Douglas C. MacCourt

Of Counsel *

Oregon, Alaska, Ninth Circuit Court of Appeals, U.S. District Court of Oregon, U.S. District Court of Alaska

Biography

 Mr. MacCourt has nearly 30 years of experience representing Native American tribes, tribal businesses and enterprises, Alaska Native Corporations, local governments and industry on all areas of environmental, energy and economic development activities on and off tribal lands across the United States. Doug has a national practice in environmental permitting, compliance and cleanup including Oregon water and land use laws, CERCLA and RCRA investigations, NEPA, Clean Water Act, Clean Air Act, Historic Preservation Act and other federal, state and tribal laws.

Doug joined Rosette in 2017, following his appointment as Senior Policy Advisor to the U.S. Department of Energy, Office of Indian Energy. At DOE, Mr. MacCourt developed and implemented policy to advance renewable and fossil fuel energy projects across the lower 48 states and Alaska. Mr. MacCourt represents clients at all levels of administrative proceedings, federal and state court trials and appeals, and before state and federal legislative bodies to obtain funding and other project approvals. Prior to his DOE appointment, he was listed in Best Lawyers in America in the Native American and Natural Resources Law categories, and in Chambers USA: America’s Leading Lawyers for Business. Doug has the highest AV® (5.0) rating and was selected as a Top Rated Lawyer in Land Use and Zoning by American Lawyer Media and Martindale-Hubbell™.

* Mr. McCourt is admitted to practice law only in Oregon and Alaska.

Representative Matters

  • Lead counsel to a Southwest Tribe on development of energy facilities on contaminated mine tailings.
  • Successfully defended a $450 million claim against a wood products client for mine tailings contamination of surface and groundwater.
  • Lead counsel to international pipe manufacturer including investigation, remediation and liability protection for client concerning radioactive contamination.
  • Lead counsel to Navajo tribal enterprise for development of high-voltage transmission, and electrical generation projects including coal, wind and solar energy on the Navajo Nation.
  • Advised tribes across the United States and Alaska concerning acquisition and development of renewable and fossil-fuel energy facilities.
  • Lead counsel for investigation, cleanup and redevelopment of three contaminated aluminum smelter properties adjacent to the Columbia River including waste removal and remediation.
  • Tax credits, FERC and Oregon Energy Facility Siting Council (EFSC) approval for a $100 million, 90 Mw high-efficiency cogeneration facility.
  • Lead counsel to an Alaska Native Corporation on energy generation and transmission projects, port facility development, joint ventures and economic development.
  • Land use counsel for mining, pulp and paper, and telecommunications industries, including permits and business energy tax credits for $90 million improvements to region’s largest producer of recycled-content newsprint.
  • Led Endangered Species Act compliance with tribal coalition and City of Portland in response to 4(d) Rule.
  • Guidance on Endangered Species Act and Clean Water Act compliance and permitting for ship repair facilities, industries and local government on the Willamette River.
  • Lead counsel for oil spill claims and environmental, natural resource damages, health and safety and spill response obligations on Willamette River.
  • Prepared and successfully advocated community development plans and litigated land use issues for Oregon coastal communities.

Education

University of Oregon, J.D., 1988
Editor, Journal of Environmental Law and Litigation
Certificate, Natural Resources and Environmental Law

Humboldt State University
B.S., Natural Resources cum laude, 1983
Graduate Research, College of Engineering 1985

Achievments

Board of Directors:
NW Environmental Business Council (NEBC)

National Association of Local
Government Environmental
Professionals (NALGEP)

Policy Advisor:
US-Germany Bilateral Working
Group, United States Environmental
Protection Agency

Executive Committee & Past Chair:
Oregon State Bar (OSB) Indian Law
Section

Member:
OSB Environmental and Natural
Resources Section
OSB Real Estate and Land Use
Section

American Bar Association, Natural
Resources and Environmental Law
Section; Native American
Subcommittee

Representative Publications

Oil, Gas and Renewable Energy on Tribal Lands: The New Landscape, Law Seminars International, July 2013.

Renewable Energy Development in Indian Country: A Handbook for Tribes. A Project for the National Renewable Energy Laboratory (NREL) and the Alliance for Sustainable Energy. 2010.

Environmental Insurance. The Year in Review: 2003, 2004, 2005, 2006, 2007. American Bar Association.

Superfund and Brownfields: Origins and Evolution of Federal Cleanup Law in the US. Journal for European Environmental & Planning Law. 2006.

Solid Waste Law and Regulation. Environmental Deskbook. Oregon State Bar. 2002 and 2006.

Contact Info

Washington, D.C. Office
Tel: (202) 652-0579
F:(202) 525-5261
Portland, OR Office
Tel: (503)927-3362
Cel: (503)705-6031