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Education and Honors
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J.D. ( cum laude), environmental concentration, Pace University School of Law, 1999 Associate Editor, Pace Law Review
Member, Land Use Law Center and Environmental Litigation Clinic
B.A., English and journalism, New York University, 1991
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Admissions and Affiliations
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Practice Areas
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Concentration Federal and state regulatory compliance, climate change, contaminated property issues including transactions and federal and state Superfund actions, permitting, contested case hearings Summary Steve McMillen maintains a multifaceted environmental practice, counseling clients on regulatory, permitting and administrative matters related to environmental and safety issues. He regularly assists clients in developing strategic solutions to contaminated property issues in corporate and real estate transactions, federal and state Superfund and remediation and bankruptcy matters. Mr. McMillen also regularly counsels clients on climate change matters, including legislative and regulatory issues, verified emissions reduction projects and carbon market analysis. Mr. McMillen is a founding member of Baker Botts' Climate Change Practice. His practice also encompasses administrative matters, such as contested permit hearings and rulemaking proceedings under state and federal air, water and waste regulations. Representative Engagements - Liability transfer of contaminated property and resolution of contaminated property claims in large environmental bankruptcy proceeding
- Planning and strategy for generating verified emissions reductions from energy efficiency and natural gas emissions abatement projects for a large retail client
- Represented a large food processing company through the entire Texas contested permitting process and contributed to successfully obtaining a waste disposal permit
- Represented a large refining company in a Texas contested wastewater permit proceeding
- Assisted municipal utility districts to successfully obtain wastewater discharge permits and certificates of convenience and necessity following Texas contested permit proceedings
- Counsel on climate legislative and regulatory strategies and legal risks for refining and power producing clients
- Representing refining and other industrial clients as potentially responsible parties in state and federal Superfund actions
- Closure under the Resource Conservation and Recovery Act and remediation under state law of various facilities and waste management units for major power producing, refining and petrochemical clients
- Counsel for an environmental clients workgroup focus on state and federal release reporting regulations and procedures regarding
Publications, Speeches, and Presentations Publications - "Historic Energy and Climate Legislation Passes House, But Future Uncertain," Bloomberg Legislative Report, August 2009
- "Trends in Climate Risk Disclosure," Environmental Law360 Guest Column, February 2, 2009
- "The Polar Bear’s Nose Under the Tent? Protection of the Polar Bear Under the Endangered Species Act and Regulation of Greenhouse Gas Emissions from Stationary Sources," Bloomberg Corporate Law Journal, Summer 2008 (Tom Jackson and Matt Paulson, co-authors)
- "Seeking Certainty in the Wake of Massachusetts v. EPA: Federal and State Options for Addressing Stationary Source Greenhouse Gas Emissions," Bloomberg Corporate Law Journal, Winter 2008 (Matt Kuryla and Matt Paulson, co-authors)
- "Houston Businesses Preparing to Live in 'Carbon-Capped' World," Business Survival Guide, Houston Business Journal, April 2007 (with Matthew Kuryla)
- "Europe's GHG Emissions Trading Scheme: Assessing the First Year," American Bar Association Innovation, Management Systems, and Trading Committee Newsletter, July 2006
- "Special Analysis: Use of CERCLA's Third-Party Defense by Lessors," American Bar Association Environmental Transactions and Brownfields Newsletter, December 2004
- "Adult Uses and the First Amendment: The Stringfellow's Decision and Its Impact on Municipal Control of Adult Uses," Touro Law Review, Fall 1998
Speeches and Presentations - "Conducting Business in a Carbon-Constrained World," Clean Energy Venture Summit, Austin, December 2008
- "Trends in Climate Risk Disclosure," Baker Botts Climate Seminar, Houston, December 2008
- "Environmental Issues and Government Enforcement: Their Impact on Transactions," Corporate Counsel CLE, Houston, September 2008
- "Managing Greenhouse Gas Risks and Expectations," National Petrochemical and Refiners Association Environmental Conference, San Antonio, September 2008
- "Climate-Related Legal Risks and Issues," Baker Botts/Public Strategies Climate Change Workshop, Houston, April 2008; Dallas, October 2008
- "Environmental Liabilities in Real Estate Transactions," University of Houston Law Center CLE, Houston, November 2007
- "Carbon Cap-and-Trade Markets," National Petrochemical and Refiners Association Environmental Conference, Austin, September 2007
- "Legislative and State Climate Initiatives," PointCarbon CO2 Training Course, Houston, June 2007
- "Implications of Massachusetts v. EPA," Baker Botts Climate Change Workshop, Houston, April 2007
- "Environmental Liability in Real Estate Transactions: Assessing and Limiting Exposure," University of Houston Law Center CLE, Houston, February and March 2007
- "Environmental Liability in Real Estate Transactions: Assessing and Limiting Exposure," University of Houston Law Center CLE, Dallas, April 2005
- "Recent Developments in Climate Change," Baker Botts Environmental Law Seminar, Houston, February 2005
- "Environmental Liability in Real Estate Transactions: Assessing and Limiting Exposure," University of Houston Law Center CLE, Houston, September 2004
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