Editorial: Environment in Texas

01 May 2007

Unsurprisingly, the practice of environmental law in the state is booming – we identify 38 individuals from 19 firms with an excellent reputation for their work on transactional, litigation and regulatory matters. A large proportion practise in Austin, the state capital and centre for regulatory activity. Houston is also home to a large number of the lawyers listed in the chapter, with many focusing on litigation and transactional work. Dallas is another location for some of the practice area’s leading lights. 

Vinson & Elkins LLP boasts the greatest number of representatives in the chapter (eight). Recent highlights for the firm’s administrative and environmental practice include helping client Clinton Gregg Investments purchase a Superfund site near downtown Houston for redevelopment as a non-liable third party. Carol Dinkins chairs the group and polled more nominations than any other practitioner in Texas. Dinkins, “the grande dame of Texan environment law”, is one of the most experienced environmental attorneys in the state and enjoys an “excellent reputation” for litigation, permitting and environmental counselling. “Top-notch” Christopher Amandes is rated as an “outstanding regulatory lawyer”, particularly for his work in the petrochemical, refining, manufacturing, natural resources and real estate industries. Amandes commands a great deal of respect within the industry and among other matters he defended a refinery in the Houston area against an enforcement case that alleged excessive benzene emissions. Molly Cagle is a “superb lawyer”, according to sources and boasts a great deal of experience in the field. Respondents to the survey noted her strong litigation and counselling skills. She also comes highly recommended for permitting work before the United States Environmental Protection Agency (EPA) and the TCEQ. Sharon Mattox is “a thoughtful practitioner” and was recommended to researchers for the strength of her endangered species practice. Mattox is well-known for her work for the real estate industry and she has also represented clients in the energy, chemicals and port navigation arenas. Eric Groten joined the firm early in 2006 from Bracewell & Giuliani LLP, bringing with him a reputation as one of the leading Clean Air Act lawyers in the state. Large matters on which he has worked include the prosecution of a TCEQ adjudication of an air permit for a coal-fired power plant. Groten then defended the agency decision to issue the permit on judicial review in state district court in a highly politicised environment and despite opposition on both a local and national scale. John Howard is probably the best known legislative and environmental policy lawyer in Texas. He has helped a large domestic mining company and the largest US high-performance building association, among others, to improve partnerships with federal agencies. John Riley continues V&E’s strong showing in the research. From 1994 to 1998 he served as director of the litigation division of the Texas Natural Resource Conservation Commision (now the TCEQ). Riley was recommended as an “excellent litigator”. Highlights include helping a client obtain an air permit in a matter that was opposed by a citizen group, the county government and federal, state and local political figures. Larry Nettles’s advice on the environmental liabilities associated with transactions was noted to researchers and he is also known for his counselling and enforcement defence work. With such a deep bench of talent it is unsurprising that Vinson & Elkins boasts one of the most respected environmental practices in the state. 

Baker Botts LLP is similarly well regarded, with one prominent source noting that it is “the firm we find ourselves most often competing against for top environmental work.” Baker Botts possesses “a well-reputed environmental group that’s well regarded among clients” and has a “broader practice base than any other firm”, according to another leading light in the industry. Sara Burgin is an “excellent water lawyer”, who displays a “human touch that goes down well with clients”. Burgin represents industrial, business and municipal clients on such matters and emerges as one of the most respected attorneys in the state. Pamela Giblin is similarly well regarded and was praised to researchers as the “senior stateswoman of environment law in the state – sharp and well connected”. Giblin chairs the firm’s environmental department and comes recommended as a “guru” on air quality. Jennifer Keane’s Clean Air Act practice also comes highly commended – an area in which she successfully negotiated a favourable compliance order to address historic state and federal violations of the act by a forest product company. Matthew Kuryla is based in Houston and has a “wonderful” broad-based environmental practice. Kuryla currently serves as environmental counsel for three onshore liquefied natural gas terminal projects and one offshore LNG project in the Gulf of Mexico. He also plays an active part in the firm’s role as environmental counsel to the 62-member Texas Industry Project – a coalition of industrial clients with operations in Texas addressing current issues of environmental concern. The firm also advises smaller ad hoc coalitions of energy and chemical manufacturing clients in ongoing litigation and rulemaking connected to Texas air quality challenges including ExxonMobil, Valero, Shell and Dow, to name but a few. Derek McDonald in Austin is “very sharp” and has an excellent following. A respected litigator, McDonald completes what is an extremely strong showing in this chapter for Baker Botts. 

