Most Highly Regarded Firms: Texas 2008: Environment
As the international debate on how to tackle climate change rumbles on, the demands of the Texas Commission on Environmental Quality (TCEQ)'s commitment to "clean air, clean water, and the safe management of waste" alongside "sustainable economic development" are becoming more complicated.
With President Bush's "clear skies" legislation and the expansion of bio-fuel use at the top of the US Environmental Protection Agency (EPA)'s action plan, the Texan economy's famed hydrocarbon sector is undergoing huge changes. With 44 lawyers included, this is the one of the largest chapters in this edition, demonstrating the rapid expansion and increased importance of the environment sector in the US.
With seven listings Vinson & Elkins LLP has the largest contingent of professionals in the chapter. The "great" Carol Dinkins heads the firm's administrative and environmental law practice and chairs the privacy and civil liberties oversight board in the US Senate. Based in the Houston office, Dinkins has negotiated the remediation of toxic chemicals in numerous EPA regions, litigated in oil spill cases, represented navigation interests in obtaining permits for construction and infrastructure developments as well as counselling clients on corporate environmental management systems, policies and procedures. Also at the Houston office, Christopher Amandes ranks highly in this chapter. "An outstanding corporate lawyer," he has defended energy companies and refineries in harmful waste and emissions litigations, acted as environmental counsel for numerous companies and obtained the first single property order from the TCEQ allowing "guest" units at a large integrated chemical manufacturing facility to obtain air permits. Molly Cagle's "excellent reputation" is built on her litigation and negotiation work under the Clean Water Act, Clean Air Act and Resource Conservation and Recovery Act (RCRA), as well as numerous permitting cases before the EPA and TCEQ. Joining her is the "superb" John Riley who is also well respected for his permitting and enforcement work, as is Eric Groten whose Clean Air Act work is described as "second to none." Sharon Mattox is considered to be "outstanding" for her toxic tort litigation, with a portfolio of clients from the energy, chemical, real estate and seaport industries. Completing the firm's impressive showing, the "politically plugged-in and excellent" John Howard chairs the EPA's national advisory council for environmental policy and technology and advises clients on the implementation of environmental policy strategies at a federal level.
Baker Botts LLP has one of the largest environmental law departments in the US and four of its partners are recognised here. The "tremendous" Pamela Giblin chairs the firm's environmental department and is a member of the EPA's clean air advisory committee. Giblin handles permitting, acquisitions and enforcement issues under state and federal law with particular emphasis on the Clean Air Act. Jennifer Keane is also well thought of for her air quality work, which focuses on regulatory, compliance counselling and enforcement proceedings. Accompanying them is the "very good" Sara Marquis Burgin, who represents municipal and industrial clients and corporate entities in connection with water and wastewater matters. Matthew Kuryla also ranks highly for air work in this chapter, having contributed revisions to the Houston/Galveston ozone plan, the Beaumont/Port Arthur ozone plan, and the Texas Title V operating permits programme.
Haynes and Boone LLP was roundly praised by respondents as "one of the best firms in the state," and the three nominees in this chapter attest to the strength of its environment department. The "exceptional" Jeff Civins has advised lenders on environmental issues with the TXU buyout, handled an airline's dispute with a competitor over the contamination of JFK airport and acted for a major energy firm in the permitting of a new power plant in the state. James Braddock was praised as "absolutely outstanding for air work" by one source, and "the best air quality lawyer in the state" by another, and counts airports, refineries and coating operations among his clients. Alongside them, Mary Mendoza is highly regarded for her corporate and real estate work, and represents clients in toxic tort litigation, hazardous waste clean-ups and enforcement matters.
"A visionary in sustainability issues", James Morriss represents Thompson & Knight LLP in this chapter. Morriss's practice focuses on permitting, wetlands and endangered species protection and litigation before regional and federal authorities, and he has represented chemical and plastics companies, steel manufacturers and petrochemical producers. Scott Deatherage also enjoys a "fine reputation" at this firm; head of the climate change and renewable energy practice group, he has represented international oil and gas companies, refineries and carbon credit firms in permitting and compliance cases and has handled litigation and arbitration arising from harmful emissions. Joining them is the "excellent, hard-nosed litigator" James Harris, whose work encompasses cost recovery and enforcement actions, contested permits, bankruptcy claims, regulation challenges and criminal actions.
At Fulbright & Jaworski LLP, Patricia Finn Braddock is "among the top in the state" for climate change and toxic tort work. Braddock has handled contested case hearings and enforcement actions relating to air quality, wastewater and solid waste matters before the EPA, TCEQ and the Department of Justice. Eva O'Brien also demonstrates a "great depth of knowledge" in hazardous waste, Superfund, wastewater and remediation consulting, as well as handling contested permit hearings and enforcement proceedings, tort litigation, and criminal enforcement matters.
Respondents were "very impressed by" Keith Hopson of Brown McCarroll LLP, whose waste management and reclamation work, litigation, permitting and auditing expertise earn him a prominent position in this chapter. Kenneth Ramirez was also highlighted as "one of the best" for his work in water law, which includes representing corporations and municipalities in water supply acquisitions, wastewater management and discharge. The "high-end" Danny Worrell completes the firm's excellent showing in this chapter. Worrell handles regulatory compliance issues in hazardous waste, including uranium and asbestos, air quality, and wastewater cases alongside transactional and litigation work.
