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Environmental impacts are among the most regulated activities in Texas and the United States. Clark, Thomas & Winters offers corporations, businesses, local governments, and in-house counsel a team of attorneys who assist clients on various environmental matters arising before the Texas Commission on Environmental Quality, the U.S. Environmental Protection Agency, the City of Austin and other state, federal and local regulatory agencies. These matters include representation in proceedings to obtain environmental permits, enforcement actions, and rulemakings arising under the Clean Air Act, the Clean Water Act, Chapters 26 and 27 of the Texas Water Code, the Texas Solid Waste Disposal Act and other state and federal environmental programs. We also defend and represent clients in the Superfund Program and Voluntary Cleanup Program. Members of the section also represent clients in litigation involving actions in contribution, defense of recovery of damages to natural resources, litigation arising under the National Environmental Policy Act, judicial challenges to rules promulgated by the TCEQ and toxic tort litigation. We counsel business clients with regard to the environmental issues impacting transactions, including analyzing environmental issues arising in real estate transactions, mergers and acquisitions and Endangered Species Act issues. The environmental regulatory section is lead by a former General Counsel of the Texas Natural Resource Conservation Commission (predecessor agency of the Texas Commission on Environmental Quality) who has also served as Assistant Attorney General of the Environmental Protection Division at the Office of the Attorney General. In our practice we are in daily contact with key personnel in state and federal regulatory agencies, where ever-changing rules directly impact our clients' interests. Through our access to the regulatory process we are able to offer our clients a view into the mindset and rationale behind regulatory changes.
The attorneys in this section often collaborate with attorneys in other areas of the firm. This interdisciplinary approach allows attorneys across the firm to deliver creative and innovative solutions to the environmental issues our clients may or may not realize they face.
REPRESENTATIVE EXPERIENCES
Environmental Permitting
Representation of a Liquified Natural Gas (LNG) import terminal in obtaining state and federal permits and authorizations needed to construct and operate the facility.
Representation of the general manager of a groundwater conservation district in over 30 contested case hearings before the State Office of Administrative Hearings (SOAH) on applications to obtain permits to withdraw and beneficially use groundwater from the Edwards Aquifer.
Representation of rock crusher facilities and concrete batch plants in contested case proceedings on applications for an air quality permit.
Rulemaking and Legislative Activities
Representation of the natural gas pipeline trade association in the development of regulatory policies and rulemaking proceedings affecting their interests, some of which include clarification of reporting requirements and the limits of the TCEQ's jurisdiction under the Emissions Event Program, revisions to the TCEQ's General Operating Permits for oil and gas sites in the Title V program, revisions to the permits by rule and standard permits for oil and gas sites, and the permitting of emissions from maintenance, startup and shutdown activities.
Drafted and assisted in the passage of legislation impacting the natural gas pipeline industry, including the removal of the historic exemption from permitting of grandfathered facilities under the Texas Clean Air Act resulting in more favorable conditions for the industry.
Monitor, analyze and report on legislation impacting groundwater regulation and water planning and supply issues
Represent an industry trade association before the U.S. Environmental Protection Agency in a rulemaking proceeding to amend the applicability of NPDES storm water permitting for oil and gas construction sites.
Environmental Enforcement Actions
Representation of a business in a multi-agency civil and criminal enforcement action to address an unauthorized discharge of concrete into the bed and banks of a river.
Representation of real estate developer in an enforcement action concerning takings of wetlands, unauthorized dredging, and unauthorized construction of a bulkhead on submerged state land.
Representation of a regulated entity in an enforcement action arising under the Emissions Event reporting rules.
General Conformity Determination
Assist in obtaining a favorable general conformity determination triggered by the action of a federal agency to approve a permit for a facility located in a non-attainment area demonstrating that the direct and indirect emissions from the authorized plant site are accommodated in the state implementation plan.
Acquisition of Emission Reduction Credits
Negotiate and review contracts to purchase emission reduction credits and NOx allowances for facilities in the Houston-Galveston non-attainment area.
Superfund and Voluntary Cleanup Program
Negotiate the release of a $1.3 million superfund lien.
Represent responsible persons who formerly conducted copper-chromium-arsenic wood treatment activities at a superfund site, which was converted to a voluntary cleanup site.
Cleanup Claims in Bankruptcy
Represent a landowner at a contaminated site owned and operated by ASARCO/Encycle who has taken the site into a Chapter 7 Bankruptcy proceeding.
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