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Schwabe, Williamson & Wyatt

Carson Bowler

Carson Bowler

Shareholder

Schwabe, Williamson & Wyatt
Oregon, U.S.A.

tel: 503-796-2078
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Local Time: Sun. 07:16

Profile

Carson Bowler deals with environmental challenges in both Oregon and Washington. His experience in transactions, litigation and regulatory compliance provides clients a broad perspective and a wide range of options.

Carson works closely with clients to understand their needs and find cost-effective, practical solutions. He works to tailor strategies to meet clients’ immediate objectives and long-term goals.

Carson has more than 18 years’ experience with litigation and administrative proceedings, Superfund remediation, forestry, water quality and quantity, wetlands, insurance coverage, and real estate transactions and risk management. He represents both buyers and sellers of contaminated properties in due diligence reviews, indemnity agreements, pollution insurance provisions and other risk allocation aspects of real estate transactions. He has negotiated Consent Judgments/Orders, Prospective Purchaser Agreements and settlements with state and federal administrative agencies on a variety of matters involving administrative and environmental law.

In addition to his natural resources focus, Carson advises small and closely held businesses in day-to-day decision-making, including managing risk and liability. 

Bar Admissions

  • Oregon State Courts
  • Washington State Courts
  • United States District Court, District of Oregon
  • United States Court of Appeals, Ninth Circuit
  • United States Court of Federal Claims

Education

  • University of Oregon School of Law, Juris Doctor degree, Editor-in-Chief, Oregon Law Review (1994)
  • University of Oregon, Bachelor of Arts degree (1991)
Areas of Practice
Professional Career

Significant Accomplishments

Real Estate Transactions and Development

  • Broad experience with buyer and tenant due diligence and transactions for sites with known contamination, including major industrial facilities, former dry cleaner sites, gas stations, former landfills, timberland, and wood products manufacturing facilities.
  • Negotiated cost recovery and indemnity agreements for former and current gas station sites with Shell, Chevron, and BP.
  • Since 2015, represented sellers on 3 Prospective Purchaser Agreement transactions, and obtained 7 Prospective Purchaser Agreements from DEQ for buyers, including on sites with existing No Further Action letters, sites located in Superfund areas, and low-income housing credit projects.
  • Advised buyers and owners on pollution insurance options for environmental liabilities.

Project Oversight

  • Coordinated a team to remediate a Superfund-listed site in Oregon, procured insurance for costs, addressed Natural Resource Damages concurrent with cleanup, and negotiated with state, federal and tribal governments for Consent Judgments and settlements.
  • Coordinated a team to address environmental risks associated with a low-income housing projects, including negotiating indemnity agreement with national oil company, and obtaining a Prospective Purchaser Agreement and No Further Action letters from DEQ .
  • Developed Lacey Act Due Care programs with several firm clients.

Litigation

  • Litigation experience in state, federal and administrative courts, including property damage, water rights, lease disputes, environmental damage, and licensing and enforcement actions.
  • Recovered 100% of cleanup expenses plus attorney fees in a case involving underground storage tank in a residential neighborhood.
  • Defended Superfund prosecution by the U.S. Department of Justice arising out of dioxin and other contamination used at window-manufacturing site.
  • Prosecuted breach of contract for environmental cleanup obligations, resulting in a settlement that paid the client rent during cleanup activities in addition to damages.
  • Worked on a team that had an $8 million Oregon Superfund case dismissed in a suit filed by an Oregon municipality.
  • Litigated navigability determinations for John Day River and Waldo Lake in state and federal court.

Articles

  • The Lacey Act in the 21st Century: An Old Law's Renewed Clout Imposes Serious Consequences on Importers and Processors of Foreign Wood
  • The Lacey Act in the 21st Century: An Old Law’s Renewed Clout Imposes Serious Consequences on Importers and Processors of Foreign Wood (Updated)
  • EPA Taking Comments On Clean Water Act NDPES Permits for Discharges to Groundwater
  • OP-ED: Contaminated property transactions easier, thanks to DEQ
  • Who Should Pay to Clean Up Contaminated Shipyard?
  • 6 Pieces of Practical Advice for Resolving Grazing Issues on Public Land
  • Washington Case Limits Insurer Companies' Duty to Pay for Certain Environmental Cleanup Costs
  • New Insurance Law Designed to Help with Environmental Insurance Coverage
  • Environmental Woes Can Send Land Deals South ?(Portland Business Journal, Sustainable Business Oregon Edition)?
  • Oregon DEQ Expands Protections For Property Owners
  • DEQ's Prospective Purchaser Agreement

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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