K G Strategies LLC began life on 1 January 2008 under former Brown McCarroll partner Kinnan Goleman, who was praised as "a dean of the Texas environmental bar" by respondents, and earns a prominent position in this chapter. Goleman currently divides his time between various wind power projects, an Iraqi uranium project and pro-bono work to improve drinking water standards in disadvantaged communities. JD Head represents Fritz Byrne Head & Harrison LLP in this chapter. An "outstanding water quality lawyer", Head is a member of the advisory board for the Austin Bar Association's environmental, natural resources and water law section, and counsels clients on water rights and hazardous waste permitting, as well as regulation, remediation and enforcement work. Michael Nasi at Jackson Walker LLP's work on air quality, waste permitting, soil and groundwater remediation, waste water, and surface mining was described as "exceptional" by respondents.
Akin Gump Strauss Hauer & Feld LLP fields the "exceptional" Diana Dutton and the "outstanding and consummate" Paul Seals. Dutton is chair of the firm's environmental practice group and "one of the deans of the bar", according to respondents. She has counselled companies under the RCRA; the Clean Water Act; the Clean Air Act; and other state and federal statutes, and has represented a diverse list of clients including major oil companies, plastics and metals producers and pesticide manufacturers. Seals is also regarded as "a dean"; her experience encompasses environmental due diligence in corporate and real estate transactions, counselling companies in compliance, liability and project developments and assisting in licensing matters.
Bracewell & Giuliani LLP also fields two specialists in this chapter. Tim Wilkins is managing partner of the firm's Austin office and leads the environmental and natural resources practice group. Wilkins focuses on corporate governance and auditing, compliance advice and criminal environmental enforcement actions, as well as handling the environmental aspects of transactions, project siting and development. He is joined by Tracey Hester; "a rockstar in Texas" according to one source, and the head of the environmental law section in the firm's Houston office. Hester specialises in enforcement defence, permitting and environmental due diligence, and he is also recognised as "a leader" in the field of renewable energy.
Two founding partners from Connelly Baker Wotring LLP achieve high positions in our rankings: Debra Baker and Michael Connelly. According to one source Baker is "the strongest litigator on the list", having recently argued on behalf of the Port of Houston Authority in its case against GB Biosciences Corporation, and Texas AM University in action brought by Residents Opposing Pigs and Livestock. Connelly, managing partner at the firm, was also recognised for his "outstanding litigation" in toxic tort and catastrophic accident cases, government cost recovery actions and mass community suits.
Kelly Hart & Hallman LLP is a "very fine firm", according to our sources, and the two lawyers it fields in this section confirm this reputation. The "really exceptional" Cynthia Smiley focuses primarily on water and waste issues on the regulatory and counselling side as well as assessing potential liabilities and enforcement issues associated with property ownership, acquisitions and dispositions. Robert Stewart heads the firm's environmental and administrative law practice group, and focuses on air pollution control, toxic tort cases, environmental criminal investigations, cost recovery
for waste remediation and enforcement defence.
At Guida Slavich & Flores PC, John Slavich and Joseph Guida both make the cut. Pioneers in brownfields work and the originators of municipal setting designations (MSDs), which were adopted as a statute by the Texas legislature in 2003, the firm has developed "an extremely good, dynamic reputation" in the state. Slavich, who counts Home Depot among his clients, has recently handled several high-profile urban redevelopment and clean-up cases. Guida was a founder of the environmental law section of the Dallas Bar Association and its first chairman, and has recently handled air and water quality control, hazardous waste management, toxic substances issues and state and federal superfund matters.
Robert Morse of Crain Caton & James PC ranks highly in this section, and has represented private and government clients in Superfund and hazardous waste matters, including asbestos and radioactive materials, air quality and wastewater permitting and enforcement issues and wetlands-related problems. The "leading" Rich Lowerre at Lowerre & Kelly also makes the list, earning praise for his hazardous waste and advocacy work. Jim Blackburn at Blackburn & Carter was also recommended as "one of the foremost environmental advocates" in Texas. He was also highly praised and publicly recognised for his coastal preservation and urban development work, leading one source to comment; "without him there'd be no business in Texas." The "very bright and energetic" Alison Exall of Curran Tomko Tarski LLP received a large portion of the vote, having handled numerous brownfields redevelopments, environmental bankruptcy cases and clean cold technology cases as well as advising real estate developers under the RCRA, Clean Air and Water Acts.
Founder of the Strasburger & Price LLP's environmental law industry team Kirk Sniff places highly in this section. "Respected and popular" among respondents, Sniff's recent engagements include overseeing environmental due diligence and indemnity matters for the US's largest dairy producer, representing a major automobile company in an environmental contribution action and numerous toxic tort defences on behalf of major US food, energy, transportation and retail companies. Albert Axe from Winstead PC is also a "leading light", counselling companies on the permitting of new industrial plants and waste management facilities, alongside advising clients on air and water pollutants and business and regulatory-focused litigation including toxic tort and Superfund cases. At Beirne Maynard & Parsons LLP, the "excellent and up-front" James Smith received a high number of nominations. Smith's recent work has been composed of litigation on behalf of large chemical manufacturers in Clean Water Act suits and toxic tort cases. Toxic tort is also a presiding focus for Frances Phillips of Gardere Wynne Sewell LLP, whose recent work also encompasses brownfields work, site cleanups on behalf of real estate developers and transactional and criminal litigation. The "exceptional" Mary Reagan at McGinnis Lochridge & Kilgore LLP was another popular name among respondents, having recently represented a major energy company in hazardous waste and water quality enforcement, advised numerous home builders on environmental liability issues and represented a medical waste company in the permitting of a treatment facility.