Mr. Holden is the section head of the environmental regulatory practice group at Liskow & Lewis. He provides environmental advice and counsel to natural resources, petrochemical and industrial companies. His energy litigation experience encompasses oil and gas regulatory litigation, royalty and related litigation and landowner/mineral lessee disputes. Some of his practice areas and representative cases are discussed below.
Mr. Holden has worked extensively on environmental issues related to oil spills. He has served as lead environmental counsel in the response to the 2010 Deepwater Horizon oil spill. He has extensive experience with the Oil Pollution Act and similar state statutes and Oil Spill Financial Responsibility requirements. In addition to the Deepwater Horizon incident, he has worked on oil spills from terminals caused by Hurricane Katrina and oil spills from pipelines. Mr. Holden devotes a substantial part of his practice to environmental permitting requirements. For example, Mr. Holden has acted as lead environmental counsel for the permitting under the Deep Water Port Act of the Freeport Main Pass Energy Hub in federal waters of the Gulf of Mexico. In addition, Mr. Holden has provided energy companies and trade associations with environmental counseling and representation for facilities operating in the federal waters of the Gulf of Mexico. In addition, Mr. Holden has served as lead environmental counsel for the environmental permitting of chemical plants in St. James and Iberville Parishes, and of a commercial hazardous waste incinerator located in St. Mary Parish.
Mr. Holden devotes a substantial part of his practice to the representation of companies with regulatory issues related to historical contamination of industrial and other properties. For example, Mr. Holden serves as lead counsel for groups of Potentially Responsible Parties (PRPs) in connection with the remediation of the Combustion and Dutchtown superfund sites in Louisiana. In addition, Mr. Holden represents a wide range of companies with remediation issues addressed under the Louisiana Risk Evaluation, Corrective Action Program (RECAP).
Mr. Holden devotes a substantial part of his practice to the representation of energy companies and chemical companies in a wide variety of federal and state environmental enforcement matters. For example, Mr. Holden represents several energy companies in enforcement proceedings with EPA Region 8 concerning Clean Air Act compliance issues within Indian air sheds in Utah. These proceedings involve complex compliance issues involving MACT standards, New Source Performance Standards, and Title V permit requirements. Mr. Holden has represented a wide variety of companies in environmental enforcement proceedings before EPA Region 6 and the Louisiana Department of Environmental Quality (LDEQ).
Mr. Holden's environmental practice has involved extensive work with all major federal and state environmental statutes, the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act (RCRA), and the Comprehensive Environmental Compensation and Liability Act (CERCLA). He also teaches a seminar on the Clean Air Act at the Loyola Law School (New Orleans).
Mr. Holden devotes a substantial part of his practice to the representation of companies in environmental and insurance litigation. For example, he represents the Port of South Louisiana in litigation concerning the release of odors allegedly affecting a neighborhood in St. John the Baptist Parish. He represents another company in litigation involving allegation of environmental contamination from historic cattle raising activities.
•“Legal Concerns About BSEE's BAST Proposal,” OOC BAST Workshop, with Allen Verret and Sandi Fury, The Woodlands, TX, July 10, 2014
•“BAST Rulemaking-Why the Loss of the Safe Harbor is Important,” Gulf Petroleum Club Coast Safety & Training Group, with John Gray, Lafayette, LA, March 14, 2014
•“The Lawyer's Role in Oil Spill Planning,” Houston Bar Association, Environmental Luncheon, with John Gray, Houston, TX, October 9, 2013
•“NPDES Upset and Bypass Defenses,” 2010 Water Workshop, ExxonMobil, Houston, TX, June 2, 2010
•“Current Developments and Environmental Compliance for Liquids Terminals,” ILTA Annual Meeting, New Orleans, LA, October 15, 2009
•“Proposed GHG Mandatory Reporting Rule,” Air & Waste Management Association, September Dinner Meeting, Baton Rouge, LA, September 24, 2009
•“Air Compliance Requirements for E&P Facilities on Indian Lands,” and “Clean Water Act Developments and EPA Enforcement Initiatives on the Gulf of Mexico,” Liskow & Lewis 2009 Environmental Law Seminar, Houston, TX, May 7, 2009
