- International Practice
- Securities Regulation
- Climate Change
- Financial Institutions
- Labor and Employment
- Strategic Communications
- Corporate and Securities
- Financial Restructuring
- Educational Institutions
- Private Funds
- Intellectual Property
- Public Finance
- White Collar Defense
- Environmental Strategies
- Internal Investigations
- Real Estate and Projects
- Conversational Spanish
Jason B. Hutt
Jason Hutt, head of the firm’s Environmental and Natural Resources practice, advises and defends clients in administrative, civil and criminal enforcement actions (and internal investigations) related to the federal and state agencies, including EPA, DOI, DOE, CFPB and DOJ. He also counsels energy companies, manufacturers, project developers, investor groups and financial institutions about environmental risks and liabilities associated with incident response, regulatory compliance, project development, congressional hearings and corporate transactions, including current and upcoming regulatory and policy developments at the nexus of environment and energy policy. With a geology background, Jason’s practice includes focused attention on oil and gas development (including hydraulic fracturing).
Jason’s recent work includes several high profile environmental cases:
Lead environmental lawyer representing Halliburton in the various investigations that arose from the Deepwater Horizon explosion, including President Obama’s Special Task Force, the U.S. Congress, and the Chemical Safety Board. Bracewell’s team brought the matter to a very successful resolution for Halliburton – one that included no criminal charges related to the explosion, the oil spill, or the environmental impacts.
Lead lawyer representing an upstream operator in a multiyear investigation, disclosure and resolution of potential criminal and civil violations of Sections 402 and 404 of the Clean Water Act and related state statutes in the Marcellus and Eagle Ford plays.
Lead environmental lawyer on the Bracewell team that represented an electroplating manufacturer in a criminal investigation of potentially unpermitted discharges arising under federal, state and local laws.
Lead lawyer defending an oilfield services company during a multiyear EPA investigation and Clean Air Act enforcement action, from the issuance of information requests up through the settlement phase, including implementation of the Supplemental Environmental Project.
Currently defending an independent oil and gas company against the Department of Interior’s Office of Natural Resources Revenue allegations of knowing or willful violations of FOGRMA relating to the payment of royalties.
Jason’s recent work also includes focused attention on upstream oil and gas rulemakings and policy:
Lead lawyer advising two oilfield services companies responding to information requests arising from EPA’s Hydraulic Fracturing study.
Lead lawyer representing an independent oil and gas company before federal agencies in relation to alleged drinking water contamination, private nuisance claims and federal/state investigations and enforcement.
Lead lawyer advising Underground Injection Control well owners regarding seismicity investigations, litigation and enforcement in Oklahoma and Texas.
Jason is also routinely involved in identifying, evaluating and managing environmental risks and opportunities associated with corporate acquisitions, divestitures and financings, including environmental due diligence, purchase and sale agreement negotiation, and post-closing integration efforts. Within the energy sector, his representative experience includes transactions involving oil and gas development and transportation, petroleum refineries, liquefied natural gas (LNG) terminals, renewable energy projects (e.g., wind, biofuels and geothermal), natural gas processing plants, and propane retailers. Representative work in other sectors involves operations and industries such as chemical manufacturers, oil field services, independent tank terminal operators, glass manufacturing, textiles manufacturing, uranium mining, industrial cleaning operations, hazardous waste management facilities, paper and plastic manufacturing facilities, and medical equipment manufacturing facilities.
Publications and Speeches
Moderator, “From Shale to Sail: Production, Transportation, and Export of U.S. Oil & Gas,” American Bar Association Section of Environment, Energy, and Resources’ Spring Conference, Austin, April 1, 2016.
Panelist, “Drilling for Solutions: The Future of Fracking,” Vermont Law School, March 18, 2016.
“EPA’s Next Generation Enforcement Initiative: What It Means for the Next Generation of Environmental Auditing,” Auditing Roundtable Webinar, October 7, 2015.
“EPA’s Clean Water Rule: Significant Impacts to Marcellus Gas Extraction and Transmission,” The Marcellus Shale Coalition, Harrisburg, PA, June 23, 2015.
Co-author, “Disclosure 2.0: Enter EPA’s E-Disclosure Audit Program,” Law 360, June 16, 2015.
Co-author, “BLM’s Final Fracturing Rule Outlines More Public Land Regs,” Oil & Gas Journal, June 11, 2015.
Co-author, “Recasting the SAFETY Act to Cover Acts of Cyberterrorism: Advantages for the Energy Industry,” Oil & Gas Financial Journal, June 2015.
