Mr. Dickman’s practice of environmental law encompasses all environmental protection programs such as municipal and industrial solid waste management; wastewater discharges and water quality; air pollutant emissions and air quality; cleanup of contaminated sites; and spill and release reporting. Typical kinds of cases under these environmental programs include:
- Environmental Permitting
- Environmental Regulatory Compliance
- Defense of Environmental Enforcement Actions
- Environmental Investigations for Commercial Real Estate Transactions
- Environmental Site Cleanups
Environmental Permitting
Mr. Dickman has many years of regulatory agency and private practice experience in obtaining waste management permits, wastewater discharge permits, and air emissions permits and exemptions. Mr. Dickman counsels clients on how to most cost-effectively comply with waste permitting requirements including how to avoid the need for certain permits. Another important aspect of this work is in counseling clients on how to avoid the need for a contested case permit hearing by minimizing permit protests.
Environmental Regulatory Compliance
As an expert in interpreting and applying environmental regulations, Mr. Dickman advises clients on what rules are applicable, what the rules mean, and how to most cost-effectively comply with rule requirements. Using his experience as a Texas environmental regulator involved in the Environmental Protection Agency’s oversight of the Texas environmental regulatory programs, Mr. Dickman helps clients navigate the complex interplay between federal environmental rules and Texas environmental rules.
Defense of Environmental Enforcement Actions
Mr. Dickman defends clients in those cases where an environmental regulatory agency uses its enforcement powers to assess penalties and require corrective actions for alleged violations. In some cases, it is possible to get an enforcement case dropped when the facts do not support the alleged violation, and in other cases a settlement can be worked out with the agency with penalties significantly less than what the agency originally seeks. In order to achieve the best possible result, it is imperative to know the environmental agency’s formal and informal enforcement policies, including how similar cases have been resolved in the past.
Environmental Investigations for Commercial Real Estate Transactions
Whenever commercial real estate is being acquired, it is necessary for the buyer to conduct a phase I environmental site assessment (Phase I ESA) if the buyer wishes to qualify for certain legal defenses to liability for any environmental contamination that may exist on the property. Mr. Dickman can recommend a qualified environmental consultant to perform the Phase I ESA and he can evaluate the Phase I ESA report to determine what environmental risks may be associated with acquiring the property. Mr. Dickman also prepares provisions in the real estate transaction documents to address those environmental risks and he helps clients negotiate the extent to which those environmental risks will be borne by the buyer or the seller. In company acquisitions or mergers, the acquiring company should similarly be concerned with the environmental risks associated with real property owned or operated by the company being acquired.
Environmental Site Cleanups
When contamination is discovered at a site, one must determine whether the environmental remediation must be conducted, and if so, what kind of remediation is appropriate under the Texas Commission on Environmental Quality’s (TCEQ) rules. Typically, it is necessary for the client to engage a qualified environmental consultant to prepare a remediation plan. Mr. Dickman’s can recommend one or more qualified environmental consultants for the client and work with the consultant and the regulatory agency in getting the remediation plan approved.
