James Braddock

Profile

James Braddock has more than thirty-seven years of experience in air quality matters, both as an attorney, general counsel, and manager of air quality planning for a regulatory agency (Texas Air Control Board), as well as a previous private practice working for a broad range of clients.  With that experience, Jim has developed extensive knowledge that goes beyond merely understanding agency rules to also include unique insights into the history and interpretation of those rules as well as the policies and procedures used by agency personnel in rules administration. That knowledge is put to good use in providing clients with effective analyses and recommendations in cost-efficient manner.

In air quality matters, Jim has experience representing an array of industrial and commercial activities, from rock crushers to refineries and power plants to coating operations. Jim has done extensive work in assisting oil and gas operators responding to the dramatically increased regulations and oversight placed upon that industry in recent years. Whether it is permitting, compliance, or regulatory analysis and planning, Jim’s experience with both agency personnel and processes, at local, state and federal agencies enables him to provide timely assistance. He is effective in permitting including identifying the easiest path forward and dealing with agency objections or public opposition. He assists clients in maintaining compliance and responding to enforcement actions resulting in withdrawal of alleged violations or substantial reductions in proposed penalties. Jim’s background in administrative procedures, freedom of information laws and open meetings requirements has been applied to assist clients for matters involving a variety of agencies including those involved in other than environmental matters. He is well-recognized within the legal community including multiple recognitions by Chambers USA 2009-2014, Best Lawyers in America 2005-2015, and Texas Super Lawyers 2011-2014.

Jim is active in professional organizations including the Air and Waste Management Association and has spoken and written frequently on air quality matters. Since arriving in Texas from the Midwest in 1974, Jim has maintained ties with both areas including serving as a representative for his Wabash College Alumni Association, delivering meals on wheels, and volunteering at legal assistance clinics.

Professional and Community Activities

  • Air and Waste Management Association
  • Natural Resources Energy and Environmental Law Section of the American Bar Association
  • Environmental and Natural Resources and Public Law Sections of the State Bar of Texas

Representative Matters

  • Deutsche Bank/Green Energy Team Hawaii Biomass Project - Represented Deutsche Bank Securities Inc., as Mandated Lead Arranger and Lender for a $76.1 million loan facility to fund construction of a 7.5-megawatt (net) biomass-to-energy facility on the island of Kaua'i, Hawaii.
  • Freeport Power Refinancing - Acted as lenders counsel in the refinancing of an inside-the-fence cogeneration facility located in Freeport, Texas.

Selected Client Representations

  • Negotiating substantial reductions in proposed administrative penalties for environmental matters;
  • Obtaining a favorable ruling allowing a client in an ozone nonattainment area to retain existing technology instead of having to incur substantial additional expenditures for new technology;
  • Assisting clients in obtaining permits through the contested case hearing process;
  • Assisting clients in obtaining permits without the necessity of a contested case hearing;
  • Assisting clients in protecting the confidentiality of records from disclosure under the Texas Open Records Act and the federal Freedom of Information Act.
  • Successful appeals of TCEQ compliance history classification.

Professional Recognition

  • Recognized by Chambers USA 2009-2014 as one of the leading practitioners in the United States for Environment 
  • Best Lawyers in America - Environmental Law, 2005-2015 
  • Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™ 
  • Who's Who Legal: USA – Environment, 2009 
  • Texas Super Lawyer - Environmental, Administrative Law, 2011-2014

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