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Derek McDonald
Derek McDonald
Derek R. McDonald
Partner
derek.mcdonald@bakerbotts.com
Details
Overview
Overview Admission & Affiliations Experience News Thought Leadership Awards and Community
Practices
Air Quality
Climate Change
Chemical Regulation
Energy Litigation
Environmental Aspects of Transactions
Environmental Coalitions
Environmental, Safety and Incident Response
Environmental, Natural Resources & Toxic Tort Litigation
Environmental, Social, Governance (ESG)
Incident and Crisis Response
Infrastructure
International Environmental Law
Solid and Hazardous Waste
Water and Wetlands
Wildlife
Industries
Carbon Capture, Utilization, and Storage (CCUS)
Energy
Manufacturing
Renewable Fuels

Overview

Derek McDonald practices in the areas of environmental law and litigation, concentrating on matters relating to the permitting of high-profile projects and infrastructure. His experience includes counseling and litigation in air quality, municipal, hazardous or radioactive waste, and NEPA matters and representation of clients in contested administrative proceedings in federal and state courts.

Admission & Affiliations

  • State Bar of Texas
  • New York State Bar
  • United States Courts of Appeals for the Fifth, Tenth and District of Columbia Circuits
  • United States District Courts for the Southern and Western Districts of Texas
  • Austin Bar Association
  • J.D., The University of Texas School of Law 1992
    with honors

