Kevin Vickers

Special Counsel

kevin.vickers@bakerbotts.com

San Francisco

P: +1.415.291.6107 F: +1.415.291.6307
Kevin Vickers Photo

Kevin Vickers primarily focuses on legislative and environmental matters. Covering a wide range of industries, from radioactive waste to high-speed trains, Kevin has drafted complex legislation for all levels of government. He pulls from his experiences in politics, litigation practice, and compliance counseling to tailor outside-the-box solutions for his clients, such as obtaining clarifications of legislative history from lawmakers in order to support his clients' positions in court.

His work includes water, waste, air, and endangered species issues, as well as planning and development laws. In addition to helping change laws via legislation, Kevin has helped at both the trial court level and the courts of appeals. He also counsels clients on permitting, contracting, compliance, and transactional matters. He also counsels clients on permitting and compliance, including under the Clean Air Act, the Resource Conservation and Recovery Act, the Clean Water Act, and other environmental laws, as well as providing counseling on contracting and transactional matters.

Before law school, Kevin worked as Chief of Staff for the House Democratic Leader in the Texas House of Representatives. Kevin knows the nuances of the Texas legislature and possesses advanced knowledge of parliamentary procedure.

Related Experience

Environmental

  • Briefing in Texas courts of appeals and the Texas Supreme Court on precedent-setting cases concerning administrative law and environmental permitting procedures
  • Counseling and contract drafting for water supply strategies, including groundwater purchases, surface water rights and reclaimed water purchases from governmental entities
  • Legislative drafting and strategy development on water supply arrangements between governmental entities and industrial water users
  • Representation of power company in complex, multi-party litigation under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
  • Advising on CERCLA claims based on owner and operator liability of federal governmental entities
  • Advising on applicability and potential liability under the Oil Pollution Act of 1990
  • Counseling transportation infrastructure development company regarding National Environmental Policy Act (NEPA) issues
  • NEPA third-party service provider contract drafting
  • Counseling regarding response to Clean Air Act Section 114 requests for information issued by U.S. Environmental Protection Agency
  • Counseling regarding state and federal radioactive materials laws
  • Counseling and contract drafting concerning implementation of permittee-responsible mitigation project required by U.S. Army Corps of Engineers Section 404 permit
  • Counseling metals recycling company on compliance with Clean Air Act (CAA) Title V permit and applicability of National Emission Standards for Hazardous Air Pollutants (NESHAP)
  • Advocacy for electric utility seeking EPA concurrence that certain materials used as fuel in industrial boilers were subject to CAA Section 112 requirements in connection with the Title V permitting program
  • Representation concerning rulemaking petitions before the Texas Commission on Environmental Quality
  • Defense against environmental tort class action claims

Other

  • Counseling on legislative strategy, including development of bills, amendments and legislative history
  • Counseling regarding state school finance and charter school funding for innovative financial services company
  • Advising on federal, state and local lobbyist registration requirements
  • Briefing to the state Office of the Attorney General regarding confidentiality of commercial information sought under the Texas Public Information Act
  • Advising governmental entity on permissible uses of public funds, including applicability of provisions of Texas Election Code and determinations of the Texas Ethics Commission
  • Representation of claimant against the United States government for liability under the Federal Torts Claim Act
  • Briefing in precedent-setting litigation regarding the scope and standards of procedural statutes designed to protect First Amendment rights

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