Biodiversity and the Law

Law Office of Frank Hammond • January 7, 2025

The term biodiversity refers to the variety of life on Earth, including all living organisms such as plants, animals, and microorganisms, as well as their genetic diversity. Biodiversity is essential for maintaining healthy ecosystems and providing numerous benefits to humans, such as clean air and water, food and medicine sources, and cultural values.


However, with increasing human activities such as deforestation, pollution, overharvesting of resources, and climate change, biodiversity is facing significant threats worldwide. To protect and conserve biodiversity effectively, there are various laws and regulations in place at local, state, and national, levels.

Why Biodiversity Matters

Biodiversity plays a significant role in our daily lives and protecting biodiversity is an essential part of preserving the health of ecosystems that we rely on for clean water, food, and climate regulation. While biodiversity matters for many reasons, some of the main ways biodiversity impacts us include:


  • Ecosystem services: Biodiversity provides numerous services that are essential for life on Earth, such as pollination, soil fertility, water purification, and climate regulation. These ecosystem services are crucial for human and animal well-being, as well as sustainable practices for maintaining food and water.
  • Economic benefits: Biodiversity offers various economic benefits, including food production, tourism opportunities, and pharmaceutical products. Losing biodiversity would not only have negative impacts on these industries but also on global economies.
  • Cultural significance: Nature and biodiversity carries cultural significance for many communities worldwide. It influences traditions, customs, spiritual beliefs, and even local economies. Protecting biodiversity also helps to preserve cultural heritage and promote social well-being.

Laws and Regulations for Biodiversity Conservation

Governments have enacted laws and regulations to protect and conserve various species and ecosystems and address the threats facing biodiversity. These laws aim to regulate human activities that may harm or disrupt natural habitats and wildlife. Some of these primary laws include:


  • Endangered Species Act (ESA): The ESA is one of the most influential pieces of legislation protecting biodiversity nationwide. The Act prohibits the taking, trading, or sale of any species designated as endangered or threatened and protects critical habitats for these species by placing restrictions on habitat destruction and requirements for recovery plans.
  • Clean Water Act (CWA): The CWA aims to protect and restore the quality of America's waters. The Act regulates point source pollution, such as industrial waste, and non-point source pollution, such as agricultural runoff that can harm freshwater ecosystems.
  • National Environmental Policy Act (NEPA): The NEPA requires federal agencies to consider the environmental impacts of their actions and involve the public in the decision-making process. The NEPA is often used to make sure that projects do not have significant impacts on biodiversity and natural resources.

Oregon’s Biodiversity Regulations

Oregon has established several laws that are designed to protect native species and habitats. The state relies on regulations at both the state and federal levels to combat threats to biodiversity. 


Enacted to complement the federal Endangered Species Act (ESA), the Oregon Endangered Species Act (OESA) provides additional protections for plants and animals not adequately covered under federal law. The Oregon Department of Fish and Wildlife (ODFW) is tasked with assessing the status of native species and maintaining the state’s endangered and threatened species list.


The OESA prohibits taking, trading, or selling listed species and strives to make sure that activities such as hunting, collecting, or habitat destruction are regulated to prevent harm to vulnerable plants and animals. Specific permits may be required if a proposed project might impact critical habitats or result in incidental harm to protected species. 


For example, development projects that could affect wetlands, rivers, or coastal ecosystems often require strict permitting and coordination between state and federal agencies like the ODFW and the U.S. Fish and Wildlife Service.


Additionally, Oregon’s land-use laws contribute to biodiversity preservation. The state’s land-use planning system, established under Senate Bill 100, emphasizes protecting natural resources and open spaces through zoning and land designation. This directly impacts developers or businesses by requiring compliance with local conservation ordinances that prioritize habitat protection.

How Biodiversity Laws May Impact Businesses and Landowners

Biodiversity-related laws are often complex, particularly when multiple layers of federal, state, and local regulations are involved. Businesses venturing into construction, agriculture, or resource extraction may need to conduct environmental assessments to make sure they don't consciously or unconsciously violate laws regarding endangered species or sensitive habitats. 


For example, a logging operation in the Oregon Coast Range may be required to conduct a survey for the presence of northern spotted owls, a federally listed threatened species, before commencing work. Failure to address such requirements can result in project delays, fines, or legal action. 


Similarly, landowners near protected areas or conservation easements, such as those in the Willamette Valley or Southern Oregon regions, may face restrictions on land use to preserve biodiversity. Agricultural practices that pose runoff risks or industry operations that discharge pollutants or encroach on wetlands will often require strict permitting and regular surveys. 


By understanding these regulations beforehand, individuals and businesses can avoid potential legal pitfalls related to biodiversity regulations. At the Law Office of Frank Hammond, we are experienced in helping businesses, industries, and corporations maintain compliance with both state and federal environmental standards.

How Our Firm Can Help

At Law Office of Frank Hammond, we understand the importance of protecting biodiversity and we're committed to helping our clients understand and comply with the state and federal laws that oversee Oregon's ecosystems. 


