Representative Case Experience
Hazardous and Municipal Solid Waste Permitting and Enforcement
Represented a Fortune 500 national metals recycling company in environmental investigation and cleanup of metals recycling sites in Fort Worth, Galveston and Independence, Kansas. (2013 – present)
Represented an oil & gas developer in obtaining soils and groundwater investigation and remediation by an adjacent landowner whose unauthorized scrap metal processing activities caused the contamination. (2016 – present)
Represented a high tech materials manufacturing company in responding to an EPA Section 104 request for information regarding the Burnet, Texas Groundwater Superfund site and in conducting environmental due diligence on acquisition of 20 acres of land near the superfund site. (2014)
Represented a North Texas land reclamation operator in federal district court in defense of claims by a landowner that the client improperly disposed of foundry sand as a Class 2 industrial solid waste on the property, and in a Voluntary Cleanup Program remediation of the site. (2006 – 2015)
Represented a mid-size city in opposing the application for a new Type I municipal solid waste landfill in Waller County. Following extensive discovery in a contested case hearing, the applicant withdrew the application at the insistence of TCEQ staff. (2014 – 2015)
Advised a real estate developer in a project to remove underground storage tanks and remediate releases from the tanks. (2013 – 2014)
Represented a real estate developer in applying for and obtaining an Innocent Owner Program certificate from TCEQ for property in Arlington. (2013)
Represented a large apartment complex owner in Arlington in applying for and obtaining an Innocent Owner Program certificate from TCEQ. (2013)
Represented a wood processing and recycling company in Johnson County in a contested case hearing to defend against a TCEQ enforcement action for alleged unpermitted municipal solid waste processing and disposal. Following written discovery and depositions, the TCEQ staff dismissed the enforcement case. (2012)
Advised a private university on the nature and scope of violations to be disclosed to TCEQ on an environmental compliance audit under the Texas Environmental, Health and Safety Audit Privilege Act. (2011)
Represented a national uranium mining company in obtaining a TCEQ Class III Underground Injection Control permit and an aquifer exemption to authorize a new 1,140-acre in situ leach recovery uranium mining operation in Goliad County. (2009 – 2010)
Advised a real estate development company on regulatory compliance issues for a building demolition and asbestos remediation project. (2010)
Represented a stone quarry owner in a TCEQ enforcement contested case concerning two stone quarries in Williamson County alleged to have failed to obtain an approved water pollution abatement plan. (2009)
Represented a real estate development company in filing for and obtaining a Voluntary Cleanup Program certificate of completion for a contaminated site in Fort Worth. (2008)
Represented a commercial real estate developer in opposing a major permit amendment for capacity expansion of the McCarty Road municipal solid waste landfill in Houston (2007 – 2008). This case also involved review and analysis of a subsequent application by the landfill for a permit modification to authorize an alternative geosynthetic clay liner final cover. (2012)
Advised a large industrial equipment manufacturer on permitting strategies to authorize construction of an innovative municipal waste-to-energy recycling facility at Dyess Air Force Base. (2005 – 2007)
Advised a building owner on addressing mold remediation issues raised by a State agency tenant of the building. (2008)
Advised a carbon credits financing entity on preparation of landfill gas rights agreement for purchase of landfill gas and carbon credits from municipal solid waste landfill in Mississippi. (2007)
Advised a computer chip manufacturer on Toxic Control Substances Act compliance issues, on transfer of environmental permits, and on performing a voluntary environmental compliance audit under the Texas Environmental, Health and Safety Audit Privilege Act. (2005 – 2006)
Advised a Corpus Christi chemical manufacturer on air, industrial waste and wastewater regulatory compliance issues and the transfer of numerous environmental permits resulting from sale of the client’s facility. Also represented the chemical manufacturer in a CERCLA cost recovery action against a petroleum refinery for releases of oil and hazardous substances onto the client’s property. (2001 – 2005)
Represented a Texas oil industry trade association in filing an amicus brief opposing TCEQ referral of an air permit renewal for an El Paso smelter facility for a contested case hearing. (2004)
Represented plaintiff commercial greenhouse owners in a federal district court lawsuit to recover damages under the Federal Tort Claims Act for groundwater releases of chlorinated hydrocarbons at Reese AFB. (1993 – 1995)
As staff attorney for the Texas Water Commission, represented the Executive Director of the Texas Water Commission in various contested and uncontested hazardous and solid waste permitting and enforcement cases. (1988 – 1991)
Environmental Cost Recovery Litigation
Represented a South Texas commercial farm operator in state district court against claims of environmental contamination brought by a landowner. (2010 – 2013)
Represented a hotel company in settling CERCLA cost recovery liability in federal district court case concerning waste shipments sent to the U.S. Oil Recovery Superfund site in Pasadena, Texas. (2012)
Represented an automotive maintenance facility in settling CERCLA cost recovery liability in federal district court case concerning waste shipments sent to the Double Eagle refinery Superfund site in Oklahoma. (2010)
