Texas hosts more industrial facilities, refineries, and chemical plants than any other state. That concentration creates environmental compliance challenges that businesses must navigate carefully. Air permits from TCEQ, water discharge authorizations, hazardous waste management requirements, and EPA enforcement actions can make or break operations. Environmental violations carry penalties that have increased dramatically in recent years, and non-compliance can halt projects entirely.
The regulatory structure involves overlapping federal and state jurisdictions. The Texas Commission on Environmental Quality handles most state environmental permitting and enforcement. The Railroad Commission of Texas regulates oil and gas environmental matters. The EPA maintains federal oversight and can pursue enforcement independently. Businesses need attorneys who understand how these agencies interact and can navigate both routine compliance and contested matters.
What Environmental Attorneys Handle
Permitting and Compliance
Industrial facilities face extensive permit requirements for air emissions, water discharges, and waste management. Environmental attorneys guide clients through permit applications, modifications, and renewals before TCEQ, EPA, Railroad Commission, and other regulatory bodies. They develop compliance programs, conduct environmental audits, and help companies understand their obligations under the Clean Air Act, Clean Water Act, RCRA, and Texas environmental statutes.
Enforcement Defense
When regulatory agencies allege violations, responses must be strategic and timely. Environmental attorneys defend clients against civil and criminal enforcement actions, negotiate settlements with EPA and TCEQ, challenge improper penalty calculations, and represent clients in administrative hearings. They understand audit methodologies, self-disclosure programs, and the factors agencies consider when assessing penalties.
Environmental Litigation and Transactions
Contamination disputes, cost recovery claims, and environmental insurance matters frequently require litigation. Environmental attorneys handle Superfund contribution claims, Texas Solid Waste Disposal Act cost recovery, citizen suits, and toxic tort defense. In business transactions, they conduct environmental due diligence, negotiate indemnification provisions, and address contamination discovered during acquisitions or real estate transfers.
How to Choose an Environmental Attorney
Regulatory relationships. Effective environmental attorneys maintain working relationships with agency staff and understand how regulators approach enforcement priorities and settlement negotiations.
Industry experience. Environmental requirements vary significantly across industries. Choose attorneys with experience in your specific sector, whether petrochemical, manufacturing, real estate development, or waste management.
Technical understanding. Environmental law intersects with engineering, chemistry, and geology. Attorneys who understand the technical aspects of emissions, contamination, and remediation communicate more effectively with both regulators and technical consultants.
Litigation capability. Not all environmental matters settle. Ensure your attorney can credibly take matters through contested hearings, administrative appeals, and court litigation when necessary.
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
Environmental law fee structures vary by matter type. Routine permitting assistance may proceed at hourly rates of $300 to $600 or flat fees for defined projects. Compliance program development depends on facility size and complexity. Enforcement defense typically requires hourly billing with initial retainers of $10,000 to $50,000 depending on severity. Complex litigation involving contamination or Superfund sites may involve substantial ongoing costs. Many firms offer compliance audits at fixed prices to identify issues before regulators do.
Frequently Asked Questions
What triggers TCEQ enforcement action?
TCEQ initiates enforcement based on violations discovered during inspections, citizen complaints, self-reported incidents, or emissions monitoring data. Common triggers include unauthorized discharges, permit exceedances, failure to maintain required records, and missed reporting deadlines. Early detection and self-correction often reduce penalty exposure. Texas facilities undergo regular inspections, and TCEQ prioritizes enforcement based on violation severity and facility compliance history.
What is the Texas Voluntary Cleanup Program?
The VCP provides a mechanism for property owners to clean up contaminated sites under TCEQ oversight and receive a certificate of completion that provides liability protection. The program is frequently used in real estate transactions where contamination exists. Participants must demonstrate financial capability and follow an agreed-upon remediation plan. Certificates of completion can be transferred to subsequent property owners, making contaminated properties more marketable.
Can I be personally liable for environmental violations?
Yes. Corporate officers and directors can face personal liability for environmental violations in some circumstances, particularly for knowing violations or failure to address known problems. The “responsible corporate officer” doctrine allows criminal prosecution of individuals who had authority to prevent violations but failed to do so. Texas courts have upheld personal liability for environmental violations in cases involving active participation in or knowledge of illegal conduct.
What is environmental due diligence in real estate transactions?
Environmental due diligence typically involves Phase I Environmental Site Assessments to identify potential contamination from historical uses, and Phase II assessments involving sampling if concerns are identified. Buyers use these assessments to qualify for innocent landowner defenses under CERCLA and to negotiate price adjustments or indemnification for environmental liabilities. Texas real estate transactions frequently uncover contamination from former gas stations, dry cleaners, industrial operations, and agricultural uses.
Last Updated: January 2026
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. Fee estimates are approximations only and actual costs may vary significantly. 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.