and federal lands.

Elizabeth has a strong focus on natural resources, agriculture, and commercial and residential development. Because of her time working within these industries, she is regarded as a trusted legal advisor, guiding clients through all aspects of their operations and business activities including transactions, contracts, and agreements. 

Elizabeth works with landowners, developers, investors, farms, ranches, dairies, energy development companies, timberland owners, ports, and cities throughout Oregon and Washington.

Bar Admissions

• Oregon State Courts
• Washington State Courts
• North Dakota State Courts
• United States Court of Appeals, 9th Circuit
• United States Court of Appeals, Tenth Circuit
• United States District Court, District of Oregon
• United States Supreme Court

Education

• Oregon State University, Bachelor of Science degree, Agriculture and Resource Economics (1998)
• Lewis & Clark Law School, Juris Doctor, magna cum laude (2001)

• Assisted applicants in obtaining water rights (storage, groundwater, surface water), transfers, permit amendments and extensions, groundwater modifications, and other authorizations from and agreements with the Oregon Water Resources Department.
• Assisted in obtaining Oregon state removal/fill permits, Section 404 (Army Corps of Engineers) permits, Section 401 state water quality certifications, Mutual Order and Agreements, and fish passage authorizations.
• Defended and resolved enforcement actions issued by the Oregon Department of Environmental Quality, Department of State Lands, Department of Agriculture, Department of Water Resources, and Department of Forestry.
• Coordinated and led consultant, engineer, public relations, and attorney teams to timely complete complex projects and to defend against state regulatory actions. 
• Provided water rights due diligence, environmental due diligence, and public lands rights of way (access) due diligence and advice for developments, real estate transactions, asset purchases, and mergers and acquisitions.
• Assisted landowners and entities in developing federal and state legislative concepts. Participated in rulemaking and legislative work groups.
• Represented applicants in contested cases before the Oregon Administrative Hearings Office. 
• Resolved fish damage and water quality impact claims (civil and administrative) exceeding $50 million through a negotiated settlement with multiple state and federal agencies.
• Resolved public land trespass notices and enforcement actions related to fires, grazing, and access. 
• Resolved, through stipulated agreement and mutual order and agreement, various Oregon Department of Agriculture claims related to pesticide labeling, use, and applications.
• Mediated grazing permit enforcement actions and restored grazing activity on U.S. Forest Service and Bureau of Land Management lands.
• Defended high profile enforcement and termination actions for individual CAFO permit issued to Oregon dairy and later held by bankruptcy trustee.‎
• Defended and settled reforestation and harvest violations issued by the Oregon Department of ‎Forestry.‎
• Assisted in development of Biological Assessments and Biological Evaluations, and obtaining Biological Opinions.

• Covered by the Clean Water Act and WOTUS? Maybe Not Anymore.

  By Elizabeth Howard |December 2018

• Supreme Court Ruling on Critical Habitat in Dusky Gopher Frog Case

  By Elizabeth Howard |December 2018

• Getting Ahead of Agriculture's Rising Wages & Tightening Labor Market
• Nine Water Rights Tools For Oregon Farms And Ranches Facing Drought
• The Private Forest Accord: Oregon Legislature Paves the Way for Changes to the Forest Practices Act
• Oregon Supreme Court Holds Hydroelectric Water Rights Case
• OP-ED: DEQ Initiates New Water Quality Review and Enforcement Program
• Fueling Change Innovating for Good
• Paycheck Protection Program Portal
• Another “New” Era: WOTUS Rule 2020 (updated 07/24/2020)
• Oregon Court of Appeals Holds Hydroelectric Water Rights Do Not Automatically Convert to Permanent In-Stream Rights When Temporarily Leased for In-Stream Purposes
• COVID-19: Impacts on Environmental Compliance, Inspections, and Enforcement (Updated 05/7/2020)
• County of Maui v. Hawaii Wildlife Fund: Groundwater Discharges May Require Permit Under Clean Water Act
• COVID-19: Cities and States Move to Restrict Non-Residential Evictions
• Court Finds Oregon Water Resources Department Exceeded Authority to Regulate Wells
• Endangered Species Act: The Basics in Detail
• Covered by the Clean Water Act and WOTUS? Maybe Not Anymore.
• Supreme Court Ruling on Critical Habitat in Dusky Gopher Frog Case
• Marbled Murrelet Listed as Endangered Under Oregon’s Endangered Species Act: What Does It Mean for Timber Landowners and Operators in Oregon?
• Harney County Community Members Learn Ways to Manage Declining Water Levels
• EPA Issues Notice Declining to Further Regulate Forest Road Runoff
• 6 Pieces of Practical Advice for Resolving Grazing Issues on Public Land
• Oregon Water Law Questions and Answers
• Schwabe in the Field:  Sixth Circuit Court of Appeals Stayed the EPA's Water Rule - WOTUS
• Schwabe in the Field: North Dakota Judge Enjoins WOTUS Rule As Environmental Groups File Suit
• Do the Clean Water Rules Matter?
• Dairy Settlement Sets Difficult Precedent for Agriculture
• Water Right Tools Available for Farms and Ranches Facing Drought
• Water Right Tools Are Available for Farms and ‎Ranches Facing Drought Conditions ‎

Seminar

• Business & The Environment Conference
• Schwabe in the Field: Getting Ahead of Agriculture's Rising Wages and Tightening Labor Market Seminar
• Water Law Issues for Farmers in Drought Conditions
• Webinar: Lead Like a Woman
• Clean Water Act Rule Repeal – Presentation to Oregon Concrete & Aggregate Producers Association
• Making the Most of Your Water Rights - Presentation at Chemeketa Community College Agribusiness Management Class
• 28th Annual Oregon Water Law Conference
• 2nd Annual Agriculture Law Conference
• Oregon State Bar Agricultural Law Section Annual "Round-Up" CLE Program
• Innovative Oregon: Building a Climate for Success
• 2018 Washington Dairy Conference
• 27th Annual Oregon Water Law Conference
• Western Forestry and Conservation Association's 2018 PNW Reforestation Council Annual Meeting
• Agriculture Law: A Continuing Legal and Professional Education Seminar
• Salem Agriculture Seminar
• Central Washington Agriculture Seminar
• In the Field: Central Oregon Agriculture Seminar, Friday, Nov. 10, 2017‎
• 2017 Riparian Workshop: Legal Issues and Implications for Riparian Policy and Management
• Oregon Cattlemen’s Association Midyear Convention
• Yamhill County Farm Bureau 67th Annual Dinner