Guest, “The BP Oil Disaster Five Years Later,” The Diane Rehm Show, NPR, April 20, 2015.
“Environmental Issues in Energy Production: Overview of Federal Developments,” American Law Institute, Washington, D.C., February 5, 2015.
Co-author, “California's Next Frontier: Development of the Monterey Shale,” Oil & Gas Financial Journal, December 2, 2013.
"Fracking in Europe - EU Parliament Votes to Require Environmental Impact Assessments for Shale Gas Developments," Oil & Gas Financial Journal, October 2013.
Co-author, “Environmentally Speaking,” (Review of Shale Development), Energy and Mining Magazine, August 6, 2013.
Co-author, “New ITC Investigation Could Affect Supply of Oil and Gas Tubulars,” Oil & Gas Financial Journal, July 29, 2013.
Panelist, "Drilling & Fracking: Who Regulates?" The Federalist Society Podcast, July 12, 2012.
"Ohio's On Top of Underground Injection Control Activity," Environmental Law 360, July 24, 2012.
Panelist, “Unleashing Potential: Finding the Best Regulatory Environment to Boost Responsible Natural Gas Production,” National Journal LIVE/American Chemistry Council Policy Summit, Washington, D.C., March 20, 2012.
Co-author, “DOE’s Final Report on Shale Gas: Where Do We Go From Here?” Trends, ABA Section of Environment, Energy and Resources Newsletter, January/February 2012.
Co-author, "Enforcement and Liability," Environmental Law Handbook, 19th ed., 2007, 21st ed. 2011, ABA/Government Institutes.
"Getting to 'Yes' On Shale Gas," Hart Energy E&P Magazine, August 1, 2011.
Co-author, "Hydraulic Fracturing Regulation: A Solution in Search of a Problem," NationalJournal.com, September 21, 2010.
"Regulation of Hydraulic Fracturing," Energy Bar Association, September 2, 2010.
"Hydraulic Fracturing: Whistle While You Work," Texas Environmental Superconference, August 4, 2010.
"Legal Developments on Hydraulic Fracturing," E.Vironment Upstream Global Issues Forum, June 10, 2010.
Co-author, "Environmental Hurdles Threaten To Stymie US Shale Production," Oil & Gas Financial Journal, June 1, 2010.
"The Role of Natural Gas in Economic Growth and National Security," Natural Gas Nation Conference, March 25, 2010.
Co-author, "Congress May Consider Hydraulic Fracturing This Year: Boom in Shale Drilling for Natural Gas Brings to the Forefront Debate Over Environmental Risks," National Law Journal, February 8, 2010.
"TCEQ Releases Emissions Study for Barnett Shale - Added Regulatory Attention Expected," Environmental Law Update, January 29, 2010.
Co-author, "Hydraulic Fracturing, Water Use Issues Under Congressional, Public Scrutiny," Cover Story, Oil & Gas Journal, July 6, 2009.
Co-author, "Development of Energy Infrastructure: Will Taxpayers’ Money Stimulate Environmental Reform?," The Federal Lawyer, June 2009.
Co-author, "First Impressions of Sotomayor's Environmental Record," Law360, June 9, 2009.
Panelist, "Regulatory Environment of Developing New Sources of Energy," 2008 Presidential Initiative on Energy Issues, hosted by the National Association of Attorneys General, Coeur d'Alene, Idaho, May 7, 2008.
Co-author, "Voluntary Cleanups After Aviall - Balancing Remediation Exposure and Cost Recovery," EENR Pursuits, Federal Bar Association, Section on Environment, Energy and Natural Resources, Spring 2005.
Co-author, "Environmental Disclosure: New Challenges for In-House Counsel" The Corporate Governance Advisor, May/June 2005.
Co-author, "Corporate Environmental Disclosures: Old Complaints, New Expectations," Business Law International, September 2004; 2005 Burton Award winner.
J.D., magna cum laude, Vermont Law School, 1998
B.A., Colgate University, 1995
District of Columbia
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Supreme Court
Past Member, Board of Trustees, Vermont Law School
American Bar Association, Energy and Environmental Law Sections
Vermont Law School Alumni Association
Women's Council on Energy and the Environment
Legalease, The Legal 500 United States, Environment: Litigation, 2013, 2015-2016; Environment: Regulatory, 2016; Environment: Transactional, 2016; Energy: Litigation, 2013
Thomson Reuters, Washington, D.C. Super Lawyers, 2013-2016
Associate Articles Editor, The Vermont Law Review