Represented an oilfield services company in settling CERCLA cost recovery liability in federal district court case concerning waste shipments sent to the Marine Shale Processing Superfund site in Louisiana. (2013)
Represented an oil & gas operator in state district court in defense of an oilfield environmental cleanup cost recovery action by the Texas Railroad Commission. (2009 – 2010)
Represented an oil and gas operator in settling CERCLA cost recovery liability to the federal government for investigation and cleanup of the Castex waste oil facility in Louisiana. Also represented the client in a lawsuit to enforce cost recovery provisions of an oil & gas joint interest operating agreement against several working interest owners to recover proportionate shares of liability for the settlement amount paid to the federal government. (2006 – 2007)
Represented a large electric utility in a CERCLA cost recovery case in federal district court against numerous metals recycling companies for the client’s costs incurred in the environmental remediation of the Industrial Road battery and metals recycling facility in Corpus Christi. (1994 – 2000)
Water Quality Permitting and Enforcement
Represented a large plastics resins manufacturing facility in Calhoun County in obtaining a major amendment and renewal of its industrial wastewater permit and in mediating resolution of permit protests from environmental interest groups. (2015 – 2016)
Represented a national railroad company in obtaining a Section 408 permit at the Fort Worth district office of the U.S. Army Corps of Engineers for a railroad bridge reconstruction project over the Trinity River and in opposing a demand by the Tarrant Regional Water District (TRWD) for construction of levee improvements as a condition of TRWD’s recommendation for approval of Section 408 permit. (2015)
Represented major north-central Texas city in amending its industrial pretreatment ordinance in order to obtain renewal of its POTW wastewater discharge permit at TCEQ. Also represented the city in meeting TCEQ enforcement mandates to reduce the level of odors from land disposal of wastewater biosolids from the city’s wastewater plants. (2013 – 2014)
Prepared and filed comments for a national trade association on the proposed U.S. Army Corps of Engineers and EPA “Waters of the U.S.” rulemaking. (2014)
Represented a Montgomery County special utility district in a contested case hearing on application for a domestic wastewater discharge permit. (2006 – 2007)
Represented a real estate developer in defense of several TCEQ wastewater permit enforcement cases and in negotiating an alternative water supply source for a real estate development. (2001 – 2007)
Represented a small Central Texas city in filing an application at TCEQ for a wastewater permit to convert the City’s residents from septic tank wastewater management to centralized wastewater treatment and subsurface drip irrigation, and in drafting city ordinances for water and wastewater service fees (tap fees; impact fees). (2002 – 2006)
Served as chief legal advisor to a coalition of counties and cities in developing a regional water quality protection plan for the Edwards Aquifer area in Travis County and Hayes County based on development of model subdivision and development standards. (2004 – 2005)
Air Quality Permitting and Enforcement
Represented a real estate developer in defense of a TCEQ air enforcement case for unauthorized water tower painting emissions. (2009)
Represented a major carbon black manufacturer in air emission enforcement cases, in a voluntary environmental compliance audit under the Texas Environmental, Health and Safety Audit Privilege Act, and in permitting new air emissions control equipment for three carbon black plants (two in Texas and one in Louisiana). (2000 – 2015)
Advised a Texas Gulf Coast chemical manufacturer on excessive emission events in defense of a TCEQ enforcement actions, on PSD source aggregation issues, and in renewing air quality permits and authorizations. (2003 – 2016)
Advised a national car manufacturer on regulatory compliance issues concerning paint booth wastes, management of undeployed air bags, PCB capacitors and stage II vapor controls, and Title V compliance certifications and deviation reporting. (2003 -2015)
Represented an oilfield services company in obtaining a TCEQ compliance agreement to authorize renewal of a state new source review permit for a barite processing facility following expiration of the permit. (2013)
Advised an oil and gas exploration and development company on Federal Clean Air Act Title V deviation reporting requirements. (2001)
Environmental Aspects of Corporate and Real Estate Acquisitions
Conducted environmental and regulatory due diligence evaluation of proposed development of 5,700-acre tract as frac sand mining facility in Henderson County. (2016)
Conducted environmental due diligence evaluation of acquisition of land for proposed commercial development located adjacent to former RSR lead smelting superfund site in West Dallas. (2016)
Conducted environmental due diligence and drafting of transactional documents environmental provisions for acquisition of numerous hot dip metals galvanizing and plating facilities in USA and Canada. (2006 – 2015)
Conducted environmental due diligence and drafting of transactional documents environmental provisions for $70 million sale of metals plating facility in Fort Worth. Engagement included oversight of soils remediation. (2015)
Conducted environmental due diligence and drafting of transactional documents environmental provisions for $14 million acquisition of aerospace industry parts manufacturing facilities in Parker County, Texas. Engagement included negotiation of environmental remediation agreement for longterm cleanup of soils and groundwater contamination and regulatory approval of numerous environmental permits and authorizations. (2013 – 2014).
