Concentration

Summary

Representative Engagements

Litigation

• In re: ASARCO LLC – First chaired defense of State's $112 million claim for response costs under CERCLA and the Washington Model Toxics Control Act arising from alleged air deposition of contaminants from former smelter
• GHASP v. USEPA – Argued before the United States Court of Appeals for the 5th Circuit on behalf of industry intervenors in environmental group's challenge to USEPA approval of the Houston Galveston Brazoria Area ozone Stale Implementation Plan
• In re: ASARCO LLC – First chaired defense of $11 million CERCLA and state law contribution claim asserted by Potentially Responsible Party at mining district cleanup site near Bayard, New Mexico
• Differential Development v CBRE – Represented property owner plaintiff in dispute with property management company regarding dry cleaner contamination at state cleanup site in Houston
• In re: ASARCO LLC – First chaired defense of $9 million CERCLA and state law contribution claim by Potentially Responsible Party group at waterway sediment cleanup site in Tacoma, Washington
• Exploration and Production Company – Defense of multiple lease-based oilfield remediation cases in Louisiana
• City of Waco v. Schouten et al. – Defended CAFO operator in landmark CERCLA, federal Clean Water Act and state law citizen suit brought by municipality against numerous agricultural defendants
• Sierra Club v. USEPA et al. – Argued before the United States Court of Appeals for the 5th Circuit on behalf of industry intervenors in environmental groups' challenge to approval of Texas's Clean Air Act Title V permitting program
• Alcoa v. Whittaker – Lead environmental counsel in plaintiff's CERCLA and TSWDA contribution action relating to groundwater contamination at manufacturing facility
• Major integrated oil company – Defense of RCRA citizen suits relating to UST sites in Puerto Rico
• Major integrated oil company – Defense of State Clean Air Act enforcement case brought by Attorney General relating to alleged emissions events at Texas refinery

Bankruptcy Matters

• In re: ASARCO LLC – Lead environmental counsel handling $6.5 billion in environmental claims and day-to-day compliance matters at approximately 75 sites in 19 states (AL, AR, AZ, CA, CO, ID, IL, IN, KS, MO, MT, NE, NJ, NM, OH, OK, TX, UT, WA) and Canada for integrated copper mining, smelting and refining company

Crisis Management

• Specialty chemical company – First response to plant explosion addressing investigation by regulatory agencies and insurance companies
• Unnamed client – Response to grand jury investigation alleging criminal violations of RCRA at closed site in Montana
• Major refining company - Response to state grand jury subpoena regarding alleged Clean Water Act violations
• Major refining company – First response to OSHA, CSB and TCEQ investigation of chemical release
• Major oilfield services company – Response to federal grand jury subpoena regarding alleged RCRA violations

Compliance Counseling

• Integrated mining company – Oversaw day to day air, waste and water matters for integrated mining company including negotiation of landmark CERCLA and state law Agreed Order on Consent addressing residential cleanup at operating site subject to bankruptcy proceeding; secured air, water and storm water permits, coordinated multimedia compliance audits
• Exploration and production company – Advice on RCRA corrective action associated with closure of a former field refining facility and storage pits
• Oilfield products manufacturer – Advised on Department of Transportation requirements relating to transport of hazardous materials
• Pipeline company – Represented an interstate natural gas pipeline company in dispute with a local distribution company, state agency and EPA over PCB Megarule compliance issues
• Pipeline company – Negotiated CERCLA consent decree at waste pit disposal site
• Trust management company – Coordinated cleanup of contaminated commercial site under state voluntary cleanup program
• Commercial real estate venture – Coordinated cleanup and redevelopment of contaminated manufacturing facility
• Exploration and production company – Defense of OSHA citation for alleged unsafe work practices at drilling site
• Oilfield services company – Advised on compliance with BATFE explosives regulations

Publications, Speeches and Presentations

• Law Seminars International Advanced Conference on Natural Resource Damages: "Bankruptcy and NRD (Lessons from the Asarco bankruptcy)," July 2010
• Platts Texas Power Forum – "The Future of Texas Power Supply Amid Carbon Constraints and Other Environmental Restrictions," June 2010
• "Environmental Justice 2.0 – An Enforcement Priority," Environmental Law360, February 2010 (co-authored with Zachary L. Craft)
• "The Path to Environmental Criminal Enforcement," Houston Bar Association, Houston, December 2009
• "Environmental Issues in Bankruptcy: Lessons from In re: ASARCO," BNA Webinar on Environmental Issues, November 2009
• "Environmental Litigation: Holding Court With Nature," Advanced Business Litigation, University of Houston Law Foundation, Houston and Dallas, September 2004
• "Release Reporting in the Era of Criminal Enforcement," American Bar Association, Environment, Energy and Resources Section, Conference on Environmental Law, Keystone, Colorado, March 2001