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Practice Areas - Environmental
Our firm's attorneys are well-versed in all aspects of Environmental Law. We assist clients in all phases of wastewater permitting, storm water regulation, and Clean Water Act § 404 permitting. We help clients obtain permits for municipal, industrial, hazardous, and radioactive waste disposal, including incineration, waste storage and disposal facilities, and landfills. Our attorneys are experienced in air quality law and its application, including the development of state implementation plans, air emissions permitting of facilities and equipment, enforcement, and allowance trading. In light of ever-changing enforcement regulations and the maze of federal and state regulations, clients rely on our firm to assist them in maintaining compliance, avoiding or minimizing time spent in enforcement proceedings and, if necessary, negotiating with federal and state decision makers. We also advise and assist governmental and private-sector clients on matters related to the National Environmental Policy Act (NEPA) and the federal Endangered Species Act (ESA). Our attorneys represent clients dealing with the United States Fish & Wildlife Service (USFWS), U.S. Army Corps of Engineers (COE), and other federal agencies on issues related to ESA and NEPA compliance. Our Environmental Law practice includes:
Matter Example:
Our firm represented the Coalition of 154 Texas Counties in its federal court appeal of the Environmental Protection Agency's (EPA) regulations concerning Phase II storm water, which were enacted to regulate discharges from small municipal separate storm sewer systems (MS4s). Our client challenged the Phase II rules on the basis that they compelled operators of small MS4s to regulate third parties, in contravention of the Tenth Amendment of the United States Constitution. While the 9th Circuit Court of Appeals ultimately upheld the EPA's rules, we continued to represent the Coalition before the Texas Commission on Environmental Quality (TCEQ) on storm water matters to help ensure that the TCEQ rules appropriately considered the authority of Texas counties to regulate storm water.
Wastewater Permits, Water Quality Standards and Variances
We help clients prepare and file wastewater permit applications with the TCEQ, including requests for site-specific standards and variances from the water quality standards. For example, our firm recently represented an East Texas city in its efforts to obtain amended municipal wastewater permits with a site-specific variance to the water quality standards for dissolved oxygen. We also represent clients before the State Office of Administrative Hearings (SOAH) and TCEQ in administrative litigation concerning the issuance of permits.
Storm Water and Non-Point Source Pollution Regulation
We represent local governments before the TCEQ and EPA on issues relating to storm water regulations and permitting, including municipal separate storm water system permits, construction storm water permits, and industrial storm water permits. We prepare non-point source pollution regulations on behalf of our local government clients. We also represent entities commenting on storm water and other non-point source regulations proposed by the TCEQ and EPA.
Clean Water Act § 404 Permitting
We assist clients in obtaining Clean Water Act § 404 permits from the COE for dredge-and-fill activities, and we guide clients through the Clean Water Act§ 401 state certification process. For example, we represented the Lavaca-Navidad River Authority on § 404 permitting issues related to construction of the raw water pipeline that sends water from Lake Texana to the City of Corpus Christi.
We help clients prepare and file wastewater permit applications with the TCEQ, including requests for site-specific standards and variances from the water quality standards. For example, our firm recently represented an East Texas city in its efforts to obtain amended municipal wastewater permits with a site-specific variance to the water quality standards for dissolved oxygen. We also represent clients before the State Office of Administrative Hearings (SOAH) and TCEQ in administrative litigation concerning the issuance of permits.
Storm Water and Non-Point Source Pollution Regulation
We represent local governments before the TCEQ and EPA on issues relating to storm water regulations and permitting, including municipal separate storm water system permits, construction storm water permits, and industrial storm water permits. We prepare non-point source pollution regulations on behalf of our local government clients. We also represent entities commenting on storm water and other non-point source regulations proposed by the TCEQ and EPA.
Clean Water Act § 404 Permitting
We assist clients in obtaining Clean Water Act § 404 permits from the COE for dredge-and-fill activities, and we guide clients through the Clean Water Act
Municipal Solid Waste Disposal and Non-Hazardous Industrial Waste Disposal
We represent local governmental entities applying to the TCEQ for new or amended permits for municipal solid waste facilities or protesting the issuance of such TCEQ permits. For example, our firm represented a North Texas city in its protest of a permit for a municipal solid waste facility that was to be located within the corporate limits of the city. The case was ultimately settled. We also assist municipal clients in drafting siting requirements for new municipal solid waste facilities and in obtaining regulatory approvals for landfills for non-hazardous industrial waste and combustion waste.
Hazardous and Radioactive Waste Disposal
We represent clients in obtaining federal and state permits or licenses for waste incineration, landfills, and hazardous and radioactive waste management, storage, and disposal facilities. For example, we represented the Texas Low-Level Radioactive Waste Disposal Authority in its permit application for a Hudspeth County facility.