Environmental due diligence and drafting of transactional documents environmental provisions for proposed $22 million sale of private airport facility in Midland. Engagement included oversight of environmental compliance assessment and soils and groundwater investigation (2013)
Environmental due diligence and drafting of transactional documents environmental provisions for $16.5 million sale of biofuels manufacturing facility in Natchez, Miss. Engagement included oversight of soils and groundwater investigation and preparation of corrective action plan submitted to Mississippi Dept. of Environmental Quality. (2010 – 2011)
Environmental and regulatory due diligence evaluation of proposed new equity investment in seven wind power facilities in West Texas owned by Ireland-based wind power company developing on and off-shore windfarms in Europe, Canada and the USA. (2007)
Water and Sewer Utility Ratemaking and Regulation
Represented a North Texas municipality in intervening in a PUC wholesale water rates case and in Travis County District Court proceedings on declaratory judgment and bond validation suit injunctions against the wholesale water provider. (2017 – present)
Represented home rule municipality in North Texas in acquiring CCN rights to provide water and sewer service to area within the city from the existing service provider. (2014 – present)
Represented Type A general law municipality in North Texas in water and sewer service negotiations with several different land developers and in negotiations with competing water and sewer service provider concerning terms to allow the City to become the certificated retail water and sewer provider. (2015 – present)
Represented a Type A general law municipality in North Texas in judicial appeal of PUC granting of a petition for expedited sewer CCN decertification and in the PUC decertification petition proceeding. (2015 – present)
Represented a commercial real estate development company in protesting and appealing a TCEQ bond approval for a municipal utility district to finance a wastewater plant expansion. The judicial appeal of this TCEQ action involved a Tx. Govt. Code Chap. 1205 expedited declaratory judgement action by the M.U.D. concerning the validity of the bonds. (2013 – 2014)
Represented major North-Central Texas city in obtaining CCN amendments for extension of water and sewer service to newly developing areas within and around the City. (2010 – 2012)
Represented national investor-owned water and sewer utility in handling all water utility system acquisitions and transfers, ratemaking, and regulatory compliance matters for approximately 50 individual water and sewer systems in the Houston and surrounding area. Examples of specific matters handled for the utility included:
- Regulatory approvals for the utility’s acquisition of the water systems’ prior owner. (2001)
- Creation of new Texas-based subsidiary and corporate restructuring and consolidation of two pre-existing water systems under Texas-based subsidiary. (2002 – 2004)
- Contested water and sewer rate increase cases in 2004, 2006 and 2008 including preparation and filing of expert testimony and amendments to water and sewer rates and services tariffs.
- Numerous regulatory compliance issues such as meter reading; customer billing and payment issues; confidentiality of customer information; liability for water line breaks; groundwater reduction plan fee pass-throughs to rates; water and sewer rate design; temporary operation of Wrenwood water system in Houston including request to City of Houston for emergency rate relief; resolving real estate title conflicts with adjacent water systems and customers; issuing legal opinion on initial public offering of parent utility holding company stock as part of its divestiture by German-based parent holding company. (2002 – 2012)
- Sale of Texas-based subsidiary’s water and sewer systems to major regional water and sewer investor-owned utility. (2012)
Represented major North-Central Texas city in obtaining a major expansion of the city’s water CCN service area in order to help control development in the city’s expansive extra-territorial jurisdiction (2001 – 2002). Also represented the City in various acquisitions of water CCN service area from retail service providers within the City’s ETJ (2002 – 2016).
Represented Denton County special utility district in defense of a contested case water and sewer rate increase at the State Office of Administrative Hearings (2010 – 2011).
Represented Texas river authority in defending a wholesale water rate increase in a contested case hearing at the State Office of Administrative Hearings (2003 – 2004).
