Main Practice Contact

Jeff Civins
+1 512.867.8477


In the News

Jeff Civins in Law360: $3B Texas Pollution Case Puts Punitives In Play For Gov't

A Texas county’s unsuccessful quest for a $3 billion penalty against International Paper Inc. for allegedly polluting a river with toxic waste has defense attorneys concerned that the government is showing a new willingness to seek severe punitive damages against companies over sites that have already been remediated. >>

Julie Domike in Law360: $100M Hyundai, Kia GHG Penalty Ups Stakes For Plant Rule

The first-of-its-kind $100 million penalty levied Monday against Hyundai Motor Co. and Kia Motors Corp. puts companies on notice that regulators will bring civil cases to enforce federal greenhouse gas laws, increasing the pressure on those fighting to weaken the U.S. Environmental Protection Agency’s still-pending rule on emissions from existing power plants. >>



Recent Publications

EPA Approves Texas Takeover of Greenhouse Gas Permitting

On October 31, 2014, the U.S. Environmental Protection Agency (EPA) finalized its approval for the State of Texas to issue greenhouse gas (GHG) permits for new and modified facilities. >>

Texas Railroad Commission Finalizes Proposal to Require Seismic Surveys

More than 30 earthquakes jolted the area in and around the City of Azle, Texas - 20 miles north of Fort Worth - last November through January. >>

Bloomberg BNA Daily Environment Report Guest Article: Clean Air Act: New Developments That Are Redefining the Enforcement Landscape

In its own strategic plan, the Environmental Protection Agency anticipates a decline of more than 30 percent in federal inspections and evaluations during the next five years and also expects to bring 40 percent fewer civil judicial and administrative enforcement cases during that time. >>

Recent Developments in Clean Air Act Enforcement Tactics May Spell Increased Risk for Many Companies

Despite diminishing enforcement budgets for state and federal agencies, a combination of technological and regulatory developments could significantly increase risk of enforcement activity in coming months and years. >>




Environmental Issues

  • Air Quality
  • Climate Change
  • Water Quality
  • Water Rights
  • Storm Water
  • Hazardous and Solid Waste
  • Site Remediation
  • Brownfields
  • Land Use
  • Storage Tanks
  • Chemical Regulation
  • Pesticides
  • Radioactive Materials (including NORM)
  • Wetlands
  • Endangered Species
  • NEPA
  • Historic Preservation
  • Hazmat Transport
  • Indoor AirQuality
  • Mold
  • Asbestos
  • Benzene Exposure
  • Environmental Management
  • Community Right-To-Know
  • White Collar Crime
  • International Environmental Law
  • Bankruptcy
  • Insurance
  • Agriculture
  • Administrative Law
  • OSHA

Environmental

The lawyers of the environmental practice of Haynes and Boone, LLP provide value to our clients by helping them find pragmatic, creative, and cost-effective ways to deal with a broad spectrum of the most sophisticated environmental and toxic tort issues arising out of the conduct of their business.

We draw on more than a thorough knowledge of applicable law; we draw on experience working with clients at their places of business (be they refineries, chemical plants, hi-tech and traditional manufacturing facilities, oil and gas exploration and production facilities, or real estate developments and office buildings), experience working with regulatory agencies in resolving issues of regulatory concern, and experience in having worked on a multitude of business transactions for a wide range of clients in a variety of industrial sectors.

Our reputation before regulatory agencies in particular as well as the environmental community in general is based on the quality of our work, our credibility, our professional contributions to the practice of environmental law, and the caliber of the clients we represent. Several years ago, we had the unique opportunity to represent the State of Texas in two related federal enforcement actions. Although we generally represent regulated industry, we worked with the state’s environmental agencies and with EPA and the Department of Justice in helping the state obtain the largest environmental penalty it ever recovered and the federal government, the largest civil penalty it ever recovered under the Clean Water Act.

Members of our environmental practice group work as a team. We team with client representatives, consultants, investment advisors, environmental attorneys from other jurisdictions, and attorneys in other practice areas, both inside and outside the firm. We apply this teamwork approach to regulatory and legislative, transactional and corporate matters, and to litigation.

Regulatory and Legislative Matters

We counsel clients on regulatory requirements relating to ongoing operations, as well as those associated with the construction of new facilities and modifications of existing facilities. We assist clients in the scoping and performance of compliance audits, including those conducted under pertinent audit privilege/immunity statutes, in preparing for or challenging aspects of agency enforcement actions, and in negotiating and implementing ordering provisions of administrative and civil enforcement orders and decrees. We assist clients too in dealing with Superfund information requests and in creatively resolving governmental claims prior to litigation.

We help clients monitor, and provide input to, pertinent agency rulemaking and policy development. We assist clients not only with specific matters, but also in developing and applying environmental policies and management programs, including policies pertaining to sustainability and climate change.

Transactions and Corporate Matters 

In transactions, we work closely with clients and their other professional advisors to devise innovative methods to streamline due diligence procedures, to identify environmental risks, including risks related to climate change, and to devise creative and cost-effective ways to manage those risks. We provide input into the structure of the transactions and draft and negotiate environmental provisions. We help clients not only in structuring and negotiating transactions involving contaminated properties, but also in developing those properties in a cost effective and timely manner under applicable regulatory programs, such as the Texas Voluntary Cleanup Program. We also assist clients in negotiating insurance policies for known environmental conditions and in negotiating fixed-price cleanup or environmental liability transfer arrangements.

We have served as local counsel to the institutional lenders in TXU’s proposed construction of 11 power plants, in Kohl Kravis and TPG’s buyout of TXU, and in the successor corporations’ issuance of a series of bonds. Our role in the buyout included evaluating the regulatory, legislative, and judicial proceedings and using that knowledge to help address related transactional issues. We also represented the United States Department of Treasury in performing environmental due diligence of the assets of the new General Motors.

We also assist clients on the environmental aspects of corporate disclosures made under other governmental regulatory programs, such as those of the SEC and FTC. We have counseled clients on disclosures relating to environmental risks generally, to climate change risks, and to asset retirement obligations.

Litigation 

We represent clients in all types of environmental litigation, including criminal as well as civil and administrative enforcement actions, citizen enforcement actions, and administrative appeals and rulemaking. We represent clients in toxic tort and property contamination litigation, and in government and private party Superfund proceedings throughout the country. Utilizing our practical experience and insight, we assist our clients in cost effectively resolving environmental related controversies.