Whether you need help with the strict permit requirements under the Oregon Endangered Species Act, conducting environmental reviews for a development project, or facing enforcement actions from legal and regulatory bodies, we’re committed to helping you understand your obligations and take meaningful steps to ensure compliance.


Our firm works closely with agencies such as the Oregon Department of Fish and Wildlife, the Department of State Lands, and the U.S. Fish and Wildlife Service to make sure your projects align with biodiversity protection goals. Our proactive approach to compliance can help your business minimize risks and avoid costly penalties.

Contact an Experienced Attorney Today

Biodiversity is crucial for sustaining life on Earth and sustaining our daily lives. To ensure its protection, local, state, and national laws and regulations have been established to regulate human activities that may harm or disrupt natural habitats and wildlife.


If you're facing legal challenges related to biodiversity regulations in Oregon or are looking to further your understanding of environmental protections ahead of a business venture or industry project, our experienced attorney at Law Office of Frank Hammond can help. 


With a proven track record of success, we have the knowledge and resources you need to better comprehend environmental laws and protect your business interests while promoting biodiversity conservation. Located in Portland, Oregon, we serve clients throughout the surrounding areas, including Eugene, Salem, Bend, Medford, and beyond. Reach out to us to schedule a consultation.

Environmental Law for Portland Startups and Investors

By Law Office of Frank Hammond • February 7, 2025
Portland, Oregon, is often described as an area of natural beauty. Coupled with the state's commitment to developing sustainable and eco-conscious practices, business startups and investors are required to comply with environmental laws and regulations if they want to grow their businesses and succeed. Whether you're launching a new enterprise, investing in local development, or expanding an existing business, it's essential to understand Oregon's environmental laws and how they can impact your business venture to demonstrate a commitment to the values of your state's community. At Law Office of Frank Hammond , we strive to help you understand your rights and obligations for complying with federal and state environmental law.

Clean Water Act Explainer: Section 403

By Law Office of Frank Hammond • January 7, 2025
The Clean Water Act (CWA) is a federal legislation passed in 1972 that is aimed at improving and protecting water quality throughout the United States. While Section 402 deals with the National Pollutant Discharge Elimination System (NPDES), Section 403 introduces additional requirements for discharges, specifically in territorial seas, contiguous zones, and oceans. At Law Office of Frank Hammond in Portland, Oregon, we're committed to helping businesses, developers, and municipalities understand their obligations under the CWA and operate responsibly to avoid legal complications. Here, we strive to break down what Section 403 entails, how it interacts with other provisions of the Clean Water Act, and its implications for business and corporate entities.

Clean Water Act Explainer: Section 402

By Law Office of Frank Hammond • November 12, 2024
Enacted in 1972 by the Congress, the Clean Water Act (CWA) is aimed at regulating water pollution to protect and maintain the integrity of the nation's waters. The primary objective of this Act is to restore and preserve the chemical, physical, and biological properties of water bodies across the country. Section 402 of the Clean Water Act establishes the National Pollutant Discharge Elimination System (NPDES) permit program, as outlined by the EPA, which is responsible for controlling the discharge of pollutants into navigable waters and ensuring compliance with wastewater standards. At Law Office of Frank Hammond , located in Portland, Oregon, we are dedicated to helping businesses and individuals understand the provisions of the Clean Water Act, particularly in obtaining and managing NPDES permits.

Clean Water Act Explainer: Section 401

By Law Office of Frank Hammond • November 8, 2024
The Clean Water Act (CWA) was established by the Congress and acts as the federal baseline for water quality standards in the United States and state authority regarding environmental protection. According to the Environmental Protection Agency, Section 401 of the Clean Water Act outlines key requirements for states and authorized tribes to protect the water quality of federally regulated waters through federally issued permits. At Law Office of Frank Hammond , our attorney is experienced in helping industry and large organizations understand their responsibilities for maintaining water quality and complying with the regulations laid out in Section 401 of the Clean Water Act.

