Air and Waste

Climate Change & Carbon Management

Lloyd Gosselink’s Air and Waste Practice Group attorneys represent major corporations, large and small municipalities, industries, small businesses, water districts and individual land owners. Our attorneys work on a wide range of solid waste and air quality issues before the Texas Commission on Environmental Quality (TCEQ) and the U. S. Environmental Protection Agency (EPA).

Our attorneys have played an active role in the development of substantive and procedural legislation and rulemaking related to air and waste regulation in Texas over many years.  This includes the House Bill 801 procedures used by the TCEQ for contested permitting matters, TCEQ enforcement program revisions and many others such as the Municipal Solid Waste (MSW) regulations, the State Implementation Plans (SIP), the Texas Voluntary Cleanup Program (VCP), the Innocent Owner/Operator Program (IOP) and the Texas Risk Reduction Program (TRRP).

Air Quality

Our air attorneys represent clients in a variety of matters, including:

• Air quality permits
• Air quality regulations
• Civil and administrative enforcement
• Rulemaking projects

The practice group works tirelessly on behalf of clients in all matters surrounding air quality issues.  In doing this, we:

• Facilitate acquisition of state and federal air quality permits
• Compliance counseling on complex state and federal air quality regulations
• Assist in obtaining permit exemptions
• Represent clients in civil and administrative enforcement proceedings
• Assist clients by preparing and presenting comments on key guidance and rulemaking projects and litigation

Solid Waste

Lloyd Gosselink’s solid waste attorneys regularly represent clients in both state and federal courts and before all major environmental agencies in Texas.  Attorneys also defend administrative and civil enforcement actions by the TCEQ, the Texas Attorney General’s Office, the EPA and the U. S. Department of Justice.  We work on matters such as:

• Permit applications, renewals, and amendments
• Agency staff technical negotiations
• Contested case hearings
• Administrative and civil enforcement actions by the TCEQ, the Texas Attorney General’s Office, the EPA  and the U.S. Department of Justice
• Resolution of technical issues relating to closure and/or remedial activities
• Hazardous and industrial solid waste litigation under the Comprehensive Environmental Response, Compensations and Liability Act (Superfund), the Resource Conservation and Recovery Act, and the Texas Solid Waste Disposal Act
• Voluntary remediation projects associated with brownfields and historically contaminated industrial properties
• Petroleum storage tank remediation and removal
• Transactions between property buyers and sellers to facilitate remediation projects

The group works diligently for the benefit of clients on many complex issues surrounding solid waste regulation and remediation.  In doing this, our attorneys:

• Prepare and edit permit applications, renewals and amendments
• Develop strategies for agency negotiations
• Represent clients in contested case hearings
• Defend administrative and civil enforcement actions
• Represent clients in hazardous and industrial solid waste litigation, including preparing for judicial determination of liability and negotiating settlement agreements
• Facilitate remediation projects

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Climate Change & Carbon Management

With new rules at both the state and federal level — and more expected soon — keeping up with greenhouse gas policy can be a daunting task. But the Climate Change and Carbon Management section of Lloyd Gosselink's Air & Waste Group has the expertise to help.

Lloyd Gosselink's experienced attorneys have spent much of the last decade helping clients develop greenhouse gas-related projects. Our team understands both the obstacles presented by new regulations, as well as the opportunities afforded by the growing market for carbon credits.

Since 2001, attorneys in Lloyd Gosselink's Climate Change and Carbon Management section have:

• Helped clients develop projects to control and capture greenhouse gas emissions.
• Assisted in the development of projects for the sale of "environmental attributes," including carbon credits, renewable energy credits, and compliance premiums.
• Advised clients seeking to acquire grant money from both the state and federal governments.
• Helped negotiate wholesale purchase agreements for electricity from clean energy sources.
• Helped set electricity market guidelines through the stakeholder process at the Electric Reliability Council of Texas (ERCOT).

Attorneys in the Climate Change and Carbon Management group have more than 100 years combined experience. The group includes former assistant attorneys general and former general counsels for the Texas Commission on Environmental Quality and the Public Utility Commission of Texas. They have represented clients before both agencies, as well as the Texas Railroad Commission and ERCOT. Group attorneys also have appeared before state and federal courts and the Texas Legislature.

Founded in 1984 as one of the state’s first environmental law practices, Lloyd Gosselink has since expanded into numerous other areas and is now considered one of the state’s leading municipal law firms. By leveraging their expertise in both environmental and municipal law, attorneys from the Climate Change and Carbon Management group can also provide the following specialized services:

• Help develop projects to market and sell environmental attributes created through landfill gas projects or created through the disposal of high organic waste at wastewater treatment plants.
• Help cities and private entities create energy efficiency projects that generate environmental attributes that can be sold on the open market.
• Advise the owners of large agricultural operations regarding opportunities for extra revenue through the sale of environmental attributes associated with the disposal of animal waste.

By accessing the environmental attribute market, both commercial and public entities can enhance their revenues, boost their public image, and achieve their goals for environmental protection. The attorneys in the Climate Change and Carbon Management section stand ready to help.

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