Brownfields, Superfund Sites, Remediation, and Voluntary Cleanup
We assist clients with remediation of brownfields, historically contaminated industrial properties, and aboveground and underground storage tank facilities. We represent and guide clients through the state Voluntary Cleanup Program and Innocent Owner/Operator Program and assist those clients in restoring unused or under-used properties to an economically productive or beneficial use. We also represent clients in litigation and negotiation of settlements involving liability for contamination of property, including federal and state Superfund sites.
We represent local governmental entities applying to the TCEQ for new or amended permits for municipal solid waste facilities or protesting the issuance of such TCEQ permits. For example, our firm represented a North Texas city in its protest of a permit for a municipal solid waste facility that was to be located within the corporate limits of the city. The case was ultimately settled. We also assist municipal clients in drafting siting requirements for new municipal solid waste facilities and in obtaining regulatory approvals for landfills for non-hazardous industrial waste and combustion waste.
Hazardous and Radioactive Waste Disposal
We represent clients in obtaining federal and state permits or licenses for waste incineration, landfills, and hazardous and radioactive waste management, storage, and disposal facilities. For example, we represented the Texas Low-Level Radioactive Waste Disposal Authority in its permit application for a Hudspeth County facility.
Brownfields, Superfund Sites, Remediation, and Voluntary Cleanup
We assist clients with remediation of brownfields, historically contaminated industrial properties, and aboveground and underground storage tank facilities. We represent and guide clients through the state Voluntary Cleanup Program and Innocent Owner/Operator Program and assist those clients in restoring unused or under-used properties to an economically productive or beneficial use. We also represent clients in litigation and negotiation of settlements involving liability for contamination of property, including federal and state Superfund sites.
Major Source Permitting, Allowance Trading, and State Implementation Plan Development
We advise and assist our clients who are obtaining or opposing air quality permits for facilities and equipment and in connection with air emissions allowance trading. We recently represented a German power company in obtaining its air quality permit for a gas-fired electric generation facility in East Texas. Our attorneys represent clients about a variety of matters involving the development, implementation, and compliance with state implementation plans (SIPs), including litigation relating to SIP compliance and associated programs.
We advise and assist our clients who are obtaining or opposing air quality permits for facilities and equipment and in connection with air emissions allowance trading. We recently represented a German power company in obtaining its air quality permit for a gas-fired electric generation facility in East Texas. Our attorneys represent clients about a variety of matters involving the development, implementation, and compliance with state implementation plans (SIPs), including litigation relating to SIP compliance and associated programs.
TCEQ and EPA Enforcement Actions and Supplemental Environmental Projects
We represent clients facing enforcement for alleged environmental violations before the TCEQ and EPA, both in negotiating with the agencies to try to lower or eliminate monetary fines or other sanctions and in enforcement hearings before those agencies. We also assist clients in developing and negotiating supplemental environmental projects (SEPs), which may sometimes be implemented in lieu of paying all or a portion of a penalty.
Municipal and District Enforcement of the Texas Water Code
We represent municipalities and water districts in civil actions against persons who have violated the Texas Water Code or municipal or district rules relating to the provision of wastewater service.
Environmental Management Systems, Compliance Audits, and Environmental Assessments
We help public and private entities to develop effective environmental management systems, allowing them to maintain regulatory compliance with state and federal environmental laws. We assist in completing and reviewing compliance audits to determine whether a facility is in compliance with state and federal regulations. We work with technical consultants to develop risk-reduction plans to address compliance problems found in audits. We also assist cities, counties, and junior colleges in negotiating and financing energy and water conservation contracts pursuant to Chapter 302 of the Local Government Code and Chapter 44 of the Texas Education Code. We counsel private and public clients as they conduct Phase I and Phase II environmental assessments and assist with corrective action when needed for the sale or purchase of real property.
We represent clients facing enforcement for alleged environmental violations before the TCEQ and EPA, both in negotiating with the agencies to try to lower or eliminate monetary fines or other sanctions and in enforcement hearings before those agencies. We also assist clients in developing and negotiating supplemental environmental projects (SEPs), which may sometimes be implemented in lieu of paying all or a portion of a penalty.
Municipal and District Enforcement of the Texas Water Code
We represent municipalities and water districts in civil actions against persons who have violated the Texas Water Code or municipal or district rules relating to the provision of wastewater service.
Environmental Management Systems, Compliance Audits, and Environmental Assessments
We help public and private entities to develop effective environmental management systems, allowing them to maintain regulatory compliance with state and federal environmental laws. We assist in completing and reviewing compliance audits to determine whether a facility is in compliance with state and federal regulations. We work with technical consultants to develop risk-reduction plans to address compliance problems found in audits. We also assist cities, counties, and junior colleges in negotiating and financing energy and water conservation contracts pursuant to Chapter 302 of the Local Government Code and Chapter 44 of the Texas Education Code. We counsel private and public clients as they conduct Phase I and Phase II environmental assessments and assist with corrective action when needed for the sale or purchase of real property.
