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Priscilla E. Hampton

Profile photo for Priscilla E. Hampton
Profile photo for Priscilla E. Hampton
Partner

Priscilla E. Hampton

Polly offers practical guidance to help clients better understand how environmental regulations and liabilities affect their operations and how to mitigate those risks.

Environmental and natural resources lawyer Polly Hampton focuses on contaminated site cleanups, brownfield redevelopment, and environmental risk management in mergers and acquisitions. She counsels a range of businesses—from mining, manufacturing, and energy to real estate and project developers—on remediation, permitting, compliance, and enforcement matters under federal and state environmental laws.

Polly addresses the "dirty dirt" aspect of deals and projects, counseling on the identification, management, and cleanup of hazardous substances and allocation of related liability. She represents clients in defense of agency enforcement and cleanup actions at the federal and state level, and she has achieved favorable outcomes for clients with alleged natural resource damages liability. She also oversees internal environmental compliance audits both in the regular course of business and as part of transaction-related environmental due diligence, working with businesses to identify and correct potential deficiencies before and after closing.

Polly provides pragmatic solutions reflective of her clients' risk tolerance, and project developers appreciate her deft approach to tackling environmental issues that can derail or facilitate a development project or corporate deal. She routinely counsels manufacturing facilities, energy infrastructure companies, and natural resource developers on various issues involving hazardous substance releases, management of hazardous and solid waste, industrial wastewater and stormwater management, and air emissions. Client engagements include managing the environmental aspects of decommissioning a major steel foundry, due diligence in redeveloping a former coal-fired power plant for a battery energy storage system and assisting clients on regulatory compliance related to emerging contaminants, fugitive dust, and Bevill-exempt waste.

A veteran and former U.S. Navy Surface Warfare Officer, Polly helped to found Women in Environment, an organization furthering professional development and opportunities for women in the environmental field.

Education & Credentials

Education

  • University at Buffalo (SUNY) School of Law,
  • Stanford University,

Bar and Court Admissions

  • Oregon
  • New York
  • U.S. Court of Appeals for Veterans Claims
  • U.S. District Court for the District of Oregon

Related Employment

  • Perkins Coie LLP, Portland, OR, Summer Associate
  • United States Court of Appeals, Third Judicial Circuit, The Hon. Marjorie O. Rendell, Philadelphia, PA, Summer Intern
  • K&L Gates, Seattle, WA, e-DAT, Litigation Clerk
  • Watanabe Ing Kawashima & Komeiji LLP, Honolulu, HI, Paralegal
  • U.S. Navy, Surface Warfare Officer

Professional Recognition

  • Ranked by Chambers USA as “America’s Leading Lawyer" for Environment, 2021-2024

  • Listed in Chambers USA as an Environmental “Associate to Watch”

  • Listed in Chambers USA as an "Up and Coming" Environmental Attorney

  • Selected as one of Portland Oregon Daily Journal of Commerce's Women of Vision

Impact

Professional Leadership

  • Oregon State Bar - Environment and Natural Resources and Sustainability Sections
  • Multnomah Bar Association
  • Oregon Women Lawyers
  • Founding member of Women in Environment; President, Board of Directors

Community Involvement

  • Legal Aid Services of Oregon, Domestic Violence Project, Volunteer Attorney
  • St. Andrew Legal Clinic, Taste for Justice Wine Committee
  • YWCA Jamestown, Board of Directors, Member
  • CASA of Chautauqua County, Court Appointed Special Advocate
  • Chautauqua Striders, Mentor

Professional Experience

Environment, Energy & Resources

Decommissioned Steel Foundry

Represent mining and construction parts manufacturer in its shuttering of its main plant steel foundry, counseling on all aspects of the demolition, including state and local environmental planning, compliance and permitting during plant shut-down, decommissioning/demolition, site investigation and potential remediation, as needed.

Portland Harbor Superfund Site (Portland, OR)

Provide ongoing representation of company in multiparty allocation proceeding, negotiation of federal Administrative Settlement Agreement and Order on Consent and state Voluntary Agreement, preparation of Remedial Investigation/Feasibility Study, participation in natural resource damage discussions, and other actions related to contaminated sediments.

