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John Ashworth
503.248.1854
E-mail attorney

Practice areas

Environmental and natural resources law

Business Litigation


Chambers USA 2011


Best Lawyers

John P. Ashworth, Partner

AV RatingJohn Ashworth's practice emphasizes solutions to environmental problems and business litigation issues. He is licensed in Oregon and Washington, and does work for environmental clients in other western states. John represents businesses and individuals who face litigation, regulatory compliance issues, and contractual disputes in these areas of the law. John's goal for his clients is efficient and cost-effective resolution through mediation, settlement, and arbitration. However, as an experienced trial attorney, John knows that there are matters where a trial is necessary because a negotiated conclusion is not possible or desired.

John presently represents BNSF Railway Company, a member of the Lower Willamette PRP Group, in the sediment investigation and cleanup of the Portland Harbor Superfund Site and related Natural Resource Damages claims. He has represented national and international clients in other federal and state Superfund sites in Oregon, Washington and Montana. John has handled cleanups for manufacturing plants, agricultural operations, health care providers, dry cleaners, bulk fuel facilities, gas stations, auto shops, commercial properties and numerous other sites with contamination issues, and has defended citizen suits with attorney fee claims.

He has successfully represented clients in multi-million dollar environmental cleanup litigation involving multi-party Superfund sites (including mining sites), has defended and prosecuted cost recovery and contribution lawsuits, and has handled claims and litigation involving leakage from underground and above ground storage tanks, as well as other soil and groundwater contamination matters at commercial sites around the Northwest. John's environmental and contamination jury trials have included defending a BNSF Railway Company in a $90 million environmental lawsuit (obtaining a favorable verdict after a 6-week trial), prosecuting cost recovery claims against a contractor arising from work done on underground storage tanks, and successfully defending a supplier against claims of crop loss from allegedly contaminated liquid fertilizer. John also counsels clients on agency cleanups and regulatory compliance, and assists clients in appealing and resolving civil penalties. He regularly negotiates with the Oregon Department of Environmental Quality, the Washington Department of Ecology, and the United States Environmental Protection Agency. He assists clients in obtaining No Further Action determinations on their properties. He also counsels clients on resolving environmental issues arising from real estate transactions from the perspective of understanding and managing environmental risks with a goal of making the deal go through if economically feasible.

John's years of experience litigating and resolving commercial and business disputes provides important experience and "know how" to evaluate contractual risk allocation devices such as indemnity provisions and environmental representations, to prepare appropriate contractual language for transactions to protect the firm's clients, and to counsel clients on contract issues and handle business disputes and litigation.

Since 1993, John has served on the board of directors of a not-for-profit energy conservation company.

In his "spare time," John likes to fish, hike, and ski with his family and promotes carbon sequestration through a modest collection of guitars.

Professional and civic activities

Member, National Brownfield Association
Arbitrator, Multnomah County Circuit Court, Oregon
Board Member and Secretary, Portland Energy Conservation, Inc. (PECI), a not-for-profit energy conservation company (1993-present)
Member, Oregon Association of Defense Counsel
Multnomah County Bar Association
Oregon State Bar Association (Environmental and Natural Resources; Business Law; Business Litigation; Computer Law; Debtor-Creditor; Litigation)
Washington State Bar Association (Environmental and Land Use Law; Consumer Protection, Antitrust, and Unfair Business Practices; Creditor/Debtor; Litigation Sections)
Defense Expert Witness on Attorney fees in Clark v. Capital Credit & Collection Service, US District Court (Oregon) Civil No.: 03-CV-340-JE (2008)

Admitted to practice

Oregon, 1982
U.S. District Court for the District of Oregon, 1983
Washington Bar, 1984
U.S. District Court for the Western District of Washington, 1985
U.S. Supreme Court, 1988
U.S. Court of Appeals for the Ninth Circuit, 1989

Education

J.D., New York University School of Law, 1982
B.A., with distinction, Stanford University, 1976

Article

The Supreme Courts Landmark Decision in Burlington Northern: Demystifying the CERCLA Defense of Divisibility, Summer 2009

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