NEPA and ESA Environmental Impact Assessments, Compliance, and Interagency Consultation
We advise clients on NEPA requirements and compliance, and our attorneys regularly assist in the preparation and review of environmental assessments and environmental impact statements. We also assist clients in evaluating ESA issues related to the construction of major facilities. For example, we have advised our clients regarding ESA issues related to the construction of facilities, such as a major water supply pipeline and an international bridge. We also advise and assist our clients with respect to ESA Section 9 enforcement issues. For example, our firm represented landowners in a federal case involving allegations that Edwards Aquifer pumping caused "takings" under ESA Section 9 and seeking court-ordered limitations on such pumping. We also represented two cities and several agricultural pumpers in a federal class-action suit filed by the Sierra Club challenging pumping from the Edwards Aquifer on the basis that pumping caused takings of listed species in the Comal Springs and San Marcos Springs.
We advise clients on matters involving interagency consultation under ESA Section 7. For example, we represented the American Farm Bureau Federation in litigation brought by the Sierra Club against the U.S. Department of Agriculture, alleging failure to consult with the USFWS in connection with the Department's farm supplemental payments program.
ESA Rulemaking (Listing and Critical Habitat Designation)
We advise and assist clients with respect to ESA Section 4 critical habitat designation issues, including preparation and submission of comments to the USFWS regarding proposed designations, endangered species conservation plans, and species recovery plans. Our attorneys also advise both public and private clients with respect to the USFWS's listing of species as either "endangered" or "threatened" under the ESA, including preparation and submission of comments to the USFWS regarding proposed listings. For example, we assisted clients in preparing comments to the USFWS concerning a proposed change of critical habitat designation for the Rio Grande silvery minnow and the Arkansas River Shiner and concerning the Hill Country Habitat Conservation Plan.
NEPA and ESA Litigation
We have extensive experience litigating NEPA and ESA challenges. Our attorneys have litigated NEPA issues related to the ESA claims brought in the multiple Edwards Aquifer lawsuits and we have defended municipalities in litigation involving NEPA challenges to highway and international bridge construction. For example, we represented the City of Laredo in litigation concerning the adequacy of the environmental impact statement for the Clean Water Act § 404 permit for the Laredo World Trade Bridge. We have also represented local governments in NEPA challenges involving the construction of highways, water delivery pipelines, an airport runway at a major international airport, a fuel pipeline, and an inspection station at an international crossing.
We advise clients on NEPA requirements and compliance, and our attorneys regularly assist in the preparation and review of environmental assessments and environmental impact statements. We also assist clients in evaluating ESA issues related to the construction of major facilities. For example, we have advised our clients regarding ESA issues related to the construction of facilities, such as a major water supply pipeline and an international bridge. We also advise and assist our clients with respect to ESA Section 9 enforcement issues. For example, our firm represented landowners in a federal case involving allegations that Edwards Aquifer pumping caused "takings" under ESA Section 9 and seeking court-ordered limitations on such pumping. We also represented two cities and several agricultural pumpers in a federal class-action suit filed by the Sierra Club challenging pumping from the Edwards Aquifer on the basis that pumping caused takings of listed species in the Comal Springs and San Marcos Springs.
We advise clients on matters involving interagency consultation under ESA Section 7. For example, we represented the American Farm Bureau Federation in litigation brought by the Sierra Club against the U.S. Department of Agriculture, alleging failure to consult with the USFWS in connection with the Department's farm supplemental payments program.
ESA Rulemaking (Listing and Critical Habitat Designation)
We advise and assist clients with respect to ESA Section 4 critical habitat designation issues, including preparation and submission of comments to the USFWS regarding proposed designations, endangered species conservation plans, and species recovery plans. Our attorneys also advise both public and private clients with respect to the USFWS's listing of species as either "endangered" or "threatened" under the ESA, including preparation and submission of comments to the USFWS regarding proposed listings. For example, we assisted clients in preparing comments to the USFWS concerning a proposed change of critical habitat designation for the Rio Grande silvery minnow and the Arkansas River Shiner and concerning the Hill Country Habitat Conservation Plan.
NEPA and ESA Litigation
We have extensive experience litigating NEPA and ESA challenges. Our attorneys have litigated NEPA issues related to the ESA claims brought in the multiple Edwards Aquifer lawsuits and we have defended municipalities in litigation involving NEPA challenges to highway and international bridge construction. For example, we represented the City of Laredo in litigation concerning the adequacy of the environmental impact statement for the Clean Water Act § 404 permit for the Laredo World Trade Bridge. We have also represented local governments in NEPA challenges involving the construction of highways, water delivery pipelines, an airport runway at a major international airport, a fuel pipeline, and an inspection station at an international crossing.
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Attorneys who practice Environmental
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An Overview of Texas Water Rights and Water Development