Environmental

Bickerstaff attorneys are well versed in all aspects of environmental law. Recognized throughout the state for their considerable expertise, our environmental law attorneys are called upon frequently not only to provide legal services but also as presenters at numerous statewide conferences and educational events. Our legal services include all phases of wastewater permitting, storm water regulation, and Clean Water Act § 404 permitting. We help clients obtain permits for municipal, industrial, hazardous, and radioactive waste disposal, including incineration, waste storage and disposal facilities, and landfills. We represent our clients before the TCEQ and SOAH in contested cases involving permit applications pending before the state agencies.

We assist our clients in maintaining compliance, avoiding or minimizing time spent in enforcement proceedings and, if necessary, negotiating with federal and state decision makers. We also advise and assist governmental and private-sector clients on matters related to the National Environmental Policy Act (NEPA) and the federal Endangered Species Act (ESA). Our attorneys represent clients dealing with the United States Fish & Wildlife Service (USFWS), U.S. Army Corps of Engineers (COE), and other federal agencies on issues related to ESA and NEPA compliance. Our representation of clients before state and federal agencies is enhanced immeasurably by the fact that many of our attorneys previously worked for regulating and rulemaking entities such as the TCEQ and the Environmental Protection Division of the Attorney General’s Office. Environmental Law practice includes:

  •  Water Quality, including assisting clients with wastewater permitting and issues related to water quality standards and variances, storm water and non-point source pollution regulation, and Clean Water Act § 404 permitting;
  • Municipal and Hazardous Waste, including counseling clients on matters related to municipal solid waste and non-hazardous industrial waste disposal; hazardous and radioactive waste disposal; and brownfields, Superfund sites, remediation, and voluntary cleanup;
  • Compliance and Enforcement, including representing clients in Texas Commission on Environmental Quality (TCEQ) and Environmental Protection Agency (EPA) enforcement actions and supplemental environmental projects; municipal and district enforcement of the Texas Water Code; and advising clients on environmental management systems, compliance audits, and environmental assessments;
  • NEPA and Endangered Species Act, including counseling clients on NEPA and ESA environmental impact assessments, compliance, and interagency consultation; ESA rulemaking (“threatened” or “endangered” species listing and critical habitat designation); and representing clients in NEPA and ESA litigation;
  • Contested Case Hearing, including representing clients before the TCEQ and other state and federal agencies whose permit application has been challenged; or assisting local governments seeking to oppose the issuance of a permit that could negatively affect the local government and its citizens;
  • Environmental Litigation, including toxic tort litigation; National Environmental Policy Act (NEPA) matters; and Endangered Species Act (ESA) matters.