    Order of the Coif
    Associate Editor, The Review of Litigation

  • B.A., Russian, The University of Texas 1989
    with honors

Experience

  • Liquefied natural gas export terminal – representation of LNG company in first evidentiary hearing before the State Office of Administrative Hearings and Texas Commission on Environmental Quality for the issuance of State air quality and Prevention of Significant Deterioration (PSD) permit for an LNG export terminal in Texas
  • Industry association – representation of Texas industry association in connection with challenge to and conservation planning for proposed listing of the Dunes Sagebrush Lizard whose habitat includes the Permian Basin as endangered under the federal Endangered Species Act
  • Wholesale power generation companies – representation of wholesale power generation companies in administrative and judicial litigation before the State Office of Administrative Hearings, Texas Commission on Environmental Quality, and state court in successful issuance and affirmance of State air quality, Prevention of Significant Deterioration (PSD), and case-by-case Maximum Achievable Control Technology (MACT) permits for two new supercritical pulverized coal-fired electric generating units in Texas. Representation also included contested case hearing on TPDES permit and authorization of new landfill for coal combustion residuals.
  • Wholesale power generation company – representation of operator of coal-fired power plant in defense of citizen suit brought by environmental association under federal Clean Air Act
  • Construction company – representation of a concrete recycler before SOAH, TCEQ and Texas state courts in permitting of new rock crusher protested by the City of Houston and Harris County
  • Major land developer – representation of applicant in a contested case hearing for a TCEQ waste water permit seeking authorization for land disposal of treated effluent on golf course property, securing the first-ever summary disposition of an application protest
  • Energy company – representation of an energy company in the assessment of a vast parcel of land in the Middle East that was claimed to have been impacted by oilfield operations in international arbitration before the ICC International Court of Arbitration, including work with technical experts to develop an auditing and sampling program that allowed for the assessment of any environmental impact to air, soil, groundwater, flora and fauna by petroleum constituents and the identification of appropriate remediation standards and guidelines in the Middle East
  • Energy company – representation of an energy company in the negotiation of environmental terms of a production sharing agreement for oilfield operations in a Middle Eastern country
  • Oilfield service company – representation of oilfield service company in contested case hearing before the Railroad Commission of Texas in permitting of protested oilfield pits
  • Worldwide industrial gas provider – representation of gas supplier in contested case hearing before the Railroad Commission of Texas on approval of underground gas storage cavern
  • Major mining company – assistance in representing a major mining company in the assessment and adjudication of over $11 billion in environmental contamination claims in the United States and Canada
  • Municipal utility – representation of applicant in a contested case hearing resulting in issuance of a PSD air permit for the first new coal-fired generating unit to be built in Texas in more than fifteen years
  • Major chemical company – representation of chemical company in complaint proceedings before the Railroad Commission of Texas relating to underground brine mining and storage caverns
  • Large manufacturing company – negotiation of the settlement of federal and state claims for response actions and natural resource damages arising as a result of the discharge of hazardous substances into a Texas bay
  • Petroleum refiner – representation of applicant for a PSD quality permit to authorize the continued operation and expansion of a fluid catalytic cracking unit (FCCU) at one of the largest petroleum refineries in Texas
  • Oilfield service company – defense in the litigation of a personal injury and property damage tort action arising as a result of allegedly improper oilfield activities in New Mexico
  • Waste management company – representation of the seller of a commercial hazardous waste complex in Port Arthur, Texas, that involved complex environmental permitting and real estate issues, including the first-ever split and separation of a hazardous waste disposal permit and a tender of performance under purchase agreement
News
See More News
15 August 2024 News Release Baker Botts Earns Huge Increases in Accolades in The Best Lawyers in America
10 June 2024 News Release Baker Botts Maintains Leading Chambers Rankings in Environmental, Safety & Incident Response
06 June 2024 News Release Baker Botts Earns 14 Band 1 Practice Rankings in Chambers USA 2024 Gold Stars
12 April 2024 News Coverage Drag Ban Opponents Defend Free Speech Stance To 5th Circ.
08 April 2024 News Release Baker Botts Helps Secure Appellate Win for Texas Families of Transgender Youth Pride In Action
05 February 2024 News Coverage The Lawdragon Green 500: The 2024 Leaders in Environmental Law
23 October 2023 News Coverage Block Texas Drag Ban During Appeal, Opponents Urge Judge
27 September 2023 News Coverage Texas Judge Strikes Down 'Unconstitutional' State Drag Ban
10 August 2023 News Release Baker Botts Joins the ACLU of Texas in Representing Plaintiffs Challenging State’s Ban on Drag Performances Pride In Action
07 June 2023 News Release Baker Botts Expands Its Leading Chambers Rankings in Environmental, Safety & Incident Response
01 June 2023 News Release Baker Botts’ Band 1 Practice Rankings Increase by 27% in Chambers USA 2023 Gold Star
22 March 2023 News Release Baker Botts Represents Sempra Infrastructure on Port Arthur LNG Phase 1 Project LNG Tanker
15 August 2024 News Release Baker Botts Earns Huge Increases in Accolades in The Best Lawyers in America
10 June 2024 News Release Baker Botts Maintains Leading Chambers Rankings in Environmental, Safety & Incident Response
06 June 2024 News Release Baker Botts Earns 14 Band 1 Practice Rankings in Chambers USA 2024 Gold Stars
Thought Leadership
See More Thought Leadership
09 May 2024 Client Updates Biden Administration Adopts Comprehensive NEPA Regulations: Key Points to Know
01 August 2023 Client Updates CEQ Proposes Extensive Re-write of NEPA Regulations: Biden Administration Seeks to Rollback Trump-Era Changes, Spotlight Climate and EJ Concerns, and Achieve Clean Energy Targets
19 October 2022 Speeches & Presentations Building Sponsorship & Mentorship Programs That Enhance DEI Initiatives
July 2022 Speeches & Presentations Federal Air Quality Actions Affecting the Public Power Landscape in Texas
20 April 2022 Client Updates Climate Change, Environmental Justice Focus of Final NEPA Phase I Rule Revisions
April 2022 External Article Navigating the Legal Landscape for the Second Regional Haze Implementation Period
March 2022 Speeches & Presentations Introduction to the Clean Air Act
07 October 2021 Client Updates Climate Change, Environmental Justice to Take Center Stage in Environmental Impact Statements Under White House NEPA Proposal
March 2021 Speeches & Presentations Introduction to the Clean Air Act
March 2020 Speeches & Presentations Introduction to the Clean Air Act
09 May 2024 Client Updates Biden Administration Adopts Comprehensive NEPA Regulations: Key Points to Know
01 August 2023 Client Updates CEQ Proposes Extensive Re-write of NEPA Regulations: Biden Administration Seeks to Rollback Trump-Era Changes, Spotlight Climate and EJ Concerns, and Achieve Clean Energy Targets
19 October 2022 Speeches & Presentations Building Sponsorship & Mentorship Programs That Enhance DEI Initiatives

Awards and Community

Named a "South Trailblazer" by The American Lawyer, 2022

Recognized as "Lawyer of the Year" for Litigation-Environmental in Austin by The Best Lawyers in America (Woodward White, Inc.), 2021

Listed in Chambers USA, 2004-2023

Listed in The Best Lawyers in America (Woodward White, Inc.), 2006-2023

Recognized as a Texas Super Lawyer-Rising Star (Thomson Reuters), 2004 and as a Texas Super Lawyer (Thomson Reuters), 2004 & 2010-2022

Recognized in The International Who's Who of Environment Lawyers (Law Business Research Ltd), 2011

Recognized by Who's Who Legal: Texas (Law Business Research Ltd), 2007

Recognized as Austin Business Journal's "Best of Business Attorneys-Environmental," 2006