Biography
Dan is a recognized authority on CERCLA/Superfund, RCRA and State cleanups. His 30 years of practice in this area and representation of clients big and small on removal and response actions of every variety gives him a perspective on the practice shared by very few. His expertise has allowed him to efficiently analyze each case and provide sound strategic advice to assist his clients at hundreds of Superfund sites across the country.
Dan is a certified mediator and has successfully mediated numerous matters to resolution.
Education
B.A., Oral Roberts University
J.D., University of Tulsa College of Law
Bar Admissions
California, 1985
Texas, 1995
Court Admissions
United States Supreme Court
United States Court of Appeals for the First, Fifth, Eighth, and Ninth Circuits
United States District Court for the Southern District of Texas
United States District Court for the Central and Northern Districts of California
Dan has been involved in precedent-setting CERCLA litigation relating to municipal solid wastes and cost recovery.
- Recently represented client in successful cost recovery action involving 1200 PRPs.
- Represented PRP Group in converting Unilateral Order to Consent Decree with forgiveness of substantial past costs.
- Chambers USA: America’s Leading Lawyers for Business
- Recognized Practitioner in Environment: Litigation – Texas, 2006 – 2007
- Recognized Practitioner in Environment – Texas, 2008 – 2013, 2017
- Ranked for Environment – Texas, 2018-2020
- Super Lawyer, Super Lawyers by Thomson Reuters, 2013-2019
- Top Attorney in Texas, Texas Monthly, 2015 – 2016
Publications
- “Supreme Court Allows “PRP” Landowners to Bring State Common Law Claims at Superfund Cleanup Site,” Jackson Walker Insights (April 23, 2020)
Speaking Engagements
- “Set Your Sights on an Exit Strategy” and “Successes, Failures, and Lessons Learned,” EHS Support Sediment & PRP Summit in Philadelphia, September 2016
- “I Need to Hire an Expert: Now What?!,” August 2012, Chevron Law Department, Lunch and Learn Series
- “How To Handle Agency Inspections,” February 2009, TransCanada USA Services, Inc. In-house Environmental Group
- “The Ethics of Negotiations,” January 2009, The Woodlands Bar Association CLE Luncheon Series
- “Conflicts of Interest,” June 2009, Chevron U.S.A. Law Department
- “CERCLA Cost Recovery and Allocation,” April 2005, Mealey’s Environmental Litigation Conference
- “Managing CERCLA Litigation,” June 1994, Executive Enterprises, Inc. Southwest Environmental Regulations Seminar
- “CERCLA 101,” May 1991, National Association of Manufacturers
- “The CERCLA Petroleum Exclusion and E&P Exception,” November 1990, American Petroleum Institute
- Texas Bar Foundation, Life Fellow
- The Woodlands Bar Association, Former Vice President
- American Bar Association
- State Bar of Texas
- State Bar of California
- Houston Bar Association
Dan has a national Superfund and natural resource damages practice and handles litigation associated with CERCLA sites. He serves as common counsel for a number of PRP Groups.
Dan has represented clients in hundreds of these matters for 30 years – first as in-house counsel for a major oil company,then as outside counsel – in every EPA Region. He has also been lead counsel in more than 30 CERCLA cases in jurisdictions from coast to coast.
In addition, Dan has litigated pipeline and construction cases and mediated several energy cases.
Dan has developed particular expertise in the following areas:
- CERCLA and its state analogs
- Natural Resource Damages
- Pipelines