•“New Source Review and Recent Judicial Developments,” AIChE 2008 Spring Meeting, New Orleans, LA, April 8, 2008
•“Overview of the Brownfields and LDEQ's Voluntary Remediation Program,” Liskow & Lewis and U.S. Risk Management LLC, New Orleans, LA, January, 2008
•“External Floating Roof Landing Issues,” Independent Liquids Terminals Association Conference, Houston, TX, June 2007
•“Defending State or Federal Enforcement Actions,” Liskow & Lewis Environmental Compliance: Hot Issues and Recent Developments, New Orleans, LA, April 2007
•“Career Tutorial,” Air and Waste Management Association's 99th Annual Conference and Exhibition, New Orleans, Louisiana, June 2006
•Air Commissions: Roof Landings and Permit Compliance, Independent Liquid Terminals Association Conference, Houston, Texas, June 2006
•Hurricane Katrina: It's an I ll Wind that Blows No Good, Panel ABA 35th Annual Conference on Environmental Law, Keystone, Colorado, March 2006
•EPA Enforcement and OCS Environmental Permitting, Liskow and Lewis Seminar, 2006 Environmental Seminar, Environmental and Safety Developments Affecting the Energy Industry: OCS and Onshore, Houston, Texas, January 2006
•“Title V Compliance,” 2005 Air and Waste Management Association luncheon seminar, Lake Charles, Louisiana, February 2005
•“Legal Perspective - How does compliance factor into your EHS MS?” ENVIRON Corporation, Environmental, Health and Safety Management Systems: Ideas, Perspectives and Experiences, Baton Rouge, Louisiana, January 2005
•“Civil Enforcement and Penalty Trends,” “Remediation Issues - RECAP,VRP and Bona Fide Prospective Purchasers Panel, and “'Hot Air' Panel Discussion on Clean Air Act Compliance Panel, Liskow & Lewis, Environmental Compliance at the Operational Level, New Orleans, Louisiana, January 2005
•“Title V Compliance Seminar Panel, Trinity Consultants, Inc., Lunch with Trinity, Kenner, Louisiana, August 2004
•“Air and Water Issues on the OCS Panel, Liskow & Lewis Current Environmental and Other Regulatory Issues Affecting the Offshore E&P Industry, Houston, Texas, May 2004
•“Responding to a Civil Enforcement Action,” Louisiana State University School of Law, Environmental Law Seminar, Baton Rouge, Louisiana, May 2004
•“Responding to DEQ Enforcement Actions,” LMOGA Environmental Annual Meeting, Baton Rouge, Louisiana, March 2004
•“Complying with Environmental Regulations and Permits: An Overview Panel, Trinity Consultants, Inc., Kenner, Louisiana, October 2003
•“Incident Investigation, Discovery and Information Management” panel, Louisiana State Bar Association, Nuts and Bolts of Environmental Litigation, New Orleans, Louisiana, September 2003
•“The Legal Challenges of Environmental Compliance,” Omega Protein Environmental Workshop, New Orleans, Louisiana, February 2003
•“Clean Air Act” and “RCRA Update,” Fundamentals of Louisiana Environmental Law Compliance, Government Institutes, Inc., New Orleans, Louisiana, December 2002
•“Air and Water Issues on the OCS,” Current Environmental and Other Regulatory Issues Affecting the Offshore E&P Industry, Liskow & Lewis and The Independent Petroleum Association of America, Houston, Texas, November 2002
•“Clean Air Act Judicial Developments” and “Water Quality Update - TMDL Litigation,” Government Institutes, New Orleans, Louisiana, December 2000
• E&P Wetlands Compliance Strategy: Nationwide Permits, Law360, October 9, 2014
•Trans Energy Settlement Shows Need for E&P Wetlands Compliance Strategy, Liskow & Lewis Energy Blog, September 16, 2014
•BSEE's Investigations and Review Unit Changes the Playing Field on the OCS, Liskow & Lewis Energy Blog, August 29, 2014
• BSEE Creates Legal Uncertainty about BAST Determinations as it Rewrites Offshore Safety Regulations, Liskow & Lewis E-Newsletter, January 7, 2014
•Subsequent Purchaser Doctrine Defeats Civil Code Art. 667 Claims by Neighbor, Liskow & Lewis Energy Blog, October 14, 2013
• Key 2012 Environmental Regulatory Developments Affecting the OCS, Liskow & Lewis E-Newsletter, January 2, 2013
• Leaving Communities Behind: The Evolving World of Environmental Justice (with H.S. Bartlett, III), La. B.J. (2003)
•Select Steel: A Return to Traditional Measurements of Environmental Impact?, La. St. B. Ass'n, Envl. Section Newsl., Winter 1999
•The Air Regulations Dichotomy - Outer Continental Shelf Waters, Nat. Resources and Env't (1995)
•Criminal Sanctions Under Environmental Statutes, Envtl. Progress (1995)
• Time is Running Out on the Louisiana Brownfields Tax Credits