Environment & Natural Resources
The landscape of environmental law is a patchwork of complex and sometimes overlapping laws, regulations, and agency policies that change at a dizzying pace. Companies affected by environmental requirements routinely deal with legal disputes, compliance headaches, public relations challenges, and legislative roadblocks. In short, running a business with an environmental impact can get very complicated, very quickly.
We provide a path through the maze. Our attorneys work on all fronts: planning, permitting, compliance and legislation, to solve problems for our clients. Our unique approach combines a dedicated team of attorneys skilled in specific areas of environmental law with a respected legislative team that watches out for our clients’ interests on the state and national level. Integrating these functions allows us to provide comprehensive solutions that address our clients’ current needs while monitoring changes in regulations and legislation that might affect their future business plans.
When it comes to planning and permitting, we stay ahead of emerging environmental issues so that we can equip our clients to meet the challenges they face in this dynamic regulatory arena. Whether counseling on cutting-edge issues such as climate change regulation, cooling water intake requirements, and shale play development, or offering guidance on long-standing requirements such as remediation or solid and hazardous waste management, we have the technical knowledge and experience to develop innovative strategies to help clients meet their obligations and attain their goals.
To achieve our clients’ objectives, we employ a wide range of techniques. Often, solutions negotiated at the agency level are successful. Sometimes, the only way to achieve the desired result is through administrative hearings, litigation or tenacious involvement in formal rulemaking dockets. We thoroughly understand the ins and outs of these processes and have obtained favorable results for our clients in some of the most significant environmental litigation and contested case hearings in the state.
However, to navigate the complexities of environmental law, our clients need more than knowledge of the laws and regulations. Their success also depends on our ability to maintain strong and trusted relationships with key decision-makers at administrative agencies and the legislature. Current members of our environmental and legislative team have over 100 years of combined experience practicing before regulatory agencies and the Texas Legislature. They include attorneys who formerly worked for the Legislature, the Texas Commission on Environmental Quality, the Railroad Commission of Texas, and the Texas Attorney General’s Office.
Our clients are building, feeding and powering the country. They operate in a highly regulated space. We clear the obstacles that stand in their way. By putting our knowledge, experience and relationships to work for clients, we enable them to continue their important work of shaping and improving the world we live in.
Air Quality
Air quality permitting in Texas can be tremendously complicated for those unfamiliar with the regulations. Our attorneys work closely with each client to develop a clear understanding of the permitting issues associated with the client’s project. We know that choosing the right type of permit can save our clients significant time, money and regulatory hassles. We develop cost-effective permitting solutions that take into account the individual needs of our clients, and we serve as advocates for clients in the regulatory controversies that surround air quality enforcement.
Carbon Management & Climate Change
We enjoy a national reputation in energy law dating back to the late 1800s when one of our founding partners, A.W. Walker, Jr., first developed many of the fundamental concepts of modern exploration and production law. Our leadership in developing innovative solutions to issues for our energy clients continues, both domestically and internationally, and now encompasses experience in all sectors of the ever-changing energy economy, including emerging carbon capture and storage industry, as well as the gasification of solid fuels such as coal, petroleum coke, and biomass.
Compliance and Enforcement
At Jackson Walker, we take a proactive approach to compliance and enforcement, helping our clients see the big picture and plan for compliance issues that might arise and thereby avoid costly enforcement actions later.
Electric Power Generation
We help our power generation clients stay on top of changes and plan proactively for challenges to come. Our environmental and legislative attorneys are continually tracking regulatory and legislative changes at the federal and state level to gauge their potential impact on clients.
Environmental Due Diligence
We work with clients during real estate and corporate and financing transactions and development of projects to identify potential environmental risks and liabilities. We also develop strategies to address identified issues and have experience in structuring and negotiating transactions to minimize and manage environmental liabilities.
Environmental Litigation and Toxic Tort
Jackson Walker’s environmental and toxic tort litigation team provides clients with predictable, cost-efficient, and practical solutions on environmental and toxic tort litigation matters.
Mining and Reclamation
We know the importance of mined minerals to our nation’s economic and energy needs. Almost everything – from power generation and transportation to the products that we use every day – requires mined minerals (clay, crushed stone, granite, lignite, coal, limestone, marble, sand and gravel, uranium, etc.). We represent coal, lignite, aggregate, and uranium mining companies in reclamation and compliance activities and in the development of power generation projects.
Project Development & Permitting
Virtually all major industrial facilities and energy projects require environmental approvals or permits to be obtained prior to construction or operation. The permitting process can be complicated and challenging, as neighbors, activists and competitors may seek to use the permit process to delay, scale back, or kill a proposed project. Successful permitting requires careful planning, prudent site selection, and effective use of trained professionals.
Remediation and Property Redevelopment
We help clients, including both current and former landowners, resolve issues related to contaminated property. We work with engineers and other consultants to develop the best approach for attaining cost-effective investigation and remediation. We also have experience in structuring and negotiating transactions to minimize and manage environmental liabilities as part of the redevelopment of property with environmental issues. Working closely with our Real Estate and Corporate & Transactions practices, we provide a full range of services to clients involved in transactions that have an environmental component.
Renewable Energy
Jackson Walker attorneys assist clients in connection with the development, financing, construction, and operation of a wide range of energy-related projects, including wind, solar, battery storage, and carbon capture, utilization and storage (CCUS) projects. We address the most pressing issues in the development of renewable energy projects, including ensuring the project will limit any potential impact to endangered species, protected water bodies, and cultural resources, and that the project will comply with applicable environmental permits.
