Administrative Proceedings

Jump to: Contested Case Hearings | Rulemaking | Appeals | Representative Matters

Companies in a wide range of industries are subject to environmental regulation by state and federal agencies with confusing, and sometimes even conflicting, statutes, procedures and objectives. Our Environmental attorneys are on the cutting edge of developments in this rapidly changing field. Over the years, we have developed trusted relationships with key decision-makers at these agencies that enable us to effectively educate, defend and advocate for our clients in administrative proceedings.

Our administrative and civil enforcement experience includes defense of energy, chemical, agriculture and manufacturing clients in contested RCRA, CWA, CAA and EPCRA proceedings with EPA Region VI and the TCEQ. We also represent companies before the Railroad Commission and handle appeals before various administrative agencies. Our extensive experience enables us to develop innovative solutions for clients, helping them anticipate regulatory changes and efficiently obtain the permits necessary to keep their businesses moving forward. When enforcement issues arise, our attorneys are skilled in defending clients through the case hearing, rulemaking and appeals processes. Whether seeking new permits, amending existing permits, or defending against an enforcement action, our attorneys are well-equipped to handle these administrative proceedings from beginning to end.

Contested Case Hearings
In recent years, we've successfully defended clients in some of the largest and most significant contested case hearings in Texas. Our attorneys have extensive experience in every aspect of the hearing process, from pre-filed testimony through discovery and motion practice, evidentiary hearings, closing arguments, and, when necessary, appeal.

In many cases, contested permits or enforcement actions can be resolved without administrative action through skillful negotiation with interested parties and the public. Because we have extensive experience in compliance and permitting, including public participation in the process, we are able to recommend strategies for obtaining approvals in the most efficient manner possible.

Rulemaking
We take a proactive approach to addressing environmental regulatory problems before they create hardships for our clients. Our attorneys routinely file comments to rules proposed by the various regulatory agencies at the state and federal level. We also take an active role in stakeholder hearings that are held before those agencies. At the request of our clients, we file comments or attend hearings on specific issues that have the potential to impact their businesses.

Appeals
In the event that a client should need to appeal a ruling or enforcement action, we are highly skilled in the appeals process. Although we work to minimize administrative hassles on the front end, should administrative actions become adversarial, our Litigation team has extensive experience defending clients in both administrative settings and against federal and state governmental environmental enforcement actions.