Carie Goodman McKinney concentrates her practice in the regulatory and transactional areas of Environmental Law. Her practice includes compliance counseling and representing clients in permitting and regulatory enforcement actions related to federal and state regulation of solid and hazardous waste, Superfund negotiations, and water and waste discharges, and federal regulations related to toxic chemicals. Working closely with environmental consultants, Ms. McKinney assists clients with compliance auditing and with remediation of contaminated property under the Texas Voluntary Cleanup Program and Superfund. Ms McKinney also counsels clients on environmental aspects of real estate, corporate, bankruptcy and other transactions, including environmental due diligence and contract negotiations.
Prior to going to law school, Ms. McKinney was as an environmental engineer for the U.S. Environmental Protection Agency. She first worked in Region 6 with municipal and industrial waste water permitting and enforcement. Subsequently, she worked at the EPA’s National Enforcement Investigation Center in Denver, Colorado, where she managed enforcement investigations in support of both civil and criminal air and hazardous waste enforcement cases.
Ms. McKinney was recognized by Chambers USA 2009-2010 as one of the leading practitioners in the United States for Environmental Law.
Ms. McKinney recently has represented:
- A chemical manufacturing facility in a TSCA enforcement action brought by EPA Region 6.
- A chemical manufacturing company regarding TSCA compliance related to the R&D exemption and health effects reporting.
- A major manufacturing company in an enforcement action brought by EPA Region 6 involving waste imported from South America.
- A smelting company and transportation company in their liquidation of assets across the United States associated with its bankruptcy.
- A variety of clients in remediating contaminated property under the Texas Voluntary Cleanup Program.
- Multiple clients in negotiating settlements at several Superfund sites.
- A manufacturing company conducting an environmental audit under the Texas Environmental, Health and Safety Audit Privilege Act.
- Regulated industries in permit and enforcement proceedings before the Texas Commission on Environmental Quality and the Environmental Protection Agency.
- A capital investment firm in reorganization and liquidation of companies coming through bankruptcy.
Online Publications
04/07/2009 -
EPA Sheds Light on Availability to Tenant of Bona Fide Prospective Purchaser Defense to Avoid CERCLA Liability
Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, tenants—as well as landlords—may be considered present or past owners or operators of contaminated properties, and thus liable as "potentially responsible parties" (PRPs) for the substantial costs of investigating and remediating contamination, regardless of fault. Recently, the Environmental Protection Agency (EPA) issued guidance regarding the availability of a particular CERCLA defense to tenants. Although there are other arguments and defenses against liability, prospective tenants may wish to consider the protections afforded by this defense and the steps necessary to take advantage of it.