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Environmental Law Attorneys in Texas

6 min read

  • 3 firms listed
  • 4 questions answered

Refineries, chemical plants, manufacturing facilities, oil and gas operations, and real estate development all bring environmental permits, compliance duties, and cleanup liability. Air permits, water discharge authorizations, and waste rules can decide whether a project goes forward, and enforcement penalties are significant. For most violations within the Texas Commission on Environmental Quality’s (TCEQ) jurisdiction, an administrative penalty can reach $25,000 a day for each violation. The ceiling rises to $40,000 a day only when three conditions are all met: the violation involves an actual release of pollutants above protective levels or a qualifying unauthorized diversion, taking, or storage of state water; the person previously committed a violation of the same nature that resulted in an administrative penalty; and the commission determines the person could reasonably have anticipated and avoided the violation (Water Code § 7.052(c)).

Jurisdiction overlaps. TCEQ handles most state environmental permitting and enforcement. The Railroad Commission of Texas regulates environmental matters connected to oil and gas. The U.S. Environmental Protection Agency keeps federal oversight and can enforce on its own. See also the guides to energy and oil and gas attorneys in Texas and commercial real estate attorneys in Texas.

What Environmental Attorneys Handle

Permitting and Compliance

Attorneys guide facilities through permit applications, amendments, and renewals before TCEQ, the Railroad Commission, and EPA, and build compliance programs under the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act (RCRA), and Texas statutes. Compliance audits, done carefully, can find problems before an inspector does.

Enforcement Defense

When an agency alleges a violation, attorneys respond to notices of violation, negotiate agreed orders and penalties, challenge penalty calculations, and represent clients in contested hearings. Some matters can become criminal. Under the responsible corporate officer doctrine, an officer with authority to prevent or correct a violation can be prosecuted under statutes such as the Clean Water Act or RCRA, but the mental state the statute requires, such as knowing or negligent conduct, must still be proven.

Contamination, Cleanup, and Transactions

Contamination disputes include Superfund (CERCLA) cost recovery and contribution claims, Texas Solid Waste Disposal Act claims, citizen suits, and toxic tort defense. In transactions, attorneys manage environmental due diligence, negotiate indemnities, and plan for contamination found before closing. PFOA and PFOS, two PFAS “forever chemicals,” are now listed as CERCLA hazardous substances (40 C.F.R. § 302.4), which matters for sites where they were used.

Voluntary Cleanup Program

The Texas Voluntary Cleanup Program lets a party clean up a contaminated site under TCEQ oversight. The application must be accompanied by a $1,000 fee (Health and Safety Code § 361.604), and the participant signs an agreement to pay all of TCEQ’s oversight costs, according to TCEQ. When TCEQ issues a certificate of completion, persons who are not responsible parties, including later owners and lenders, are released from liability to the state for cleanup of the covered areas, except for releases they cause; the release does not protect the party responsible for the contamination (§ 361.610).

How to Choose an Environmental Attorney

Agency experience. Ask about recent work with the agency involved, whether TCEQ, the Railroad Commission, or EPA.

Industry experience. Requirements differ for petrochemical, manufacturing, oil and gas, waste, and real estate clients. Ask about clients like you.

Technical understanding. Environmental law overlaps with engineering, chemistry, and geology. Look for an attorney who can work directly with your consultants.

Contested matters. Not every matter settles. Ask about experience in contested hearings, appeals, and court.

Texas Environmental Law Attorneys

Jackson Walker LLP

Location: Houston, Dallas, Austin, San Antonio (statewide)

Website: https://www.jw.com

Phone: (713) 752-4200

This Texas-based firm maintains a substantial environmental practice, combining experienced attorneys with a legislative team that monitors regulatory developments affecting client operations. The team handles planning, permitting, compliance, contested cases, and enforcement defense across all environmental media.

Practice Focus: Air quality permitting and compliance, water rights and wastewater, hazardous waste management, TCEQ and EPA enforcement defense, environmental transactions and due diligence, legislative and regulatory monitoring

Porter Hedges LLP

Location: Houston, Texas

Website: https://www.porterhedges.com

Phone: (713) 226-6000

This Houston firm’s environmental practice represents clients across industries including chemicals, manufacturing, real estate development, oil and gas, and waste management. The attorneys handle enforcement defense before EPA and TCEQ, Superfund matters, contamination litigation, and environmental aspects of business transactions. The team includes attorneys recognized by Chambers USA as leading environmental practitioners in Texas.

Practice Focus: Enforcement defense and compliance, Superfund and contamination remediation, environmental litigation and cost recovery, permitting and contested hearings, transactional due diligence, environmental insurance claims

McPherson Law Firm PLLC

Location: Dallas, Texas

Website: https://www.texasenvironmentallaw.com

Phone: (214) 722-7096

Attorney Mark McPherson has spent over 30 years helping Texas businesses navigate environmental compliance requirements. The firm assists facilities and operators with TCEQ, Railroad Commission, EPA, and Army Corps of Engineers matters. The practice emphasizes practical solutions that balance compliance costs with operational needs, helping clients avoid violations before they occur and defending against enforcement when allegations arise.

Practice Focus: TCEQ and RRC enforcement defense, environmental permitting, water rights and wetlands, compliance counseling, penalty negotiation, real estate environmental issues

Costs and Fees

Permitting and compliance work is billed hourly or as a fixed fee for a defined project, such as a permit application or a compliance audit. Enforcement defense and litigation are usually billed hourly, often against a retainer, and cleanup matters add consultant and laboratory costs. Ask for a budget that separates legal fees from technical consultant costs.

Frequently Asked Questions

What triggers TCEQ enforcement action?

Enforcement can start from inspections, citizen complaints, self-reported events, or monitoring data. Common issues include unauthorized discharges or emissions, permit exceedances, recordkeeping failures, and missed reports. Prompt correction and a good compliance history are factors in how penalties are set.

What is the Texas Voluntary Cleanup Program?

It is a TCEQ program for cleaning up contaminated property under agency oversight. Participants pay a $1,000 application fee and TCEQ’s oversight costs and follow an agreed cleanup process. After a certificate of completion, persons who are not responsible parties, including future owners and lenders, are released from liability to the state for cleanup of the covered areas. The release does not protect the party that caused the contamination.

Can I be personally liable for environmental violations?

In some cases. Officers and employees who participate in a violation can face liability, and the responsible corporate officer doctrine can support criminal prosecution of an officer who had authority to prevent or correct a violation, if the statute’s required mental state, such as knowing or negligent conduct, is proven.

What is environmental due diligence in real estate transactions?

Due diligence typically starts with a Phase I Environmental Site Assessment, which reviews historical uses for potential contamination, and moves to a Phase II with sampling if concerns are found. A Phase I that follows ASTM E1527-21 satisfies EPA’s All Appropriate Inquiries rule (40 C.F.R. § 312.11), which buyers need to preserve CERCLA landowner defenses, most often the bona fide prospective purchaser defense. Former gas stations, dry cleaners, industrial uses, and sites with PFAS use deserve particular attention.

Sources

Disclaimer: This directory is provided for informational purposes only and does not constitute legal advice, endorsement, or recommendation of any attorney or law firm. Information about attorneys and law firms was compiled from publicly available sources and may not be current or accurate. We make no representations or warranties about the qualifications, experience, or quality of any attorney listed. Always verify attorney credentials with the State Bar of Texas, confirm current contact information, and conduct your own due diligence before hiring legal counsel. No attorney-client relationship is created by use of this directory.