Environmental

McGinnis Lochridge attorneys have considerable knowledge of environmental issues and a strong track record at federal, state and local levels. Our experience encompasses a wide range of matters related to air quality, hazardous and solid waste, water, coal and uranium mining, contaminated sites, wetlands and endangered species. We are well versed in permitting, enforcement defense, environmental audits and due-diligence work, along with related litigation and administrative appeals of agency decisions, and provide counseling and comprehensive assistance with permitting and enforcement under the broad array of environmental statutes and regulations.

We represent clients before the Texas Commission on Environmental Quality (TCEQ), the U.S. Environmental Protection Agency (EPA), as well as the Railroad Commission of Texas, the U.S. Corps of Engineers and the U.S. Fish and Wildlife Service.

Our attorneys are dedicated to supporting our clients, working to fully understand their businesses and how various environmental statutes and regulations may apply. We are active in policymaking and also monitor legislative and regulatory developments, both state and federal, to determine how proposed rules and legislation may affect client interests. Our lawyers are experienced in seeking legislative and rulemaking solutions to client issues where appropriate.

Clients who seek out our Environmental Practice Group include Fortune 500 companies as well as smaller companies, landowners, developers, municipal water utilities and individuals. Some representative client industries include commercial waste disposal, petrochemical refining and manufacturing, heavy-industry manufacturing, oil and gas operations, medical waste treatment, surface mining and more.

Permitting and Contested Cases

Our attorneys have handled the full spectrum of permitting matters, including advising clients in the application process and coordinating with the permitting agency.  We have considerable experience in complex contested case hearings and appeals of agency orders in court. Collectively, the members of our Environmental Practice Group have the capability and resources to represent a permit applicant from before submission through final action by the courts in the event of an administrative appeal.

Compliance and Enforcement

We routinely counsel clients on compliance with complex environmental statutes, regulations, permits and orders. We advise clients on emerging issues such as climate change as well as environmental issues that have been around for years. Due to vigorous state and federal enforcement efforts, we have substantial experience representing clients in enforcement actions including those brought by the TCEQ and the EPA. Our expertise includes settling routine and complex enforcement actions and negotiating settlements and orders.

We also defend clients in state and federal courts in complex civil litigation and class actions involving environmental claims, including toxic tort and claims under the various federal and state statutes.

Litigation

We have represented individuals and companies in toxic tort lawsuits involving environmental claims. Some of these have involved mining, manufacturing, solid-waste disposal and the oil and gas industry. Our experience also includes obtaining Lone Pine-style case management orders. Our litigation experience also extends to litigation under the Endangered Species Act.  While we have significant litigation experience in such matters, our attorneys have helped a variety of stakeholders avoid litigation through planning and compliance efforts. Our approach is to help clients find solutions that keep economic interests protected while working with federal and local government entities to facilitate cooperation and results. Most recently, we have been involved in the creation of regional conservation credit markets, designed to provide a new way for industry, agriculture, and other stakeholders to meet their legal obligations while keeping their operations open.