Kinnan Golemon of Brown McCarroll LLP has approximately 40 years of experience in the field and multiple sources identified him as one of the founding fathers of environment law in the state. An “appropriately revered figure in Texan environmental law and policy”, Golemon served as chair of the ABA’s standing committee on environmental law from 2004 to August 2007. His broad practice, coupled with a commensurately lofty reputation, sees him emerge as one of the most highly nominated practitioners in the state. The “experienced” Keith Hopson was also consistently nominated, particularly for the strength of his hazardous waste and Superfund practice, while Kenneth Ramirez has a strong water rights reputation. Praised as a “wonderful lawyer”, Ramirez serves on the EPA’s federal advisory committee regarding environmental issues on the US border with Mexico. Danny Worrell is also included in the following pages and is rated as “outstanding for hazardous waste matters”. Recent highlights include successfully representing a client in an administrative contested case hearing, where they sought to obtain renewal and new Class 1 hazardous waste injection well permits from TCEQ. 

Thompson & Knight LLP also fared well in our research. Among other matters the firm is currently assisting a landowner and developer of a 700-acre suburban site on virtually all aspects of the conversion of a family farm into a mixed-use office, retail and residential development. James Morriss has a broad practice with a strong emphasis on remediation and compliance issues, particularly on behalf of the cement, steel and real estate industries. He is also recommended for the strength of his Superfund practice. Partner James Harris is rated as an “outstanding trial lawyer” and “one of my favourites”, according to a prominent source. In addition to strong litigation credentials, Harris has a respected counselling practice and also runs compliance audits and develops corporate policies for clients. Scott Deatherage leads the firm’s new climate change and renewable energy practice group where he advises clients on global warming and greenhouse gas legislation. In addition to this he also has a leading reputation for his practice in the fields of air, water and hazardous waste. 

Akin Gump Strauss Hauer & Feld LLP is another firm with an internationally respected environmental practice. Although we don’t find space in our list for the same quantity of Akin Gump lawyers as we do for Vinson & Elkins and Baker Botts partners, the firm is home to one of Texas’s leading lights – Diana Dutton. Head of the firm’s environmental practice group, Dutton previously served as regional counsel to EPA, region 6. Our findings indicate that she is widely respected, with one respondent noting that she “has a good head on her shoulders for policy”. Partner Paul Seals is “thoughtful and experienced” and comes highly recommended for his Superfund work. Like Dutton, Seals has a background in government, having served as regional counsel in the Dallas office of the EPA. Prior to that he held the position of assistant general counsel for the Texas Department of Water Resources. Haynes & Boone LLP features on the following pages thanks to the strong showing of Jeff Civins and Mary Mendoza. Civins’s performance is particularly noteworthy, with sources variously describing him as “hardworking and bright”, “high calibre” and “very, very good”. His practice has a wide focus with recent highlights including the representation of an airline in settling litigation with another airline regarding contamination at JFK Airport. Mendoza was praised as “a rising star and an outstanding all-round environmental lawyer” by one prominent source. Her transactional and brownfield expertise were brought to the attention of researchers and she recently served as chair of the environmental section of the Texas State Bar. Bracewell & Giuliani LLP also produces two lawyers for the chapter – Tracy Hester and Timothy Wilkins. Hester heads the environmental law section in the Houston office and one leading practitioner noted, “he’s one of the smartest people I know, diligent and academic in his approach.” Rated as “one of the best in the state”, Hester represents clients from sectors such as petroleum and natural gas pipelines, petrochemical manufacturers, refineries, utilities and newspaper printers. Wilkins heads the firm’s environmental and natural resources group and is an expert in environmental management systems and due diligence. He boasts a good transactional base to his practice and is “a prolific author and very talented strategic thinker”. 

