In the News

John Eldridge Highlights Lessons in Climate Change Litigation

A climate change litigation threat appears to be looming for the oil and gas industry in the wake of a US Supreme Court decision allowing the regulation of greenhouse gases as air pollutants. John R. Eldridge, an attorney with Haynes and Boone LLP in Houston, notes the lesson for the oil and gas industry is that it cannot expect immediate dismissal of claims associated with damages allegedly caused by GHG emissions. >>

Chambers USA Recognizes Haynes and Boone Lawyers, Practices

Chambers USA: America’s Leading Lawyers for Business 2009 has singled out 36 Haynes and Boone, LLP lawyers in 16 practices for recognition in its annual law firm rankings. The firm was also honored for having 13 separate areas of practice that lead at the state and national levels. >>



Recent Publications

Supreme Court Limits Superfund Liability – In Two Ways

The United States Supreme Court yesterday handed down its eagerly awaited opinion in the consolidated cases of BNSF v. U.S. and Shell Oil Company v. U.S., on the issues of arranger liability and joint and several liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), or Superfund. On both issues, the Court ruled eight to one in favor of the potentially responsible parties, and those rulings should have positive repercussions for defendants in other cases involving these issues. >>



John R. Eldridge

Partner

Houston


1 Houston Center
1221 McKinney, Suite 2100
Houston, Texas 77010
T +1 713.547.2229
F +1 713.236.5570

Areas of Practice

Education

  • J.D., University of Texas, 1980, Senior Articles Editor, Texas International Law Journal
  • B.A., Rice University, 1975

Bar Admissions

  • District of Columbia
  • Texas

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Northern District of Texas

John Eldridge has almost 30 years of experience in environmental litigation and regulatory practice, with an emphasis on Superfund, property contamination and toxic tort litigation. He has argued several CERCLA appeals before the Fifth Circuit and tried cases in various courts.

John frequently represents buyers and sellers of contaminated properties and assists clients in assessing and addressing environmental risks associated with various business transactions. Internal investigations, environmental crimes, enforcement defense, Clean Water Act permitting and risk based "closure" certifications of contaminated real estate are also significant aspects of his practice.  He is admitted to practice before the U.S. Supreme Court, among others.

John has been engaged in such matters as the following:

  • Won a five-week trial in a multiparty contamination case.
  • Successfully argued Fifth Circuit appeal of a CERCLA statute of limitations ruling.
  • Advised a European client regarding major steel manufacturing acquisition.
  • Represented an Asian buyer of a U.S. chemical company.
  • Won a jury trial involving a shopping center in Houston contaminated with dry cleaning solvents.
  • Negotiated complex indemnity and cleanup agreement with the City of Houston involving a contaminated maintenance facility, allowing a multi-million dollar real estate acquisition to proceed.
  • Defended and resolved toxic tort suit involving 1,300 plaintiffs.
  • Won summary judgment on behalf of major international oil company involving pollution claims by successor owner of a refinery in East Texas.
  • Assisted several companies by performing internal investigations of alleged criminal violations.
  • Evaluated and negotiated around environmental risks associated with several $100+ million IPOs involving industrial and pipeline properties (representing issuers and underwriters).
  • Obtained risk based closure certificate for large contaminated Houston industrial plant, allowing multi-million dollar asset sale by bankruptcy trustee.
  • Assisted client in obtaining waste permits and remediation contracts in Mexico.
  • Renegotiated the environmental responsibilities stemming from a major refinery and chemical plant transaction. 
  • Represented a major herbicide manufacturer in a West Coast arbitration.
  • Developed environmental policies for a major Australian company's U.S. operations.

Selected Publications and Presentations

  • "Environmental Case Law Update," The Nineteenth Annual Texas Environmental Superconference, the Environmental and Natural Resources Law Section of the State Bar of Texas, the Water Environment Association of Texas, the Texas Association of Environmental Professionals, the Air and Waste Management Association-Southwest Section, the Auditing Roundtable, and the American Bar Association Section of Environment, Energy and Resources (2007 Superconference)
  • "AttorneyClient Privilege and Effective In-house Communication," American Corporate Counsel Association (2006)
  • "Cleanup Help Not Aviall-able," with Jeff Civins, Texas Lawyer (Jan. 10, 2005)
  • "CERCLA's de micromis Exemption – Does it Benefit Nonliable Parties?" with Heather Davis, ABA-SEER (May/June 2004)
  • "Environmental Management Systems; Legal Ramifications and Issues," International Association of Drilling Contractors (2003)

Professional Recognition

  • Named one of the Best Lawyers in America 2010 in Environmental Law (Woodward/White, Inc.)
  • Named a Texas "Super Lawyer" by Texas Monthly, 2004-2006
  • Selected as a Leading Environmental Lawyer in Texas by Chambers USA, 2004-2009

Selected Representative Experience


Carter v. Ballard Sand and Gravel et al. (2003)
Represented a major energy company in a lawsuit filed in Nueces County, Texas, by approximately 40 families who claimed that a refinery waste disposal pit in their neighborhood caused personal injuries and property damages. The jury returned a verdict for the company following a trial of the claims of the “trial plaintiffs.”

Achee v. Port Drum Co., 197 F. Supp. 2d 723, 735-36 (E.D. Tex. 2002)
Represented manufacturer in 1,200-plaintiff toxic tort and property contamination case brought in Beaumont, Texas. Case resulted in a favorable result of a summary judgment and favorable settlements.

Defense of Toxic Tort and Property Damage Claims
We represent a chemical company in defense of toxic tort and property damage claims in Atlanta, GA and and Knoxville, TN.

El Paso - Superfund
Represented El Paso in a major Superfund matter that was tried in federal court in Beaumont, Texas over many weeks.

Geraghty and Miller, Inc. v. Conoco, Inc., 234 F.3D 917 (Fifth Circuit)
Prosecuted a successful appeal on issues regarding statute of limitation and the definition of certain key terms under CERCLA, including 'operator' liability.

Robert Sanchez, et al. v. Sunoco, Inc., et al No. 03-61284-1 (In the County Court at Law No. One of Nueces County, Texas)
Represented three clients in property contamination cases in Corpus Christi, Texas.

Memberships

  • State Bar of Texas
  • District of Columbia Bar
  • American Bar Association
  • Houston Bar Association
  • Greater Houston Partnership Environmental Advisory Committee
  • Awty International School (Former Board Member)
  • French-American Chamber of Commerce (Board Member)
  • Palmer Memorial Church
  • United Way (Alexis de Toqueville Society)
  • DaCamera Music Society (Board Member)
  • Rice Humanities Research Center (Advisory Board Member)
  • Old Braeswood Property Owners Association (President, 2010)
  • UT Law Alumni Keeton Fellow
  • Alumni of St. Paul's School, Concord, N.H., 1970

Online Publications

05/05/2009 - Supreme Court Limits Superfund Liability – In Two Ways
The United States Supreme Court yesterday handed down its eagerly awaited opinion in the consolidated cases of BNSF v. U.S. and Shell Oil Company v. U.S., on the issues of arranger liability and joint and several liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), or Superfund. On both issues, the Court ruled eight to one in favor of the potentially responsible parties, and those rulings should have positive repercussions for defendants in other cases involving these issues.