The firm represents clients in administrative law and environmental law matters in the following types of proceedings:
Litigation and Administrative Proceedings against the Government Brought by Third Parties, Citizens, Industries, and Affected Landowners
- Participation in Agency Rulemaking and Permitting Proceedings
- Petitions to Agencies
- Challenges to Agency Inaction
- Challenges to Permit Issuance or Adverse Permit Conditions
- Challenges to the Approval of Local, State, or Federal plans
- Challenges to Local, State, or Federal Administrative rules or regulations
- Challenges to State or Federal statutes on Constitutional grounds
- Claims against Governmental Entities for Money Damages
- Takings Claims and Eminent Domain proceedings
Litigation and Administrative Proceedings Involving Private Parties
- Injunctions
- Third Party Challenges to Permit Compliance (Citizen Suits)
- Money Damages Claims
- For Nuisance, Negligence and Surface and Subsurface Trespass to Land
- For Contribution or Proportionate Responsibility among Multiple Parties
Special Topics
- Rules and Practices unique to the Edwards Aquifer Region
- Water Resource Development and Wastewater
- Internal Compliance Audits and Pollution Prevention
- Federal Freedom of Information Act (FOIA) and Texas Open Records Act
State and Federal Administrative and Civil Enforcement Proceedings
- Resolving Notices of Violation and Penalty Assessments informally
- Contesting Notices of Violation and Penalty Assessments formally via
- Contested Case Hearing or Hearing before an Administrative law Judge
- Appeal to a Commission or Agency Board and / or
- Filing or Defending an Action in State or Federal Court
- Negotiating Consent Decrees, Settlements, and Voluntary Cleanup Agreements
“We know the science and the people involved that are keys to resolving issues created by the existence of contaminated sites and water disputes whether subsurface or above. Dealing in the arena of contaminated sites due to small gas leaks from a neighboring filling station to major superfund litigation in all areas of United States jurisdictions in the continental US to off shore territories for 35-plus years provides us with the requisite knowledge and experience to reach the best possible result for clients. Water is the new “black gold,” and we have a working knowledge of the applicable regulatory controls of water use and development that we have dealt with for 35-plus years. David Barton – Shareholder Emeritus