Environmental Permitting

• Representation of three entities seeking Class VI underground injection control (UIC) permits from EPA for carbon capture, use, and sequestration (CCUS) projects, including advising on confidential business information under Freedom of Information Act
• Representation of river authority seeking new, major surface water right, including through contested case hearing process and appeal
• Representation of river authority seeking water right amendment
• Representation of river authorities and water districts in strategic protests of water rights applications
• Representation of companies seeking groundwater conservation district permits, including through contested case hearing process
• Representation of municipal utility districts seeking amended wastewater discharge permits
• Representation of company seeking new municipal solid waste permit
• Representation of company seeking amendment and renewal of industrial hazardous waste permit
• Representation of landowners opposing groundwater authorizations, amendments, and surface water management plans, including through contested case hearing process
• Representation of LNG terminal seeking air permit, including through contested case hearing process
• Representation of refinery seeking state air permit amendment

Environmental Counseling and Transactions

• Advised wide variety of companies— potential CO2 generators, transporters, injectors, and service providers—on risks and benefits of developing or joining CCUS projects
• Provided environmental support, risk analysis, and advice to transactions involving CCUS project
• Transaction advice on strategic risks associated with acquisition of groundwater-contaminated properties
• Representation of company at FEMA seeking changes to floodplain maps through Letter of Map Revision
• Regulatory enforcement support at state and federal levels
• Advised on Safe Drinking Water Act and public water utilities laws
• Drafted contracts for wholesale water sales
• Advised on National Historic Preservation Act and Endangered Species Act consultation
• Advised on wetlands mitigation obligations
• Advised on U.S. Army Corps of Engineers requirements for alterations impacting navigation channel
• Advised on environmental risks associated with FPSO (floating production, storage, and offloading) facilities

Litigation

• Representation of river authority in state district court and state appellate court litigations
• Defense of property owner against U.S. Army Corps of Engineers enforcement for filling wetlands
• Representation of utility companies in state air rule challenge
• Defense of Clean Air Act citizens’ suits regarding NSR permitting and excess emissions events
• Defense of City enforcement for alleged historic waste disposal
• Defense of CERCLA action for water contamination
• Briefing and litigation under the Texas Public Information Act