As the field of environmental law matures, the number of laws and the hosts of regulations and
guidances implementing them continues to grow at an alarming rate. By concentrating solely on
environmental law, I have gained experience in the areas set out below. This experience includes
counseling clients in environmental compliance matters, the performance of environmental due diligence
in real estate, lending and corporate transactions, and the representation of clients in federal,
state and local enforcement actions as well as in litigation with private parties in connection
with environmental controversies.
Industrial Solid and Hazardous Waste. The operation and effect of the Resource Conservation and Recovery Act ("RCRA"),
and analogous state laws, pertaining to the generation, recycling, handling, transportation and disposal
of industrial solid and hazardous waste.
Municipal Solid and Hazardous Waste. The operation and effect of the Solid Waste Disposal Act,
and analogous state laws, pertaining to the generation, recycling, handling, transportation,
processing and disposal of all classes of municipal waste.
Stormwater Permitting. The applicability of the NPDES Stormwater Permit requirements, as well as
that of state and local analogues, to diverse industrial, commercial and residential properties, the
permitting itself, as well as the prudent drafting of Storm Water Pollution Prevention Plans to
effectively manage federal, state, and local program liability, and representation in TNRCC and
EPA enforcement proceedings.
Water and Sewer Utility Regulation. Drafting certificates of convenience and necessity;
tariffs and operating rules and procedures for water and sewer utilities; advising clients with
respect to the effect of state statutes and regulations on the operation of such utilities and
customer relations; representation of clients before the TNRCC in rate increase, abandonment,
and cooperation agreement application proceedings.
Underground and Aboveground Storage Tanks. The operation and effect of the federal and state laws pertaining
to the registration, installation, operation, maintenance, upgrading, removal of and liability for the remediation
of releases from storage tanks.
Water Pollution. The operation and effect of the Clean Water Act, the Drinking Water Act,
and their state equivalents in connection with the permitting, generation, handling, treatment,
pre-treatment, recycling and discharge of industrial wastewater and stormwater runoff, as well
as the requirements of the federal Safe Drinking Water Act governing public and private water
systems for the distribution of potable water.
Wetlands. The operation and effect of the Clean Water Act as it relates to waters of the United
States and the definition of wetlands, and disturbance, permitting and mitigation matters subject
to the jurisdiction of the United States Army Corps of Engineers.
Air Pollution. The operation and effect of the Federal Clean Air Act and the Texas Clean
Air Act in relation to permitting (PSD, non-attainment, operating permits, and other related
state programs), federal clean air standards (NAAQS, NESHAP, NSPS, MACT, BACT, LAER, etc.), emissions
testing requirements, enforcement proceedings and citizen suits, among other things.
Superfund. The operation and effect of the Comprehensive Environmental Response, Compensation
and Liability Act ("CERCLA" or "Superfund") as it relates to liability for performance of remediation
at contaminated sites, or for contribution towards such remediation, by persons such as generators,
transporters, and site owners and operators, as well as their corporate successors, parents, and affiliates.
Oil & Gas. The operation and effect of the Texas Natural Resources Code as it relates to the
environmental aspects of oil and gas exploration, production, transportation and refining, including
recycling, the proper handling transportation and disposal of various produced liquids, chemicals,
and oil and gas wastes, and the characterization of wastes and assessment of their status under the Bevill Amendment.
Environmental Due Diligence. Evaluating the environmental liabilities and/or exposure attendant on the purchase
and sale of real estate or corporate stock or assets, or the potential environmental impact of a borrower’s current
or proposed operations and assets on a lander contemplating a loan to the borrower, as well as customizing environmental
terms and conditions to particular transactions and negotiating environmental language for such transactions.
Institutional Environmental Audits. Evaluating a client’s environmental compliance for purposes of ensuring
compliance with applicable laws while minimizing discoverable documents relating to any non-compliance, as well
as recommending preventative actions and procedures to minimize both civil and criminal environmental risks,
personal and corporate, and the documentation advisable to demonstrate proper environmental diligence.
Emergency Planning and Community Right to Know Act ("EPCRA"). The operation and effect of EPCRA as it
relates to proper hazardous substance reporting and inventory procedures and requirements to prepare emergency
plans for extremely hazardous chemicals.
Toxic Substances. The operation and effect of the Toxic Substances Control Act ("TSCA") as it relates to
chemical "pre-manufacture" notification, periodic reporting, proper assessment of the hazards of newly
manufactured chemicals, and the proper handling (or avoidance) of hazardous substances such as PCB's, asbestos,
and other regulated substances.
Endangered Species. The operation and effect of the Endangered Species Act as it relates to the protection of
endangered plant and animal species and their critical habitats and the affect this has on the development and use
of property and other natural resources.
OSHA. The operation and effect of the Occupational Safety and Health Act as it relates to hazard
communication programs and training, permissible exposure limits for hazardous substances and other aspects
of occupational environmental health, including asbestos notification requirements and work practices for
Transportation of Hazardous Materials. The operation and effect of the Hazardous Materials Transportation Act,
the Ocean Dumping Act, and the Coastal Zone Management Act as they relate to the handling, transport and disposal
of toxic substances and other pollutants.
Medical Waste. The operation and effect of state medical waste laws as they relate to the health care industry
and the proper management of medical waste.
Insurance Coverage. Evaluation of insurance coverage questions in connection with environmental
claims for both insureds and carriers.
The National Environmental Policy Act ("NEPA"). The operation and effect of NEPA and the requirements
for environmental assessments and environmental impact statements under NEPA. In this regard I co-drafted
an amicus curiae brief on behalf of the Border Trade Alliance filed in a successful effort to overturn a D.C.
District Court case holding that the NAFTA was subject to the NEPA environmental impact statement requirement.
FIFRA. The operation and effect of the Federal Insecticide, Fungicide and Rodenticide Act and the analogous
state law counterparts, including the prosecution of pesticide registration applications and the negotiation of
Noise Pollution. The operation and effect of the Noise Pollution Act, which regulates the permissible
level of noise generated by motor vehicles, airplanes, industrial machinery and railroads.
My experience also includes considerable research into and analysis of the environmental laws of a number of
Latin American countries, particularly Mexico, Chile and Argentina, I have also co-authored the environmental
chapter entitled "Environmental Provisions of NAFTA" for "NAFTA & Beyond-A New Framework for Doing Business
in the Americas," published in October 1994 by Klewers Martinus Nijhoff Publishers.