Environmental Law for Portland Startups and Investors

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.

Why Environmental Compliance Matters for Startups and Investors

Portland has built its reputation as an innovative and environmentally conscious city. This reputation adds significant value to businesses that align with the community's environmental ethics, but it also denotes certain legal responsibilities. 


For startups, understanding state and local environmental laws can prevent costly delays in operations or the loss of public trust if violations occur. For investors, performing your due diligence regarding the environmental impact of the projects you fund is essential to mitigate potential financial and reputational risks.


Businesses that fail to comply with Oregon’s environmental regulations could potentially be subject to fines, lawsuits, and permit delays. More importantly, a tarnished reputation due to environmental violations could alienate customers and partners in a region where eco-consciousness is commonly and positively viewed.

Key Environmental Laws and Regulations in Oregon

Oregon has stringent environmental laws that are designed to protect its lands, water, and ecosystems. These laws and regulations place responsibility on businesses and investors to act sustainably and responsibly. Some of the primary environmental laws startups and investors should be aware of include the following.

Air Quality Regulations

The Oregon Department of Environmental Quality (DEQ) requires businesses that may produce potential air emissions to obtain appropriate air quality permits. For Portland startups in manufacturing, food processing, or similar industries, understanding these regulations and applying for permits is critical. Failure to do so can lead to fines, operational halts, and negative public perception.

Water Quality and Wetlands Protection

Water quality is another significant area of concern. If your startup or investment project involves stormwater discharge, construction near wetlands, or any activities that may impact surface or groundwater quality, you're likely subject to both federal and state water quality regulations. 


Oregon is particularly proud of its rivers and watersheds. Therefore, startups and investors are required to comply with Section 401 permits under the Clean Water Act, as well as local DEQ stormwater and wastewater permits. Attorney Frank Hammond is experienced in handling water quality cases and can help identify project-specific requirements that might require federal or state permits. 

Land Use and Development Restrictions

Portland and the surrounding areas in Oregon have strict land-use planning laws, primarily governed by the Oregon Department of Land Conservation and Development. Startups and investors looking to construct new facilities or repurpose existing ones must ensure compliance with zoning regulations and environmental requirements aligned with land conservation goals. 


Oregon’s urban growth boundaries play a critical role in determining where development is permissible. Attorney Frank Hammond is skilled in helping businesses understand land use and development regulations and secure the necessary approvals to mitigate business and environmental risks.

Hazardous Waste Compliance

Oregon enforces rigorous standards for hazardous material use, storage, and disposal. Startups dealing with chemicals or waste are required to comply with the state’s Resource Conservation and Recovery Act (RCRA) equivalent requirements. 


At our firm, our goal is to work closely with businesses to develop strategies for safe management practices, avoid enforcement actions, and help ensure sustainability throughout their operations.

Local Renewable Energy and Sustainability Initiatives

Oregon, and Portland in particular, has taken bold strides in encouraging renewable energy and sustainability initiatives. Startups focusing on clean energy or sustainable practices may even benefit from local and state grants, tax credits, and incentives. 


However, accessing these opportunities requires businesses and investors to comply with strict environmental standards and to have a clear understanding of the eligibility criteria. At Law Office of Frank Hammond, we strive to help startups and investors understand the state's environmental regulations and take proactive steps to integrate sustainability into their business practices.

Environmental Challenges for Portland Startups

Portland’s thriving entrepreneurial community often intersects with the city’s equally strong environmental advocacy. While this enables a supportive ecosystem for green businesses, it also means heightened scrutiny for companies that fail to align with environmental goals. Businesses seeking to expand in Portland often face unique challenges, such as the following:


  • Community pushback: Portland residents are vocal about environmental concerns, particularly when it comes to industrial development or activities that might disrupt ecological balance.
  • Sustainability expectations: Startups are expected to integrate sustainability into their core operations. Transparency in environmental compliance and proactive green initiatives commonly stand out in Portland’s competitive market.
  • Layered regulations: Oregon startups must comply not only with state and federal laws but also local regulations specific to Portland and Multnomah County.


To understand and overcome these challenges, startups and investors will require a well-informed strategy paired with the guidance of a skilled attorney who understands Portland’s environmental and business landscape.

How Our Firm Can Help

At Law Office of Frank Hammond, we work closely with Portland-based startups and investors to make sure they comply with environmental laws and regulations while fostering innovation and growth. Some of the ways our firm can help provide value include:


  • Comprehensive compliance review: We strive to help identify applicable environmental regulations and make sure startups and projects remain compliant throughout every stage, from permitting to daily operations.
  • Sustainable business planning: We help businesses develop strategies that integrate sustainability into their core operations. From waste management plans to sustainable supply chain practices, we strive to provide the legal foundation for eco-conscious decision-making.
  • Risk assessment and due diligence: Mitigating risk is crucial for investors. Our attorney can help conduct thorough due diligence on potential investments and assess environmental liabilities and compliance histories to better protect your business interests.
  • Permit applications and approvals: We are experienced in guiding clients through the application, assessment, and approval stages to help minimize delays and complications.
  • Advocacy and community representation: If your project encounters pushback from local communities or advocacy groups, we can help mediate and advocate for your startup’s goals while promoting transparency and environmental responsibility.

Moving Forward with Innovative and Sustainable Practices

Portland’s vibrant economy thrives on innovation and sustainability. For startups and investors, those two qualities must go hand in hand. By aligning your business practices with Oregon's environmental laws, you can position yourself to comply with legal standards and build credibility in the eyes of customers, partners, and community members.


At Law Office of Frank Hammond, we understand that understanding Oregon can feel overwhelming. From local development regulations to state permitting requirements, the established laws and regulations are intricate. However, you don’t have to face these challenges alone. We strive to provide experienced guidance and advocacy tailored to your individual needs.


If you're ready to move forward with your Portland-based startup or investment, contact us today for help ensuring compliance with Oregon environmental law. Located in Portland, Oregon, we serve clients throughout the surrounding areas.

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.

Biodiversity and the Law

By 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.

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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