Superfund
We represent a wide variety of potentially responsible parties (PRPs) and PRP groups at Superfund sites across the country, including handling issues related to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and analogous state laws, enforcement actions, cost recovery and contribution cases, natural resource damages, property transactions, permitting, and compliance.
Waste
Our attorneys provide permitting, enforcement defense, and compliance counseling for clients in the areas of municipal and industrial hazardous and non-hazardous solid waste management, disposal, and remediation. Our clients range from individual landowners to large municipalities and corporations. In addition to providing a full range of services to our clients, we are actively involved in the legislative and rule-making actions that shape environmental law in Texas.
Water
Jackson Walker’s environmental attorneys are skilled in all areas of water quality regulation and have the experience to efficiently and effectively guide clients to their goals. We help clients develop effective reuse, disposal, and pollution prevention strategies to tackle challenges before they become problems. As in all areas of environmental law, water regulations change frequently. With extensive experience in all aspects of water use, from permitting to litigation, our environmental attorneys bring clarity to this complicated field.
Ninth Circuit Upholds $18M Default Judgment for Energy Client
November 8, 2022
Jackson Walker Client ClubCorp Acquires Sequoia Golf
October 3, 2014
September 17, 2024
Attorney News
Jackson Walker Congratulates Its “Texas Super Lawyers” of 2024
Jackson Walker proudly announces the selection of 71 attorneys to Thomson Reuters’ 2024 “Texas Super Lawyers” list.
Each year, less than 5% of attorneys in Texas are named to the list. Selection is based off of peer nominations that are then reviewed by a research team. Each nominee is evaluated on his or her professional accomplishments, peer recognition, and community involvement.
September 10, 2024
Attorney News
Michael Nasi and Peter Wahl Recognized in Who’s Who Legal Environment & Climate Change Report
Michael Nasi and Peter Wahl were recognized as “Thought Leaders” in Who’s Who Legal’s Environment & Climate Change report for 2024.
September 6, 2024
Mentions
Wyoming Supreme Court Sides with Small-Scale Solar Users I WyoFile
Mike Nasi discusses the Wyoming Supreme Court decision on small-scale solar users.
August 15, 2024
Attorney News
‘The Best Lawyers in America’ Features 306 Jackson Walker Attorneys in 2025 Edition, Including 9 “Lawyers of the Year” and 75 “Ones to Watch”
The Best Lawyers in America has recognized 306 Jackson Walker attorneys across 81 specialty practice areas in its 2025 edition, including 9 Lawyers of the Year and 75 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (75 attorneys) and Real Estate Law (55 attorneys) and the addition of 27 attorneys as Best Lawyers.
July 11, 2024
Insights
EPA Advances Major Regulations on Per- and Polyfluoroalkyl Substances (PFAS)
By Taylor Holcomb & Travis Wussow
Due to the emerging issues and heightened public attention around PFAS, EPA in 2021 announced a whole-of-government strategic roadmap on addressing PFAS. The roadmap lays out a three-pronged approach: adding new restrictions on air and water emissions of PFAS and new regulations for PFAS disposal; expanding remediation and cleanup of existing PFAS contamination; and funding PFAS research to better understand these compounds and their impact on health and the environment.
July 9, 2024
Podcasts
Chevron Overturned: The Supreme Court’s New Direction on Agency Authority
JW Fast Takes Podcast | ~10 minutes
In this episode of Fast Takes, Travis Wussow and host Courtney White discuss the U.S. Supreme Court’s recent decision to overturn Chevron USA v. Natural Resources Defense Council.
July 8, 2024
Mentions
Travis Wussow Quoted in ‘Houston Business Journal’ About Supreme Court’s Reversal of Chevron Deference
Travis Wussow was featured in a Houston Business Journal article discussing the U.S. Supreme Court’s decision to overturn its 40-year-old precedent in Chevron U.S.A. v. Natural Resources Defense Council, Inc.
“This is one of the most consequential cases that the Supreme Court has decided in many years,” he said. “If federal agencies have less power, then those who are regulated may take a different footing when engaging with their regulators because there are other options available to them. They can go to court if they feel that the agency has stepped out of line.”
July 1, 2024
Insights
Supreme Court Issues Landmark Decision Curbing Authority of Federal Agencies
On Friday, June 28, the Supreme Court handed down a decision in one of the most consequential administrative law cases in decades. In Loper Bright v. Raimondo (consolidated with Relentless v. Department of Commerce), the Court addressed the question of whether to overturn its 40-year-old precedent in Chevron U.S.A. v. Natural Resources Defense Council, Inc.
June 24, 2024
Podcast: Future-Ready Business
The AI Frontier: Policy, Regulation, and Global Leadership
In this episode of Future Ready Business, Art Cavazos and Courtney White welcome Neil Chilson, Head of AI Policy at the Abundance Institute, and Travis Wussow to discuss the rapidly expanding realm of artificial intelligence.
June 14, 2024
Speaking Engagements
Michael Nasi Presents on EPA’s Final Greenhouse Gas Regulation
Jackson Walker partner Michael J. Nasi will present a webinar entitled “EPA’s Regulation of Power Fleet GHGs” on June 17, 2024.
