Representative Litigation

REPRESENTATIVE  CASES

1. Defending municipality in appeal of the issuance of a TCEQ wastewater discharge permit (TPDES Permit).  Favorable decision issued from the Court of Appeals (8th District) reported at 668 S.W.3d 710.
2. Representing utility in contested water rate case proceeding.  PUC Docket 51408, SOAH Docket 473-23-12112.
3. Representing municipality as plaintiff in ultra vires suit against former  president of a groundwater conservation district (Hays County, Texas).
4. Representing landowner in contract and contamination case against environmental services firm (Collin County, Texas, 5th Court of Appeals).
5. Representing developers in effort to obtain discharge permit from Texas Commission on Environmental Quality (Travis County District Court).
6. Representing county and municipal utility district as Plaintiffs against the U.S. Army Corps of Engineers for arbitrary and capricious actions in operation and maintenance of reservoir (Federal Court, Fifth Circuit).  Favorable decision issued from the Court of Appeals reported at 59 F.4th 180 (5th Cir. 2023).
7. Represented landowner in dispute over underground storage tank ownership and responsibility for underlying contamination (LPST ID No. 120793).
8. Representing physician (respondent) in administrative hearing against the Texas Medical Board (TMB) in disciplinary action for alleged standard of care violations (State Office of Administrative Hearings, Travis County District Court, currently in 3rd Court of Appeals).
9. Represented landowner in contamination case against upstream oil & gas company (Refugio County, Texas) (2022-2023).
10. Represented landowner in contract and contamination case against oil & gas companies (Panola County, Texas) (2022).
11. Represented Developers in Comal County in effort to obtain land application permit from Texas Commission on Environmental Quality (State Office of Administrative Hearings) (2021).
12. Represented Municipality and its Mayor in lawsuit brought by another municipality for alleged breach of contract, breach of implied or fiduciary duties, violations of due process, violations of the Texas Open Meetings Act, and ultra vires claims (Freestone County District Court and Tenth Court of Appeals) (2021).
13. Represented Physician (Plaintiff) in ultra vires case against officials and employees of the Texas Medical Board (TMB) for the TMB’s failure to carry-out its duties under Texas law (Travis County District Court, Third Court of Appeals, and Texas Supreme Court). This case was the basis for the 2021 State Bar of Texas 24th Annual Mack Kidd Administrative Law Moot Court Competition. The ultimate favorable decision is reported at 659 S.W.3d 396 (Tex. 2022).
14. Represented Physician (Plaintiff) in case against hospital for retaliation-related causes of action (Travis County District Court) (2021).
15. Represented City in defense of utility rates (Texas Public Utilities Commission and State Office of Administrative Hearings) (2020).
16. Represented Commercial Property Owner as Plaintiff against large Oil & Gas Company for groundwater contamination (Harris County District Court) (2020).
17. Represented Developer against Public Utility Agency for breach of contract claims related to impact fee credits (Travis County District Court) (2020).
18. Represented owner of Camp facility near Lake Lyndon B. Johnson for new permit to authorize the disposal of treated domestic wastewater via surface irrigation (State Office of Administrative Hearings) (2020).
19. Represented Restaurant Company and its Owners as Defendants against the State of Texas (brought by the Attorney General) for alleged violations of the Texas Clean Air Act (Travis County District Court) (2020).
20. Represented Sign Company as Plaintiff in the appeal of revocation of permit (Thirteenth Circuit Court of Appeals) (2020).
21. Represented Physician in administrative investigation where it was alleged that Physician engaged in unprofessional conduct and provided patient with non-therapeutic prescriptions or treatment (Texas Medical Board investigation) (2020).
22. Represented Ranch as Plaintiff against Oil & Gas Service providers for surface and groundwater contamination (Refugio County District Court) (2019).
23. Represented Municipality in a contested case for the issuance of a wastewater discharge permit (TPDES Permit) (Texas Commission on Environmental Quality/State Office of Administrative Hearings – first contested case with attorneys representing all parties under Senate Bill 709 Rules that went through the entire 709 process) (2019).
24. Represented Improvement District (Defendant) against wastewater services provider for alleged breach of contract (Calhoun County District Court) (2019).
25. Represented Mid-Stream Oil as Gas Company as Plaintiffs in a breach of warranty claim against the manufacturer of pipe scraper launchers and receivers (Federal District Court, Western District, Texas) (2018).
26. Represented Mid-Stream Oil as Gas Company as Plaintiffs in suit for injunctive relief involving access to property to remediate contamination (McLennan County District Court) (2018).
27. Represented Oil & Gas Company as Plaintiff in multi-party litigation (one of the Defendants is the State of Texas) in a groundwater contamination case (multi-forum litigation in Montague County District Court and administrative hearing before the Railroad Commission of Texas) (2018).
28. Represented Wastewater Service Provider as Plaintiff against Bank for breach of contract and quantum meruit (Harris County District Court) (2018).
29. Represented Energy Company as Plaintiff in breach of contract and quantum meruit against developer of large entertainment venue (Travis County District Court) (2018).
30. Represented City (Defendant) against Wastewater Services provider for alleged breach of contract (Williamson County District Court) (2017).
31. Represented Oil & Gas Company as Plaintiff in litigation against Company that had agreed to retain the remediation liabilities of a natural gas plant site (multi-forum litigation in Midland County District Court and      administrative hearing before the Railroad Commission of Texas) (2017).
32. Represented Company that operated a grease and grit trap processing business as Plaintiff against an environmental organization for business disparagement and tortious interference with contract (Cameron County District Court) (2017).
33. Represented Municipal Utility District in a contested case for the issuance of a wastewater discharge permit (TPDES Permit) (Texas Commission on Environmental Quality/State Office of Administrative Hearings) (2017).
34. Represented City (Plaintiff) against River Authority for breach of contract involving the sale of water (Caldwell County District Court) (2016).
35. Represented Mid-Stream Oil as Gas Company as Defendant against landowner who  challenged construction of a valve site along a pipeline (Travis County District Court)  (2016).
36. Represented voters contesting election (Hays County District Court) (2016).
37. Represented Municipality in contested case concerning compensation due for decertification of CCN (Texas Public Utilities Commission/State Office of Administrative Hearings) (2016).
38. Represented large Oil & Gas Company as Defendant against the State of Texas and the United States of America for natural resource damages (Federal District Court, Eastern District, Texas) (2015).
39. Represented Oil & Gas Company as Defendant in multi-party litigation against Company that had agreed to assume the remediation liabilities of a natural gas plant site (multi-forum litigation in Coke County District Court and administrative hearing before the Railroad Commission of Texas) (2013).
40. Represented Guarantors as Defendants against Bank for deficiency (Bell County District Court) (2013).
41. Represented WCID in a contested case for the appointment of watermaster on the Brazos River (Texas Commission on Environmental Quality/State Office of Administrative Hearings) (2013).
42. Represented court clerk against her judge that asserted contempt of court against her (Cause No. 10000306C, Municipal Court of Record #1, Bee Cave, Texas) (2010).
43. Represented Oil & Gas Company as Defendant in criminal case brought by United States for violations of the Clean Air Act (Federal District Court, Northern District, Texas) (2008).