Represented the major Central Texas city in defending an appeal by a wholesale customer of a wholesale water rate increase in a contested case hearing at the State Office of Administrative Hearings (1999 – 2000).
As staff attorney for the Texas Water Commission, represented the Executive Director of the Texas Water Commission in various water and sewer rate and CCN cases (1988 – 1991). As hearings examiner for the Texas Water Commission, adjudicated various water and sewer rate and CCN cases including a City of Austin wholesale water rate case (1985 – 1988).
Negotiation of Water and Wastewater Service Agreements
Represented a private homeowner in obtaining domestic water service from a co-owned groundwater well and from the certificated retail service provider. (2016 – present)
Represented a major real estate developer in North Texas in various sales of groundwater to gas frac operators. (2006 – 2016).
Represented a Florida real estate development company in resolving a dispute with a special utility district over responsibility for water utility system improvements and costs for obtaining future capacity in the wholesale water provider’s water treatment plant. (2016)
Represented owner of large ranch in Eastland County in negotiation of wastewater irrigation agreement with nearby municipality. (2013 – 2015)
Represented major north-central Texas city in negotiating water and sewer service agreements for a major new residential and commercial development in the City’s extra-territorial jurisdiction. (2010 – 2011)
Represented Galveston municipality in negotiation of reclaimed water supply agreement with land developer for irrigation of golf course. (2009)
Represented privately owned water utility system in Hays and Blanco Counties in the sale of the system to regional water and utility. (2008)
Texas Water Rights Permitting
Represented golf course development in Brazos River Basin in obtaining water rights permits for golf course ponds and irrigation of golf course. (2014 – 2017)
Represented a landowner in protest of water rights permit application to authorize a channel dam and reservoir on the Colorado River in Mills and San Saba Counties. (2015 – present)
Advised a major real estate developer in North Texas in various Texas surface and groundwater law matters, including development of a regional reclaimed water distribution system (2006 – 2016).
Represented a national railroad company in evaluation of Edwards Aquifer Authority groundwater rights attached to real estate in Bexar County and in obtaining amendment of the permit to reflect the proper allocation of water rights to the real estate. (2010 – 2015)
Represented a large San Angelo area landowner in evaluating options for economic development of their groundwater rights under the rules of the Irion County Groundwater Conservation District. This representation entailed negotiating a groundwater lease for a bottled water project and negotiations with the City of San Angelo regarding a longterm lease of groundwater rights to the City. (2004 – 2006)
Represented large central Texas city in protest of water rights permit for Bosque Valley Golf Club in the Bosque River Basin. (2002 – 2003)
In 1986, served as the Texas Water Commission hearings examiner during a year-long hearing on an application for a proposed major dam and reservoir on the Paluxy River in Hood and Summerville Counties.
PUC Transmission Line CCN Cases
PUC Docket No. 42087; SOAH Docket No. 473-14-2252. Application of Oncor Electric Delivery Company, LLC filed in 2014 to Amend Certificate of Convenience and Necessity for Hicks-to-Elizabeth Creek 138 kV Transmission Line in Tarrant and Wise Counties. Engaged expert witnesses, handled discovery, filed expert testimony and closing arguments in case involving dozens of intervenors. Following contested case hearing, the PUC approved the route supported by the large land developer client.
PUC Docket No. 40728; SOAH Docket No. 473-13-0846. Application of Electric Transmission Texas, LLC filed in 2012 to Amend its Certificate of Convenience and Necessity for the Proposed Lobo-to-Rio Bravo-to-North Edinburg Double-Circuit 345-kv Transmission Line in Webb, Zapata, Jim Hogg, Brooks, Starr, and Hidalgo Counties. Conducted prehearing discovery and filed direct testimony in case involving dozens of intervenors. Settled case favorably to large ranch owner client in advance of evidentiary hearing by obtaining unanimous consent of other intervenors on a route farthest away from client’s property.
PUC Docket No. 38562; SOAH Docket No. 473-11-0071. Application of Electric Transmission Texas, LLC filed in 2011 to Amend its Certificate of Convenience and Necessity for the Riley-to-Edith Clarke-to-Cottonwood 345-kV CREZ Transmission Line in Wilbarger, Hardeman, Foard, Knox, Cottle, King, Motley, and Dickens Counties. Conducted prehearing discovery and filed direct testimony in case involving dozens of intervenors. Settled case favorably to large ranch owner client in advance of evidentiary hearing by obtaining unanimous consent of other intervenors on a route located away from client’s property.
