Brown McCarroll Attorneys at Law

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Legal Experience

Mr. Battle’s practice is primarily in environmental, administrative, constitutional, water law and litigation. He represents a wide spectrum of public and private interests in matters involving water quality, water rights, environmental impact assessment and compliance audits, hazardous and nonhazardous solid waste issues, fish and wildlife regulation, constitutional litigation (specializing in state/federal relations), and general administrative law and litigation.

Representative Representation

Representation of The Woodlands Land Development Co. and The Woodlands Commercial Properties Co. in water rights matters.

Representation of DuPont in issues related to water quality and water rights at its Texas facilities.

Representation of ConocoPhillips Co. and Anadarko Petroleum Corp. in appeal of federal standards for cooling water intake structures to the U.S. Fifth Circuit Court of Appeals.

Representation of a wide range of facilities and projects for generation of electricity from both wind energy and fossil fuels, in evaluating environmental and water rights issues and in securing necessary permits.

Representation of the City of Waco before the Texas Commission on Environmental Quality (TCEQ), US EPA, Texas Legislature, and in court to achieve "total maximum daily loads" (TMDLs), implementation plans for the North Bosque River, state regulations, and conditions in permits for the many dairies in its watershed that would restore the water quality of the river and protect the City’s drinking water and recreational resources in Lake Waco.

Representation, along with Danny Worrell, of Texas Ecology Corporation in obtaining a permit from the Texas Commission on Environmental Quality (TCEQ), through contested case hearing procedures, to construct and operate a new municipal solid waste landfill in Robstown, Texas.

Representing DuraTherm, Inc., and its predecessor corporations since 1987 to obtain RCRA operating permits, achieve several significant modifications, and enable the company to operate as a recycling facility properly exempt from otherwise applicable regulations and fees.

Representation, along with litigators and utility attorneys at Brown McCarroll, of Texas Gulf Wind LLC, a division of Babcock & Brown, in siting a 118-turbine facility for electricity generation in Kennedy County, Texas, including representation before the U.S. Army Corps of Engineers for wetlands avoidance and impact determinations, before the U.S. Fish and Wildlife Service for approval of endangered species and migratory bird protection plans, and before the U.S. District Court for Western District of Texas to defeat a challenge by opponents of the project.

Education

• Doctor of Jurisprudence, with honors, The University of Texas School of Law, 1972. Order of the Coif, Publication in Texas Law Review, Law Day Award for Publication
• Bachelor of Arts, Economics, Southern Methodist University, 1968

Professional Licenses

• Attorney at Law, Texas, 1972

Court Admission

• United States Court of Appeals, District of Columbia
• United States Court of Appeals, Eleventh Circuit
• United States Court of Appeals, Tenth Circuit
• United States Court of Appeals, Fifth Circuit
• United States District Court for the Western District of Texas
• United States District Court for the Eastern District of Texas
• United States District Court for the Southern District of Texas
• United States District Court for the Northern District of Texas

Prior Professional Experience

• Lloyd, Gosselink, Fowler, Blevins & Matthews, Of Counsel, 1989-1996
• University of Wyoming College of Law, Professor, 1977-1990
• Vinson & Elkins, Special Counsel, 1987-1988
• Florida State University College of Law, Professor, 1975-1977
• Jenkens & Gilchrist, Associate, 1974-1975
• Law Clerk to the Honorable Thomas Gibbs Gee, United States Court of Appeals, Fifth Circuit, 1973-1974
• Visiting and adjunct law teaching at the University of Texas School of Law (1984, 1990, 1992), Indiana University School of Law (1986), University of Western Australia Law School (1985), Australian National University Faculty of Law (1985), Vermont Law School (1984), St. Mary’s University School of Law (1979, 1980, 1983), University of Colorado School of Law (1978).

Publications

Books:

• Water Pollution (3rd edition), Anderson Publishing Co., 1998, with Maxine Lipeles
• Environmental Decisionmaking: Nepa and The Endangered Species Act (2nd edition), Anderson Publishing Co., 1994, with Robert Fischman & Mark Squillace
• Hazardous Wastes (2nd edition), Anderson Publishing Co., 1993, with 1994/95 supplement, with Maxine Lipeles

Articles:

• Paper Clouds over the Waters: Shelf Filings and Hyperextended Permits in Wyoming, 22 Land & Water L. Rev. 673, 1987
• Environmental Law and Co-Operative Federalism in the United States, 2 Environmental & Planning L.J. 302, 1985 (Australia)
• Administrative Law, Wyoming Style, 18 Land & Water L. Rev. 23, 1983
• Transportation Controls Under the Clean Air Act--An Experience in (un)Cooperative Federalism, 15 Land & Water L. Rev. 1, 1980

Honors

Recent Annual Peer Review Recognition

• Superlawyer, Environmental/Land Use Law
• Best Lawyers in America, Environmental Law
• Best Attorneys in Texas
• Corporate Counsel Top Lawyer
• American Lawyer/Martindale-Hubbell, Top Rated Lawyer in Energy, Environmental, & Natural Resource Law
• Martindale-Hubbell AV Preeminent peer review rating