Kalamazoo River Superfund Site (Michigan)

Provide ongoing representation of former paper mill owner in negotiation and implementation of CERCLA consent decree, preparation of Remedial Investigation/Feasibility Study, implementation of emergency response, participation in natural resource damage negotiations, and other actions related to contaminated sediments.

Urban Redevelopment Project for Institutional Investor

Represented large institutional investor in negotiating terms of a post-closing remediation agreement between buyer and seller following acquisition of two contaminated urban properties in a stock purchase deal. Worked with state regulatory agency to obtain environmental liability protection for buyer, and obtained final regulatory decisions for both properties.

Santa Susana Field Laboratory (Ventura County, CA)

Provide ongoing representation of government contractor regarding allocation of investigation and cleanup costs in connection with radiological and chemical contamination associated with federal rocket testing and nuclear testing programs.

Cook Inlet Region Inc (CIRI)

Counsel on underground coal gasification (UCG) and carbon capture and sequestration (CCS) permitting and strategic counseling (North America's first such project).

Washington Group International Inc. and Washington Demilitarization Company

Represent WGI and WDC in RCRA and CAA permitting, enforcement defense, administrative appeals relating to incineration of 12% of U.S. chemical weapons stockpile, and defense of RCRA and toxic tort litigation relating to mustard and sarin gas. Assist in military base environmental investigation and in incinerator construction and deconstruction.

Environmental Counseling and Compliance

Environmental and Regulatory Permitting Counsel for Large Mine Projects

Serve as primary environmental and regulatory permitting counsel for various large metal mines in Alaska as well as assisting with spill reporting, cleanup, compliance and other environmental matters.

Food Licensing and Regulatory Compliance

Advise on state and local licensing, food safety and consumer protection regulations applicable to food retailers and food delivery in each market.

Permitting

Work with clients to obtain and defend permits, licenses, and other government approvals.

Compliance

Work with clients to ensure compliance with federal, state and local regulatory requirements.

Environmental Audits

Conduct audits of client facilities, operations and systems.

Brownfields Redevelopment

Represent buyers and sellers in transactions for redevelopment of contaminated properties.

Environmental Due Diligence in Real Estate and Corporate Transactions

Complete due diligence investigations; negotiate and draft merger and acquisition agreements involving environmental, safety and health issues in connection with real estate and corporate transactions.

Enforcement Defense

Confidential Clients
  • Defended federal and state civil penalty actions involving CERCLA natural resource damage claims, Clean Water Act claims and alleged violations of hazardous waste laws.
  • Defended tank farm operator against administrative and criminal charges and natural resources damages arising out of oil spill.
  • For both railroad derailments and tanker truck accidents involving oil spills: addressed emergency response, reporting, agency involvement, remediation, Coast Guard and public notice requirements, and defense of federal and state penalty actions.
  • Completed internal investigations of potential criminal and civil violations of environmental laws.

Litigation

Defend Natural Resource Damages Suit by Tribe at Portland Harbor Superfund Site

Defend Kinder Morgan Liquids Terminals, LLC and Kinder Morgan Operating L.P. in a natural resource damages lawsuit brought by the Yakama Nation in federal district court against 30 defendants with facilities located within the Portland Harbor Superfund Site investigation area. The Yakama Nation is seeking both past response costs in connection with the Portland Harbor as well as future natural resource damage assessment costs associated with the Multnomah Channel and the Lower Columbia River.

GASP, et al. v. Environmental Quality Commission, U.S. Department of the Army and Washington Demilitarization Corporation

Defense counsel for intervenor Washington Demilitarization Corp. (WDC), incinerator operator, 2009 defense against TRO and PI motions and subsequent successful summary judgment, relating to incineration of 12% of U.S. chemical weapons stockpile, addressing Resource Conservation & Recovery Act (RCRA) and Clean Air Act (CAA) permit matters.

J.F. Shea Co., Inc.

Defense of dispute involving members of limited liability company, which owned and operated a large ready-mix operation and gravel quarry in Southern Oregon. Prevailed on motions to dismiss numerous claims, including breach of LLC member fiduciary duties, minority member oppression, and breach of employment contract. Procured favorable settlement and dismissal of remaining claims.

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