PUC Docket No. 38517; SOAH Docket No. 473-10-5923. Application of Oncor Electric Delivery Company LLC filed in 2010 to Amend its Certificate of Convenience and Necessity for the Proposed Clear Crossing-to-Willow Creek 345-kv CREZ Transmission Line Project in Haskell, Jack, Jones, Palo Pinto, Parker, Shackelford, Stephens, Throckmorton, Wise and Young Counties. Following contested case evidentiary hearing conducted over three days with numerousintervenors, successfully obtained PUC decision to select alternative route located away from client’s property.
PUC Docket No. 38324; SOAH Docket No. 473-10-4789. Application of Oncor Electric Delivery Company, LLC filed in 2010 to Amend Certificate of Convenience and Necessity for Willow Creek-to-Hicks 345 kV CREZ Transmission Line in Denton, Parker, Tarrant and Wise Counties. Conducted prehearing discovery and preparation of direct testimony in case involving dozens of intervenors. Settled case favorably to landowner client by obtaining numerous concessions from transmission line company regarding routing of line on client’s property.
PUC Docket No. 38295; SOAH Docket No. 473-10-4788. Application of Wind Energy Transmission Texas, LLC filed in 2010 for a Certificate of Convenience and Necessity for the Panhandle AD-to-Central B (Cottonwood-to-Dermott) 345-kv CREZ Transmission Line in Dickens, Kent and Scurry Counties. Settled case favorably to large ranch owner client without evidentiary hearing by obtaining unanimous consent of other intervenors on a route located partially off of client’s property.
PUC Docket No. 38230; SOAH Docket No. 473-10-4398. Application of Lone Star Transmission, LLC filed in 2010 for a Certificate of Convenience and Necessity for the Central A-to-Central C-to Sam Switch/Navarro Proposed CREZ Transmission Line. Represented three large landowners in opposing “preferred route”. Following contested case evidentiary hearing conducted over several weeks, successfully obtained PUC decision to select alternative route located away from clients’ property.
PUC Docket No. 37951; SOAH Docket No. 473-10-4105. Application of Electric Transmission Texas, LLC filed in 2010 to Amend a Certificate of Convenience and Necessity for the Clear Crossing to Dermott 345-kv CREZ Transmission Line (formerly Central B-to-Clear Crossing) in Haskell, Jones, Stonewall, Fisher, Kent and Scurry Counties. Conducted prehearing discovery and filed direct testimony in case involving dozens of intervenors. Settled case favorably to large ranch owner client without evidentiary hearing by obtaining unanimous consent of other intervenors on a route located partially off of client’s property, with negotiated right-of-way easement providing for property protective measures to be taken by transmission line company.
P.U.C. Docket No. 33800; SOAH Docket No. 473-07-2347. Application of Brazos Electric Power Cooperative, Inc. filed in 2007 to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line in Johnson and Hood Counties (Wildcat Substation and 138 kV Transmission Line Project). Represented large landowner in opposing “preferred route”. Following contested case evidentiary hearing conducted over two days with severalintervenors, successfully obtained PUC decision to select alternative route located away from client’s property which was on the “preferred route.”
General Administrative Law
Assisted a Texas county in preparing takings impact assessments for a major revision of the county’s subdivision and development regulations. (2016)
Represented an online and telephone based customer service company in defending a sales tax deficiency assessed by the Texas Comptroller of Public Accounts. (2016)
Represented an oil field services company in defending two Texas Dept. of Motor Vehicles enforcement cases for over-weighting of trucks. (2014 and 2016)
Represented a manufacturer of an innovative process for converting oil field wastes into road base material in seeking approval from Tx. Dept. of Transportation for use in state highway construction projects in South Texas. (2012)
Represented a funeral industry continuing education provider in contesting Texas Funeral Services Commission disapproval of online continuing education classes for licensed funeral directors. (2006 – 2010)
Represented an alcohol sales licensee in a contested application at the Texas Alcoholic Beverage Commission for a mixed beverage permits for two large amusement parks in Arlington, Texas. (2008)
Represented a beer & wine retailer in applying for a local wine and beer retailer's off-premise permit for a store location in College Station, Texas. (2008)
Represented a construction contractor in defense of a Texas Dept. of Insurance enforcement case under the windstorm insurance program. (2008 – 2009)
Represented a construction contractor in defense of a Texas Dept. of Insurance enforcement case under the windstorm insurance program. (2002)
Represented a medical research hospital in a Texas Dept. of Health - Bureau of Radiation Control enforcement case for failure to maintain current radiation equipment licenses. (1999)
