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Practices » Contested Proceedings

One of our environmental group’s strengths is our track record in contested proceedings. We have the experience and ability to craft strong arguments for our clients and are ready to do battle when it is in our client’s best interests. 

We handle a range of contested proceedings, including:

  • Cases before administrative agencies
  • Judicial review of agency actions
  • State and federal Superfund actions
  • Enforcement actions brought by regulatory agencies
  • Prosecution by state and local law enforcement agencies
  • State and federal litigation involving environmental and toxic tort claims

Our attorneys have extensive experience in representing clients in contested case hearings.  As is often the case, if a permit application or enforcement case before the TCEQ is challenged, the TCEQ may refer the case to the State Office of Administrative Hearings ("SOAH") for a contested case hearing ("CCH").  A CCH is essentially a trial before an administrative law judge.  Typically, there are discovery, expert and fact witnesses, and testimony and cross-examination of those witnesses, just like in a courthouse trial.  We have represented clients in contested cases on the following matters:

  • Air Quality Permits
  • Wastewater Discharge Permits
  • Municipal Solid Waste Landfill Permits
  • Hazardous Waste Treatment, Storage, and Disposal Facility Permits
  • Underground Injection Control (i.e., Injection Well) Permits
  • Uranium Mining Permits
  • TCEQ Enforcement Cases
  • Water and Wastewater Rate Cases

We also have an active practice in representing clients in environmental litigation.  As noted above, we frequently handle cases involving state and federal Superfund laws, as well as cases brought under the Resource Conservation and Recovery Act ("RCRA") and its Texas counterpart, the Texas Solid Waste Disposal Act.

Our ability to assist clients on these types of cases, is grounded in our knowledge of technical issues, such as hydrology, geology, industrial processes, air emission controls, wastewater treatment, and waste management techniques.