Biography

Mark Walters has had two lives as a lawyer. He spent 15 years as a trial lawyer and litigator defending catastrophic personal injuries, class actions, and other complex tort and business cases nationwide. These included jury and bench trials in state and federal court and state and federal appeals, with a focus on drug and medical device litigation and insurance class actions. In 2009, Mark left Jackson Walker and the private practice of law for public service, joining the Environmental Protection Division of the Texas Attorney General’s office. For nearly six years, he represented the State of Texas and its agencies, including the Texas Commission on Environmental Quality, the Department of Parks and Wildlife, the Texas General Land Office, the Public Utility Commission, the Railroad Commission, and the Department of Transportation. Mark returned to the litigation team at Jackson Walker in 2015, but still counts his colleagues at the Attorney General’s office and his state-agency clients among his closest friends.

Since returning to Jackson Walker, Mark has focused on state and federal regulatory issues, with an emphasis on environmental and environmental-related litigation. His experience spans across:

  • agency negotiations
  • rule making
  • challenges to agency rules
  • obtaining, amending, and defending permits
  • defending agency enforcement actions
  • prosecuting and defending private-party litigation claims arising from regulated activities

He also helps clients navigate a wide array of other state and federal regulatory mazes. Recent non-environmental regulatory matters include helping clients reflag a yacht, obtain a commercial drivers’ license, obtain law enforcement investigation files, perform internal corporate investigations, and negotiate with the Department of Health and Human Services.

Practice Experience

  • Environmental Law and Litigation:  Clean Air Act, Clean Water Act, Endangered Species Act, NEPA, RCRA, solid waste, Natural Resource Damages, and superfund
  • Drug and Medical Device Litigation: Day-to-day responsibility for a nationwide docket of cases involving catastrophic personal injuries allegedly caused by pharmaceutical products and regulated medical devices
  • Other Environmental Related Law and Litigation:  Water rights and regulation, property rights and takings, marine fisheries, animal law
  • Other Administrative and Regulatory Law and Regulated Industries: energy; insurance; transportation; tax;  healthcare; open records, Texas Public Information Act, and federal Freedom of Information Act
  • Toxic torts and litigation among private parties in regulated industries

Career Highlights

Spotlight

Previously represented the State of Texas and its agencies and now represents Jackson Walker clients San Miguel Electric Cooperative, South Texas Electric Cooperative, the Gulf Coast Lignite Coalition, and the Lignite Energy Council in greenhouse gas litigation with the EPA, including the Clean Power Plan Rule, the Cross State Air Pollution Rule, the Mercury and Air Toxic Standards, and the Regional Haze Rule.

 

Mark managed the day-to-day responsibility for a nationwide docket of cases alleging catastrophic personal injuries for multiple drug and medical device manufacturers and pharmacies. Those claims included inadequate labeling and improper marketing. Mark was responsible for all aspects of case management including trials, depositions, experts, and court appearances. Damages were typically sought in excess of $10 million and no adverse judgement was ever entered against a client in any of these cases. Mark obtained a complete defense verdict in a jury trial in Dallas federal court in a case alleging that the label for the pain-reliever Aleve inadequately warned of the risk of bleeding ulcers.

Community

  • Green Corn Project, Board Member
  • Environmental Law Institute
  • Texas Bar College
  • NAACP
  • Austin Yacht Club

News & Events

  • Publication

    FEMA – Who, What, When, and How of Filing Claims

    Read more
  • Publication

    Walters, Nasi, Arechiga Discuss Clean Air Act Litigation and Ramifications of New 5th Cir. Ruling in Law360

    Read more
  • Spotlight

    A Double Defeat for EPA on Regional Haze Regulations

    Read more
  • Highlights

    The Supreme Court Holds that Army Corps’ Jurisdictional Determinations are Final Actions Subject to Judicial Review

    Read more
  • Spotlight

    EPA Finalizes GHG Regulations for the Oil and Gas Industry and Clarifies which Sources May Be Aggregated for Permitting Purposes

    Read more
  • Publication

    Exxon May Snatch Victory from Defeat in $641M Pollution Row

    Read more
  • Publication

    United States Supreme Court Grants Stay of EPA’s 111(d) Clean Power Plan Rule

    Read more
  • Publication

    EPA Officially Commences Unprecedented Regulation of Power Plants, Threatening Grid Reliability – Litigation Ensues

    Read more
  • Publication

    EPA Finalizes Tougher Ozone Standards

    Read more
  • Publication

    Corporate Prosecutions: Individual Liability is Now Essential in Both Civil and Criminal Actions

    Read more
  • Publication

    Ben Rhem, Mike Nasi, and Mark Walters Featured in ‘Law360’

    Read more
  • Publication

    EPA Proposes Methane Rules, Site Aggregation Policies for Oil and Gas Sector

    Read more