Environmental Law 2025

USA – TEXAS Trends and Developments

Trends and Developments Contributed by: Gerald J. Pels, Elizabeth E. Mack, Gerald D. Higdon, Susan Rainey,

Elizabeth Corey and Brett A. Miller Troutman Pepper Locke LLP

Troutman Pepper Locke LLP helps clients solve complex legal challenges and achieve their business goals in an ever-changing global economy. As a firm of more than 1,600 lawyers in 30+ offices, includ- ing the 10 largest US legal markets, we serve clients ranging from multinational companies to new market entrants across all major industry sectors. Troutman Pepper Locke’s environmental team includes dedi- cated practitioners who understand the many dimen- sions of environmental laws and the different ways

these laws affect business. The lawyers’ extensive environmental experience helps clients navigate and respond effectively to regulatory permitting and com- pliance issues, environmental liability concerns, civil and criminal enforcement actions and litigation. The firm has one of the nation’s leading practices ‎repre- senting developers and operators within the energy industry, including in connection with the state, ‎per- mitting, compliance, and management of energy pro- jects of all kinds. contaminated brownfield sites. Elizabeth handles all aspects of contaminated property ownership, from risk assessment to regulatory closure. She analyses environmental insurance policies and oversees remediation. Elizabeth collaborates with USEPA and state agencies, assists with brownfield tax credits, and navigates NEPA issues.

Authors

Gerald J. Pels is a partner in Troutman Pepper Locke’s environmental practice group and has been a leader in the Texas environmental legal community for over 40 years. His diverse practice

focuses on environmental compliance, permitting, counselling and enforcement defence as well as environmental risk mitigation and litigation. Gerry’s experience includes agency negotiations; assessing and counselling on air, water, storm water and waste permit compliance; representing clients at contested permit, enforcement and other hearings; and internal environmental investigations. He also provides comprehensive assistance and representation to potentially responsible parties and steering committees at both state and federal Superfund sites.

Gerald D. Higdon is an accomplished environmental partner at Troutman Pepper Locke with 33 years of experience representing private and public parties in connection with avoiding, managing and resolving

environmental liabilities, and facilitating environmental sustainability through brownfield redevelopment and the development and scaling of energy projects. He advises members of the energy industry regarding the management of environmental issues. Jerry routinely defends clients in state and federal environmental enforcement proceedings; develops and implements environmental permitting and planning strategies to facilitate a rapid response to changing business climates and growth opportunities; and structures and negotiates the allocation of environmental risk-affecting transactions.

Elizabeth E. Mack is a highly regarded environmental attorney recognised in Chambers USA and named “Lawyer of the Year in Environmental Law” in 2022. Clients praise her intelligence and solution-

oriented approach. She advises developers, manufacturers, and energy companies on managing environmental risks in transactions and manages

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