J. Scott Janoe

Department Chair - Environmental (Firmwide) Partner

scott.janoe@bakerbotts.com

Houston

P: +1.713.229.1553 F: +1.713.229.7953
Scott Janoe Photo

Mr. Janoe is "great at getting deals done and finding a win-win solution to the issues at hand”

Chambers USA 2015

Scott Janoe is the firmwide chair of Baker Botts’ Environmental Department. He advises energy, mining, and manufacturing clients on environmental, health, safety, and transportation matters. Mr. Janoe’s clients turn to him for the full suite of environmental issues ranging from permitting and compliance counseling to litigation, enforcement defense, and crisis management. Over the years, he has developed particular experience in regulatory compliance issues arising from oil and gas exploration and production. Mr. Janoe has assisted energy clients on environmental matters from California to New Jersey, North Dakota to offshore Gulf of Mexico and many points in between.

Related Experience

Litigation

  • Cerny v. Marathon Oil Corporation – Lead environmental counsel in defense of a Texas state toxic tort, nuisance and trespass case alleging harms from exposure to air emissions, light, and dust from exploration and production activities in the Eagle Ford Shale
  • State of Texas v. BP Products North America – Defense of Texas state Clean Air Act enforcement case relating to emissions events and compliance with Agreed Order by refinery
  • Climate Tort Litigation – Lead counsel for three energy companies in multiple suits nationwide brought by states, local governments, and NGOs alleging nuisance and other causes of action arising from climate change
  • Cameron et al. v. Alpine Exploration Companies, Inc. et al. – Defense of levee board coastal erosion case
  • Interstate pipeline company – Defense of state law claims for trespass, nuisance and negligence relating to alleged presence of PCBs in natural gas system in Illinois
  • In re: Soar Land Group – Lead trial counsel in defense of BLM right of way grant for pipeline in North Dakota challenged by citizen's group before the Department of Interior Board of Land Appeals
  • Sanchez v. Esso Standard Oil (Puerto Rico) – Defense of federal RCRA citizen suit pertaining to leaking UST site in Puerto Rico
  • Boyd et al. v. BP Products North America – Defense of 474 plaintiff nuisance, trespass and personal injury case allegedly caused by regulated air emissions from Texas refinery
  • 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' 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
  • Sedgwick v. BP Products North America – Defense of nuisance, trespass and personal injury case arising from alleged release of air emissions from Texas refinery

Compliance Counseling

  • Exploration and production company – Defense of RMP enforcement case alleging EPA jurisdiction over safety issues at production site under RMP General Duty Clause
  • Exploration and production companies – Provided compliance counseling and defense of environmental and transportation enforcement matters in shale plays and conventional fields in Texas, New Mexico, Wyoming, North Dakota, Colorado and Oklahoma
  • Exploration and production company – Advised on Endangered Species Act implications of pipeline relocation in areas containing American Burying Beetle habitat
  • Offshore operator – Advice on plugging and abandonment and bonding issues arising from revisions to federal program and BOEM/BSEE implementation of revised program 
  • Pipeline company – Advised on NHPA/NEPA tribal consultation issues relating to development of pipeline in North Dakota
  • Exploration and production company – Advised on NEPA approvals for trunkline project in North Dakota
  • Exploration and production company – Defense of PHMSA NOPV relating to classification of Bakken crude
  • Oilfield services company – Led efforts on permitting of oilfield waste transportation, recycling and disposal operations throughout the U.S. and Mexico
  • Chemical manufacturing company – Defense of Clean Water Act enforcement matter relating to disposition of waste subject to “derived from” rule and applicability of point source discharge exclusion
  • Integrated mining company – Oversaw day to day air, waste, water and worker safety 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 – Advised on RCRA corrective action associated with closure of a former field refining facility and storage pits
  • Multiple exploration and production companies – Responses to Clean Air Act Section 114 requests for information regarding upstream operations and permitting
  • Specialty chemical manufacturer – Defense of Clean Air Act RMP and EPCRA enforcement matters 
  • Oilfield products manufacturer – Advised on Department of Transportation requirements relating to transport of hazardous materials
  • Integrated oil company – Counseling on compliance with DOT crude by rail rules and tracking of policy developments regarding same
  • 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
  • Specialty refiner – Advised on compliance with EPA fuel blend and additive standards
  • Exploration and production company – Defense of PHMSA pipeline safety audit and enforcement
  • 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
  • Exploration and production company – Advised on site cleanup issues associated with divestiture of assets in Peru

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

  • Exploration and production company – First response to derailment of Bakken crude unit train in North Dakota
  • Specialty chemical company – First response to plant explosion addressing investigation by regulatory agencies and insurance companies
  • Offshore Operator – Investigation and defense of alleged sampling and overboard discharge issues at Gulf of Mexico platform
  • Exploration and production company – First response to derailment of Canadian crude unit train derailment in Iowa
  • Unnamed client – Response to grand jury investigation alleging criminal violations of RCRA at closed site in Montana
  • Oilfield services company – Response to BATFE investigation
  • Oilfield services company – Response to lost radioactive source incident
  • 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
  • Exploration and production company – First response to crude oil unit train derailment and NTSB, PHMSA, FRA, EPA, and NDDOH investigations
  • Oilfield services company – Response to grand jury subpoena regarding waste disposal operations in the Eagle Ford Shale
  • Offshore exploration and production company – First response to synthetic mud spill and BSEE investigation

Corporate Transactions

  • Exploration and production company – Acquisition of conventional production assets in Oklahoma and Kansas
  • Exploration and production company – Divestiture of onshore and offshore production assets in Alaska
  • Oilfield services company – Acquisition of equipment fabrication and well servicing assets in the Eagle Ford Shale
  • Investment bank lender – Financing of natural gas-fired power plant development in Texas
  • Investment banks – Underwriters’ counsel in various debt and equity offerings
  • Mining company – Creation of custodial trust mechanism for divestiture of contaminated properties across the U.S.
  • Oilfield services company – Sale of flowback operations business unit
  • Sweetener manufacturer – Sale of organic sweetener business
  • Exploration and production company – Sale of Barnett Shale production assets
  • Wire and cable manufacturer – Acquisition of wire and cable distribution assets
  • Offshore drilling company – Acquisition of drillship operator
  • Natural gas contract operations company – Negotiation of credit facility
  • Energy services company – Divestiture of well support division
  • Holding company – Divestiture of refining and pipeline assets

Awards & Community

Listed in The Best Lawyers in America (Woodward White, Inc.), 2013-2019

Recognized as a Lawyer of the Year, Environmental Law in The Best Lawyers in America (Woodward White, Inc.), 2019

Recognized as a Texas Super Lawyer (Thomson Reuters), 2014-2018

Recognized as a Texas Super Lawyer-Rising Star (Thomson Reuters), 2006-2014

Ranked in Chambers USA for Environment: Texas, 2014-2018

Listed in Who's Who Legal (Law Business Research Ltd.) for Mining, 2016-2017

News

Publications, Speeches & Presentations

Events

Recent

31st Annual Environmental Seminar

The Seminar features a number of timely topics, high-level government speakers, roundtable discussions and an optional ethics CLE session before the start of formal presentations.