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| Practice Areas | Environmental; Clean Tech; Regulatory Law | | | Education | University of Texas, J.D., with honors, 1975, Brandeis University, A.B., 1967; Pennsylvania State University, M.S., 1970 | | | Admitted | 1975, Texas; 1980, U.S. Court of Appeals, Fourth Circuit; 1981, U.S. Court of Appeals, Fifth Circuit and U.S. Court of Appeals for the District of Columbia Circuit; 1985, U.S. District Court, Western District of Texas; 1986, U.S. Court of Appeals, Ninth Circuit; 1997, U.S. District Court, Southern District of Texas; 2002, U.S. District Court, Northern District of Texas | |
| Memberships | State Bar of Texas (Environmental and Natural Resources Law Section; Administrative Law and Litigation Sections; Standing Chair, Annual Texas Environmental Superconference); American Bar Association; College of the State Bar of Texas. | | | Born | Newark, New Jersey | | | Biography | Order of the Coif. Keeton Fellow. Dean's Roundtable. Honors: Best Lawyers' 2010 Austin Environmental Lawyer of the Year; Top Tier environmental lawyer in Texas - Chambers USA: America's Leading Lawyers (2003-2009); Best Lawyers in America - Environmental Law (1989-2010); Who's Who Legal: USA - Environment (2006-2009); Texas Super Lawyer - Texas Monthly (2003-2009); Top 50 Lawyers in Central and West Texas - Texas Monthly (2003-2009); Top 100 Lawyers in the State - Texas Monthly (2008-2009); Top-Notch Environmental Lawyer - Texas Lawyer (2007); Austin Business Journal Best of Business Attorneys - Environmental (2005). Selected Presentations and Publications: "Environmental Due Diligence - Counting Carbon," with M. Mendoza and A. Sencenbaugh, Natural Resources and Environment, ABA Section of Environment, Energy and Resources, Fall 2009; "Law360 Q&A," September 8, 2009; "Corporate Dealmaking in a Carbon Conscious World," with M. Mendoza, State Bar of Texas 8th Annual Advanced In-House Counsel Course, article and July 30, 2009, presentation and article; "The Carbon Revolution: Answering the Call," with M. Mendoza, Texas Bar Journal (April 2009); "Companies Should Be Cautious When Making Green Claims," with M. Mendoza, Executive Legal Advisor (March/April 2009); "Environmental Regulation and the New Administration," 2009 Annual Winter Meeting of the Association of Energy Service Companies, February 20, 2009, presentation, The Woodlands, Texas.; "The Opportunities and Risks of the New Federal Stimulus Bill - Environmental Aspects," February 19, 2009, presentation. ; "Climate Change Disclosures - Avoid the Heat," with M. Mendoza, Texas Lawyer, February 2009 ; "The Carbon Revolution," with M. Mendoza, UT CLE 2009 Carbon and Climate Change Conference, Austin, Texas, February 3-4, 2009; "Green Claims - Disclosure and Liability," Conference Board EH&S Legal Council, Houston, Texas, January 14, 2009; "When It Comes to Eco-Marketing, It's Not Easy Being Green," with M. Mendoza, Austin Business Journal (November 21, 2008); "Corporate Sustainability and Social Responsibility: A Legal Perspective," with M. Mendoza, Texas Bar Journal (May 2008); "Corporate Marketing as 'Carbon Neutral' - Legal Issues," with J. Braddock, 2008 Carbon and Climate Change Conference, UTCLE (April 24-25, 2008); "Harnessing Information for the New Age of Environmental Law," Moderator (Day 1), Texas Law Review Symposium (Feb. 1-2, 2008); "Reconciling Shareholder Value Creation with Stakeholder Interests - Corporate Sustainability," Panel Chair, Institute for Excellence in Corporate Governance - 4th Annual National Conference, UT Dallas (October 26, 2006); Conference Chair and Speaker on "All Appropriate Inquiry," The Eighteenth Annual Texas Environmental Superconference, the Environmental and Natural Resources Law Section of the State Bar of Texas, the Water Environment Association of Texas, the Texas Association of Environmental Professionals, the Air and Waste Management Association-Southwest Section, the Auditing Roundtable, and the American Bar Association Section of Environment, Energy and Resources (ABA-SEER) (August 3-4, 2006); "Doing Environmental Due Diligence," American College of Real Estate Lawyers Quarterly, (May 2006) and ABA-SEER Environmental Transactions and Brownfields Committee Newsletter (Nov. 2006); "All Appropriate Inquiries - Are They Appropriate?" with M. Mendoza, BNA Environmental Due Diligence Guide (Jan. 19, 2006, No. 167) and BNA EHS Strategies (Jan. 2006, No. 1); "Transactional Environmental Due Diligence - What diligence is due?" with M. Mendoza, Natural Resources & Environment, ABA-SEER (Winter 2006); "Public Participation in Environmental Permitting and Enforcement Proceedings," with Iris Gibson, University of Texas School of Law Administrative Law Conference (June 28-29, 2005); "The Third Party and Transaction-Related Defenses," with M. Mendoza and C. Fernandez, ABA-SEER Environmental Litigation & Toxic Torts Committee Newsletter (July 2005); "Environmental Management Systems," with A. Strong and C. Fernandez, Chapter 31, Volumes 45-46, Thomson West Texas Practice (2005); "Environmental Aspects of Business Transactions," with B. Phillippi, Chapter 32, Volumes 45-46, Thomson West Texas Practice (2005-2007); "Fundamentals of Environmental Law," State Bar of Texas Ten Minute Mentor; "Cleanup Help Not Aviall-able," with J. Eldridge, Texas Lawyer (Jan. 10, 2005); "Proper environmental due diligence should be part of a stock acquisition," Austin Business Journal (Dec. 3-9, 2004), Dallas Business Journal; Birmingham Business Journal; "Who's Liable Now? New Federal Brownfields Legislation," with B. Phillippi, Texas Bar Journal (Dec. 2002), reprinted in Real Estate Issues (Winter 2003-2004); "Practical Advice for Defense Counsel in Mass Toxic Tort Cases," with M. Mazzone and E. Kohn, Texas Lawyer (Nov. 2001); "Water Issues for Oil & Gas Producers," Southwest Legal Foundation (2001). | | | ISLN | 908374876 | |
Documents by this lawyer on Martindale.com
Greenhouse Gas (GHG) Regulatory Update: Three New Proposed Actions Continue the DebateJames D. Braddock, Jeff Civins, Mary Simmons Mendoza, October 8, 2009 Greenhouse gas ("GHG") regulatory developments to address climate change concerns continue. On September 23, 2009, we noted EPA had finalized its GHG reporting rules. On September 30, 2009, three new proposals were released, two of which, if adopted, would initiate air quality regulation...
EPA Proposes Disapproval of Certain Texas Air Quality Permitting ProgramsJames D. Braddock, Jeff Civins, Mary Simmons Mendoza, September 16, 2009 In a widely publicized announcement, EPA is proposing to formally disapprove certain aspects of the air quality permitting of the Texas Commission on Environmental Quality ("TCEQ"). If adopted, the EPA proposal could have significant ramifications for companies that have relied upon those...
EPA Reconsideration of Carbon Dioxide in Air Quality PermitsJames D. Braddock, Jeff Civins, Mary Simmons Mendoza, March 11, 2009 On February 17, 2009, EPA Administrator Lisa Jackson issued a response to the Sierra Club's Petition for Reconsideration of the December 18, 2008 memorandum issued by Ms. Jackson's predecessor, Stephen Johnson ("the Johnson memorandum"), regarding reviewing carbon dioxide in air quality...
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