Education and Honors

  • J.D. (with honors), The University of Texas School of Law, 1981
  • B.S. (magna cum laude), textile technology and textile chemistry, Texas Tech University, 1978
    Outstanding Engineering Student
    Engineering Student Council
  • The International Who’s Who of Business Lawyers in environmental law, 2004, 2006, 2008, 2010 and 2011

    Chambers USA: America’s Leading Lawyers for Business in environmental law, 2003-2014

    The Best Lawyers in America in environmental, administrative, and water law, 1995-2014

    Named “Lawyer of the Year for 2014” by The Best Lawyers in America for administrative/regulatory law in Austin

    Named “Lawyer of the Year for 2011” by The Best Lawyers in America for environmental in Austin

    Euromoney’s Guide to the World’s Leading Lawyers - Best of the Best USA in environmental law, 2009

    The Legal 500 U.S. in environment litigation, 2007 - 2010, 2013

    Who’s Who Legal: Texas in environmental law, 2007 and 2008

    Recognized as a Texas Super Lawyer, 2003-2013

    “Top 50 Central and West Region Super Lawyers,” Texas Monthly, 2003

    “Top 50 Women Super Lawyers,” Texas Monthly, 2003

    “Top Notch Lawyer” in environmental law, Texas Lawyer’ Go-To Guide, 2002 and 2007

Admissions and Affiliations

State Bar of Texas

Texas Supreme Court

United States Court of Appeals for the Fifth Circuit

Member: Administrative and Public Law, and Environmental and Natural Resources Law Sections, State Bar of Texas; Board of Directors of the Texas Water Conservation Association, 1999

Served: Task Force 21, a regulatory negotiation committee for developing environmental rules and policies in Texas, at the request of the Texas Natural Resource Conservation Commission

Fellow, American College of Environmental Lawyers

American Bar Association

Molly Cagle

Partner

98 San Jacinto Boulevard
Suite 1500
Austin, Texas 78701-4078
United States
Phone:
+1.512.322.2535
Fax:
+1.512.322.3635

Summary

Molly counsels clients on virtually every kind of environmental matter and represents them before various agencies and in federal and state courts. Chambers USA described her in their 2004 publication of America’s Leading Business Lawyers as a “renaissance lawyer, a true litigator” who is especially praised for her “effectiveness” and “top notch negotiation skills.”

In the enforcement area, she has litigated and negotiated settlements for clients under the Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, and their state analogs, as well as Superfund. Molly has counseled on audit issues, under both the state audit law and federal policy. She also has both resolved and tried disputes regarding water supply and utility issues.

Molly’s other major area of practice is permitting work before the U.S. Environmental Protection Agency and Texas Commission on Environmental Quality (and its predecessor agencies), as well as the Texas Parks & Wildlife and Railroad Commission of Texas. With regard to air and solid waste, Molly has handled a variety of contested cases, including incinerator and BIF air and hazardous waste permitting. She represents clients in State Implementation Plan (SIP) issues as well. On both a state and federal level, Molly has assisted clients in rulemaking petitions and in preparing comments on agency rules. She also has assisted clients in bringing litigation to challenge environmental legislation and rules. Molly has testified before the United States and Texas Senates, and has served as a testifying expert on environmental issues in a number of cases.

Representative Engagements

Clean Air Act

  • Secured first contested NSR/PSD permit in non-attainment area (TCEQ decision upheld by district court
  • Counseled clients on impact of non-attainment designation on permitting issues
  • Represented clients in work group to consider challenging EPA’s eight-hour ozone non-attainment designation for counties determined to be “contributing to” non-attainment area
  • Advised Dallas/Ft. Worth area client on 11 technical factors used by EPA in determining boundaries for eight-hour ozone non-attainment designations
  • Evaluated emission credit contracts and transactions related to emission off-sets
  • Reviewed and commented on various SIP issues associated with Houston, Galveston and Beaumont/Port Arthur ozone non-attainment areas
  • Evaluated numerous computer modeling efforts and results in conjunction with various contested air permits
  • Worked extensively with engineers, modelers and toxicologists in air modeling issues
  • Advised client on viability of challenging TCEQ NOx rules
  • Counseled clients on various Title V compliance issues

Mining

  • Counseled clients on rulemaking and interpretation of coal combustion byproducts
  • Represented client in defeating an unsuitability petition
  • Assisted in securing settlement in SCMRA contested case
  • Worked with a team of lawyers to permit a lignite mine in Texas

Water/Wastewater

  • Secured, defended and defeated water rights permits
  • Secured groundwater permits in contested matters from the Edwards Aquifer Authority and other groundwater districts
  • Represented client in securing contested wastewater permit for new lignite mine
  • Counseled clients on Effluent Limitation Guidelines for various industry sections
  • Represented clients in contested TPDES wastewater discharge matters
  • Challenged special districts on authorization to supply services
  • Defended action to compel water supply
  • Advised clients regarding water rights and water contracts in various transactions
  • Advises on clean water cases, including those dealing with raw water supply
  • Actively involved in Texas water planning efforts

Waste

  • Permitted and renewed underground injection control
  • Advised clients on various RCRA issues

Publications, Speeches and Presentations

  • “11th Circuit Court of Appeals Weighs in on Army Corps’ Statutory Authority for Lake Lanier Operations,” August 2011 (co-author)
  • Author of numerous environmental articles
  • Lecturer of environmental courses