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.

  • McGinnis Lochridge Welcomes Zachariah T. Evans in Austin January 7, 2019 - Zachariah T. Evans

  • Author and Co-Presenter, If You Want to Play in Texas: SB 709 – Who’s In Your Band?, 30th Annual Texas Environmental Superconference, Austin, Texas August 2, 2018 - Lisa Uselton Dyar

  • Co-Author, Environmental Citizen Suits – A General Overview, NRMCA ConcreteWorks 2015 September 21, 2015 - Lisa Uselton Dyar

  • Co-Author, The Mind is a Terrible Thing to Waste: Solid and Hazardous Waste Issues, 27th Annual Texas Environmental Superconference August 6, 2015 - Lisa Uselton Dyar

  • Environmental Impacts of Oil and Gas 2014, The University of Texas School of Law, Houston, Texas March 2014 - Russell Johnson

  • Co-Author, You Can Lead Legislators to the Watering Hole, But You Can’t Make Them Drink: Environmental Highlights From the 83rd Regular Legislative Session, 25th Annual Texas Environmental Superconference August 1, 2013 - Lisa Uselton Dyar

  • Presenter, Introduction to the Control of Air Quality Enforcement in Texas, Texas Commission on Environmental Quality, Austin, Texas January 2001 - Lisa Uselton Dyar

  • Presenter, Air Quality Issues: Upset/Maintenance, 12th Annual Texas Environmental Superconference, Austin, Texas August 2000 - Lisa Uselton Dyar

  • Presenter, Introduction to the Control of Air Quality Enforcement in Texas, Texas Commission on Environmental Quality, Austin, Texas July 1999 - Lisa Uselton Dyar

  • Panel Member, Upset/Maintenance, malfunctions, Startups and Shutdowns, U.S. Environmental Protection Agency Region 6 Conference May 1999 - Lisa Uselton Dyar

  • Co-Author, 1993 Water Quality Update, State Bar of Texas Advanced Environmental Law Seminar January 1994 - Lisa Uselton Dyar

  • Author, The Cost of Household Hazardous Waste Hits Home, 22 St. B. Tex. Envtl. L. J. 189 1992 - Lisa Uselton Dyar