Jenna R. Mandell-Rice

• Advises Snohomish County Public Utility District with respect to relicensing of hydroelectric projects and CWA Section 401 certifications.
• Counsels Roza Irrigation District on all aspects of federal and state environmental permitting and use authorization for a proposed floating pumping plant located within the boundary of the U.S. Bureau of Reclamation’s Kachess Reservoir.
• Counsels clients on ESA compliance and litigation issues, including listing, critical habitat designation, consultation, and reintroduction of listed species.
• Represented operator of a FERC-licensed hydroelectric project in action brought by landowners alleging state-law claims for property damage. Obtained dismissal of all claims with prejudice.
• Counsels City of Tacoma on water rights and municipal water supply. Key issues include change and transfer of existing water rights, instream flows and fisheries, trust water and hydropower licensing.
• Provides counsel to several coalitions of industry groups and property owners in Washington and Oregon related to recent changes in the Federal Emergency Management Agency’s implementation of the National Flood Insurance Program. Responsibilities include: strategic counsel in response to several Biological Opinions issued by NOAA-Fisheries to FEMA regarding the effect of the NFIP on threatened and endangered species; litigation in federal court challenging implementation of the Biological Opinions; and legislative advocacy related to the pending reauthorization of the NFIP.

ESA Compliance and Litigation:

• Represents California water contractors in federal litigation defending Biological Opinions issued pursuant to the ESA regarding the effects of the State Water Project and the Central Valley Project on threatened and endangered species.
• Represented a California water agency in federal litigation pertaining to the Biological Opinion issued pursuant to the ESA regarding the effects of the California Waterfix project on threatened and endangered species.
• Represented an irrigation districts as defendant-intervenors in ESA litigation pertaining to the U.S. Army Corps of Engineers and the U.S. Bureau of Reclamation’s ESA compliance for several hydroelectric facilities; achieved dismissal of claims.
• Provided strategic counsel in response to several Biological Opinions regarding the effect of the National Flood Insurance Program on threatened and endangered species; represented coalition in litigation in federal court challenging implementation of the Biological Opinions.
• Provided strategic counsel to an irrigation district on ESA consultation regarding the effect of a water supply project on threatened and endangered species.

NEPA/SEPA Compliance and Litigation:

• Provides strategic counsel on all aspects of NEPA and SEPA analyses to a wide variety of project proponents, including in relation to an airport expansion project, sediment diversion projects, and water supply and infrastructure projects.
• Provided strategic counsel to an irrigation district on NEPA and SEPA compliance pertaining to the Kachess Drought Relief Pumping Plant.
• Represented an irrigation district as a defendant-intervenor in defending NEPA, SEPA, and ESA compliance for the Yakima Basin Integrated Water Management Plan and the Kachess Drought Relief Pumping Plant. Obtained dismissal of all claims.

CWA and FPA Compliance and Litigation:

• Represents hydroelectric licensee in federal litigation pertaining to discharge of pollutants without a National Pollutant Discharge Elimination System Permit.
• Advises hydroelectric operator on compliance with National Pollutant Discharge Elimination System permitting requirements.
• Advises public utilities with respect to relicensing of hydroelectric projects and CWA Section 401 certifications.
• Represents several hydroelectric licensees and utilities in challenges to Clean Water Act Section 401 water quality certifications before state administrative boards and in federal court.
• Advises hydroelectric licensees and utilities on compliance with state water quality standards.
• Represents hydroelectric licensee in FERC relicensing process for a pumped-storage project.
• Represented operator of a FERC-licensed hydroelectric project in action brought by landowners alleging state-law claims for property damage. Obtained dismissal of all claims with prejudice.

Water Rights

• Counsels public utilities and municipalities on water rights and municipal water supply. Key issues include change and transfer of existing water rights, instream flows and fisheries, trust water and hydropower licensing.
• Advises hydroelectric operator on water rights for a pump-storage project on the Colorado River.
• Prepared amicus curiae briefs for state association of municipal water utilities pertaining to municipal water law.
• Represents county in litigation pertaining to interpretation of minimum instream flow.