6PPD-Q and You

April 23, 2024
N-(1,3-dimethylbutyl)-N'-phenyl-p-phenylenediamine or 6PPD is a chemical used in tire manufacturing to prevent them from breaking down. Friction between tires and the road causes 6PPD to be released in dust. When exposed to ozone in the air, 6PPD undergoes a chemical reaction and becomes 6PPD-quinone, or simply 6PPD-q. This new chemical then gets into waterways where it has been proven to be extremely hazardous for marine life. Marine die-offs beside roadways had been noticed before, but the pollutant responsible hadn’t been figured out. 6PPD-q was first discovered as that pollutant in December 2020 by scientists at the University of Washington-Tacoma and Washington State University. Coho salmon seem the most vulnerable to 6PPD-q, but it is toxic to other fish species like rainbow trout and chinook salmon. The discovery of 6PPD-q has caused a flurry of legal activity and regulation discussions. In 2022, the EPA launched a group to research 6PPD-q and how to prevent further fish deaths. Both California and Washington have included 6PPD-q in their chemical safety programs, and Oregon has released a primary report about ways to reduce 6PPD-q runoff. Management of tire wear runoff has been included in the draft of Washington’s stormwater permits, even though 6PPD-q has not been mentioned by name. This year, the EPA released a 6PPD-q test to better assess and manage water systems. Likewise, 6PPD-q has been the subject of multiple legal cases. The Yurok, Port Gamble S’Klallam, and Puyallup tribes petitioned the EPA to prohibit the use of 6PPD in tire manufacturing due to 6PPD-q’s effects on the salmon the tribes traditionally fish. The EPA agreed to the petition and has drawn up a plan to further research 6PPD and 6PPD-q and phase its use out of tire manufacturing. Shortly after the petition was granted, the Institute for Fisheries Resources (IFR) and the Pacific Coast Federation of Fishermen’s Associations (PCFFA) filed a joint suit against multiple tire manufacturers for their use of 6PPD, which endangers animals protected by the Endangered Species Act. Similarly, the Center for Biological Diversity sent an intent to sue letter to the California Department of Transportation, the US Department of Transportation, the Oregon Division of Federal Highway Administration, the National Marine Fisheries Services, and the Secretary of Commerce for alleged inactions related to road management, which led to 6PPD-q ending up in critical salmon habitat The legal issues surrounding 6PPD and 6PPD-q are coming fast. Those in the tire industry need to stay abreast of the issue, while some have an opportunity to invest in things like 6PPD-q cleanup and green infrastructure that will help prevent 6PPD-q from getting to the fish in the first place.

DEQ To Hold Meeting on House Bill 3220

April 9, 2024
DEQ is holding a rulemaking meeting on May 9th, 2024 at 9 am, seeking to clarify House Bill 3220. HB 3220 updates Oregon’s E-Cycles program, the state’s electronics recycling program. Amendments to HB 3220 have expanded the electronics accepted, increased the minimum number of collection sites, and added requirements for improving the state’s collection network. The May 9th meeting will focus on annual reporting and coordination requirements, financial compensation, and environmental management practices. There will be time for public comment, allowing regular folks to add their input to the rulemaking process.  The rulemaking contact is Rachel Harding, at 503-929-7125.

DEQ is open for public comments on proposed rule amendments on 2023 High Hazard Rail Tank Fee

By Jason Hammond • January 4, 2024
The Oregon Department of Environmental Quality has proposed permanent changes to OAR 340-141-0290, establishing a “per tank fee” on train cars carrying oil that enter the state. Under ORS 468B.435 (13)(c), a fee of up to $20 per car is authorized, to be paid by the owner of the crude oil; the DEQ’s proposed rule would establish a fee of $19 per car. DEQ has stated the fees would be used for railroad training exercises. DEQ is open for public comments on the proposed changes by email, post, and at a public hearing. Comments will be considered until January 22, 2024, at 4 pm. Comments can be emailed to hhrfee2023@deq.oregon.gov , and mailed to: Oregon DEQ Attn: Kyrion Gray/High Hazard Rail Planning Program 700 NE Multnomah Street, Suite 600 Portland, OR 97232-4100 The public hearing is on Tuesday, January 16, 2024, on Microsoft Teams at 10 am. Teleconference phone number: +1 503-446-4951, 100054706# Phone Conference ID: 100 054 706# Meeting ID: 220 575 203 918 Participant code: VYtUiL

How Hard Is It to Set Up a Mycoremediation Facility?

By Jason Hammond • October 24, 2023
One of the issues with recycling is the number of things that can’t be recycled traditionally – plastic, Styrofoam, and so on. The amount of waste produced by our modern lives can seem impossible. However, there’s another way to break down these materials – fungi. Mycoremediation is the process of using fungi to decontaminate polluted environments and break down things like plastics and heavy metals. Fungi have highly adaptable metabolisms and enzymes that allow them to digest a wide variety of unusual substances, from medication to petroleum. For instance, fungi can suck up heavy metal pollutants from soil and water. These metals concentrate in their fruiting bodies, which can be easily removed afterward. Depending on the pollutant being broken down, the mushroom can be removed and put in a hazardous waste facility or even be safe enough to eat. Either way, using fungi to remove pollutants is much easier than other methods of environmental remediation, which can involve labor- and time-intensive things such as complete removal of polluted soil. If fungi are used to break down solid waste, the mushrooms – even if they can’t be eaten – reduce the dangers of things such as PFAS, microplastics, or methane from landfills entering the environment. Mycoremediation has the potential to massively change how we dispose of our waste, but the process is still new and unexplored. For the potential mycoremediation entrepreneur, there’s no clear permitting path from Oregon DEQ. Instead, they must navigate the conversion technology facility permit process. 

Dealing with Trespassing Neighbors: When Legal Help Becomes Necessary

By Frank Hammond • September 21, 2023
As a lawyer who has handled many property disputes, I understand the importance of property rights and boundaries. Property disputes can be a headache, especially when your neighbor trespasses on your land. In this article, I’ll explore what you should do if you find yourself in this situation of a trespass, and why seeking legal help might be your best course of action.
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