Solid and Hazardous Waste


"[E]xperienced with waste and contaminated site concerns."

Chambers USA 2022

Baker Botts lawyers have experience in virtually all aspects of waste characterization and management, including waste determination issues, management of industrial, hazardous and municipal wastes and remediation programs.

Our lawyers advise clients on how to achieve cost-effective compliance with hazardous waste regulations in such areas as waste characterization and classification, permit-exempt methods of waste management, reuse and recycling activities, development of compliance plans, site remediation and waste minimization.

Members of the environmental practice have experience handling the wide range of issues relating to hazardous waste and corrective action programs under the federal Resource Conservation and Recovery Act (RCRA) and its state law counterparts. We also have handled numerous matters involving underground injection control wells used for waste disposal. We defend clients against both administrative and judicial civil enforcement actions, criminal prosecutions under RCRA and third-party claims and participate in challenges to RCRA-related rulemakings.

Our waste-related services include:

We draw upon our extensive prior work with federal/state agencies and detailed familiarity with a broad range of industrial operations to address complex solid and hazardous waste regulatory problems for clients. Given this background, we are adept at evaluating the myriad requirements imposed by RCRA and identifying effective solutions to assure compliance for diverse wastestreams such as coal combustion residues, oil and natural gas wastes, and radioactive materials.  With our firm’s extensive client base covering multiple industrial sectors—ranging from electric generation, mining and oil and gas development, to the manufacturing or production of chemicals, fuels, consumer products and pharmaceuticals, among others - we can also effectively counsel clients on the requirements under federal/state waste programs for their particular operations.

Federal and state programs establish comprehensive requirements for the siting and permitting of solid and hazardous waste facilities, including both commercial operations and sites used for managing individual companies’ own internal wastestreams. We help our clients obtain permits, negotiate key permit provisions, arrange for permit transfers and comply with permit conditions.

Enforcement and Litigation:
Baker Botts lawyers advise numerous clients against administrative and judicial civil enforcement actions, RCRA citizen suits, criminal prosecutions and third party claims. We routinely handle contested case proceedings, litigate client challenges to onerous permit requirements, manage litigation involving alleged contamination from underground storage tanks and pursue challenges to RCRA-related rulemakings.