A number of firms in this chapter stand out thanks to the showing of individuals. Winstead PC is one such example, boasting the highly respected Albert Axe, who “certainly knows his stuff ” according to one prominent source. Axe was widely recommended for his all-round practice. Fulbright & Jaworski LLP is admired “for the depth of [its] practice and range of clients”, and in Patricia Braddock it boasts one of Texas’s leading lights. Braddock served as senior staff attorney for the Texas Air Control Board from 1978 to 1987 and is said to be “at the very top of her game for air pollution control matters”. A background in government is a recurring theme in this chapter: Frances Phillips of Gardere Wynne Sewell LLP spent 15 years with the EPA, nine of these as deputy regional administrator for region 6 in Dallas. More than one lawyer we spoke to noted Phillips’s knowledge of brownfield matters. Connelly Baker Maston Wotring Jackson LLP has a strong litigation and environmental counselling practice. Founding partner Debra Baker was consistently endorsed as a “very sharp litigator” and “excellent regulatory lawyer”. Robert Stewart is similarly well regarded and heads the environmental and administrative law practice group at Kelly Hart & Hallman LLP. Stewart boasts “a good group of clients” and is “a quite exceptional lawyer”, according to sources. He also brings his background as a chemical engineer to the table. Stewart comes recommended for his work relating to air pollution, toxic torts, criminal investigations and waste remediation. The “absolutely wonderful” James Smith represents Beirne Maynard & Parsons LLP in the publication. A “very sharp trial lawyer”, Smith “does a great job for his clients”, with representative matters including acting for a major chemical manufacturing company in a Clean Water Act citizen’s suit, brought by a national environmental interest group. Kirk Sniff founded Strasburger & Price LLP’s environmental law industry team and previously served with the EPA in Washington, DC. Sniff also has industry experience, having worked as associate general counsel for The Southland Corporation (now 7-Eleven). His environmental practice is broad and respondents noted his proficiency in environmental and toxic tort litigation. Robin Morse of Crain Caton & James PC is a long-standing member of the Texan environment bar and comes recommended as a litigator. Sources noted his work relating to hazardous waste. His clients include CenterPoint Energy, Schenectady International; the City of Port Arthur, Texas; and Baker Atlas. 

Mary Reagan heads the environmental and water practice at McGinnis Lochridge & Kilgore LLP and like so many in this chapter has a background in government. Reagan’s solid and hazardous waste practice was particularly noted and she also works on matters such as air and water quality. Her hazardous waste experience includes representing a major oil and gas refinery in enforcement and water quality compliance proceedings. Beveridge & Diamond PC maintains an excellent national reputation for environmental, land use and litigation expertise and has a strong Austin office. The “talented” Laura LaValle is “well trained and smart”, and sources noted the strength of her Clean Air Act practice. JD Head currently serves as managing partner of Fritz Byrne Head & Harrison LLP and “really knows his way around the industry”, according to respondents. Head is said to do “a good job for clients” in areas such as water quality and rights permits, solid and hazardous waste permits, regulation, air quality and enforcement actions. Guida Slavich & Flores PC focuses on the practice of environment law and in the figure of Joseph Guida boasts one of the most respected practitioners in the state. Guida founded what was described as “an excellent boutique firm in Dallas” and is known as a “solid, professional lawyer” who focuses on a wide array of environmental matters such as air and water quality, solid and hazardous waste as well as toxic substances and Superfund.

It is not possible to buy entry into Who's Who Legal

terms and conditionscontact us