ENVIRONMENTAL & CLIMATE CHANGE LAW
The Environmental and Climate Change Law practice at DWMR is led by Celina Romero, former general counsel of the predecessor agency to the Texas Commission on Environmental Quality (TCEQ). The firm’s practice in this area involves matters pending before state and federal environmental agencies, including obtaining and complying with air, water, waste-water and waste permits; resolving enforcement actions; providing advice on compliance issues; providing guidance in the developing area of federal regulation of greenhouse gas emissions, including obtaining permits for greenhouse gases from the U.S. Environmental Protection Agency; responding to information requests under the Clean Air Act and the Resource Conservation and Recovery Act; performing environmental due diligence in support of acquisitions and mergers; Superfund and Voluntary Cleanup actions; water use; and the representation of local groundwater conservation districts and municipalities on environmental issues. Lawyers from DWMR’s Environmental and Climate Change Law practice group regularly appear in rulemaking matters pending at the TCEQ and Environmental Protection Agency (EPA) and also advance the interests of firm clients before the Texas Legislature. We appear in contested case hearings and file suits on behalf of clients seeking judicial review of agency decisions. The firm has extensive experience in legal issues arising out of the energy industry. We have been heavily involved in the development of regulations and advising clients with respect to regulatory issues arising out of the development of the Barnett Shale and Eagle Ford Shale plays. We have also been heavily involved in matters involving groundwater conservation districts and other water issues. The lawyers in DWMR’s Environmental and Climate Change Law practice pride themselves on maintaining close client contact in pending matters and on being responsive to clients’ input, questions, and concerns.
TCEQ / EPA Matters:
- Obtain air, water, waste-water, and waste permits or permits by rule from the TCEQ
- Seek greenhouse gas permits under EPA’s Tailoring Rule and provide advice on restricting greenhouse gas emissions to synthetic minor levels
- Negotiate agreed enforcement orders and compliance orders
- Represent clients in contested case hearings in permitting and enforcement actions
- Represent clients in suits for judicial review of agency decisions
- Respond to information requests under the Clean Air Act and the Resource Conservation and Recovery Act
- Advise clients on regulatory compliance issues
- Review and comment on policy and rulemaking proceedings on such topics as:
- State requirements relating to oil and gas air permitting, enforcement procedures, penalty policies, and compliance history policy
- Federal requirements relating to air quality issues such as NSPS, NESHAPs, greenhouse gas reporting and regulation, and nonattainment area designations, as well as issues involving storm-water discharge
- State Implementation Plan regulations, including East Texas combustion sources and VOC storage rules
- Advise clients on issues pertaining to geologic sequestration of carbon dioxide
- Advise and represent clients in matters involving the state Environmental Audit Privilege Act
- Perform general conformity reviews in nonattainment areas when triggered by major federal action
- Perform National Environmental Policy Act reviews
- Represent municipally owned water and waste-water systems concerning CCN matters, water discharge permits, and resolution of nuisance odor complaints
Groundwater Regulation and Ownership:
- Represent groundwater districts in governance issues, development of rules, and issues relating to groundwater ownership and withdrawal rights
- Provide counsel to clients with respect to individual groundwater ownership issues and groundwater leases
- Provide assistance to clients with respect to groundwater withdrawal and transportation issues
Mergers and Acquisition Due Diligence:
- Perform environmental due diligence in support of transactions, including review of the compliance status of acquisition or merger targets
- Identify unresolved or pending regulatory issues that will have a material effect on the transaction
- Anticipate upcoming regulatory developments that may materially affect the transaction
