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Paulson, Matt
Matt Paulson
Partner
P: +1.512.494.3659
F: +1.512.479.3920
P: +1.713.221.4959

Amanda Young

+1.512.494.3697

Matt represents companies in the oil and gas, refining, power and chemical manufacturing industries on environmental matters, including strategic permitting, regulatory compliance, investigations, enforcement and civil and appellate litigation. His work includes advising clients on environmental issues arising under the Clean Air Act, the Clean Water Act, the Endangered Species Act, the National Environmental Policy Act, and other state and federal environmental laws.

Matt regularly advises clients at the early project planning stages, assisting with scoping a broad array of regulatory and permitting requirements across all media and disciplines, from environmental and safety, to US Coast Guard and US Department of Transportation requirements, to land use, local registration and licensing obligations, and other federal, state, and local requirements that can affect project timing and viability.

Matt provides assistance on crisis management and prevention, including responding to major accidents, conducting internal investigations associated with allegations of criminal and civil wrongdoing, preparing risk management, emergency response and business continuity plans, and preparing for inspections by regulatory authorities.

Representative Matters

Permitting
Representation of a midstream energy company in multiple state and federal air permit applications for pipeline compressor stations and gas processing plants

Representation of major energy company relating to the permitting of a refinery expansion

Provision of advice and counsel to a liquefied natural gas (LNG) export company on state and federal authorizations associated with construction and operation of LNG export facilities and associated infrastructure, including pipelines and compressor stations

Representation of a chemical company in state and federal environmental permit applications associated with the construction of new production units

Representation of major chemical companies in greenhouse gas permit applications before EPA Region 6

Representation of an energy storage company in a greenhouse gas permit application before EPA Region 6

Provision of advice and counsel to a midstream energy company on consultation requirements under the Endangered Species Act and the National Historic Preservation Act

Provision of advice and counsel to a pipeline company regarding Clean Water Act Section 404 individual, nationwide and regional permits associated with work on existing pipelines and development of new pipeline segments

Contested Case Hearings (Permitting)
Representation of a major utility in a contested case hearing challenging the air permit for a new coal-fired power plant

Representation of a major oil company in a contested case hearing over permitting of an injection well

Representation of a major oil company in a contested case hearing challenging the air permit for a refinery expansion

Regulatory Counseling
Provision of advice and counsel to an upstream oil and gas company on source aggregation determinations under the Clean Air Act

Provision of advice and counsel to an upstream energy company regarding compliance with release reporting requirements

Strategic counsel to an energy company on the regulation of greenhouse gases under existing laws, including the Clean Air Act, the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act

Litigation
Representation of the National Association of Manufacturers, et al. in a challenge to the EPA's GHG Tailoring Rule. The National Association of Manufacturers, et al. v. EPA, Case No. 10-1218 (DC Circuit)

Representation of the US Chamber of Commerce and the National Automobile Dealers Association in a challenge to the EPA's decision to grant California's request for a preemption waiver under Section 209 of the Clean Air Act to regulate greenhouse gas emissions from motor vehicles. US Chamber of Commerce and National Automobile Dealers Association v. EPA, Case No. 09-1237 (DC Circuit)

Representation of the American Petroleum Institute in a challenge to the EPA's greenhouse gas reporting rule for upstream oil and gas sources. American Petroleum Institute v. EPA, Case No. 11-1026 (DC Circuit)

Representation of the Texas Oil & Gas Association and other state trade associations in a challenge to the EPA's disapproval of the Texas Qualified Facilities Program. Texas Oil and Gas Association, et al. v. EPA, Case No. 10-60459 (Fifth Circuit)

Representation of the Texas Oil & Gas Association in a challenge to the EPA's disapproval of the Texas Flexible Permits Program. State of Texas, et al. v. EPA, Case No. 10-60614 (Fifth Circuit)

Enforcement
Defense of a pipeline company in multiple enforcement actions filed by the EPA and the US Department of Transportation alleging violations of the Clean Water Act for crude oil spills.

Defense of a chemical manufacturer in multiple enforcement actions brought by the Texas Commission on Environmental Quality related to alleged air and water quality permit violations

Defense of a midstream oil and gas company in multiple enforcement actions brought by the EPA and the TCEQ related to alleged air and water quality permit violations

Contested Case Hearings (Enforcement)
Representation of a major oil company in multiple contested enforcement actions before the Texas State Office of Administrative Hearings

Representation of a pipeline and terminal operator in proceedings before the Washington State Pollution Control Hearings Board in an appeal of enforcement actions brought by the Puget Sound Clean Air Agency alleging unauthorized loading of crude oil

Representation of a pipeline and terminal operator in a contested case before the Occupational Safety and Health Review Commission regarding allegations under the Occupational Safety and Health Act's General Duty Clause

Investigations and Accident Response
Representation of a chemical manufacturer in an internal investigation of a process safety incident

Conducted special investigation into corporate safety culture, corporate safety oversight and safety management systems at BP's five North American refineries on behalf of an independent panel of experts chaired by former US Secretary of State James A. Baker III

Representation of a major refining and marketing company in an Occupational Safety and Health Administration investigation of a process safety incident

Representation of a cement manufacturer in an internal investigation into allegations of illegal disposal of scrap tires

Representation of a midstream oil and gas company in an internal investigation of a process safety incident

Representation of an upstream oil and gas company in an internal investigation related to major fire at an exploration and production site

Bankruptcy
Representation of ASARCO LLC in a Chapter 11 bankruptcy involving environmental claims at current and former mining and processing sites across the country

International Arbitration
Representation of an exploration and production company in an arbitration proceeding involving allegations of environmental impact associated with oilfield operations before the International Chamber of Commerce in a dispute arising out of a Middle Eastern state's attempted termination of a production sharing agreement

Publications and Speeches

“Expanding Clarification: EPA Proposes an Expansion of its Risk Management Regulations, Which Could Affect Oil and Gas,” Energy Executive, Winter/Spring 2016.

“RMP Amendments, Methane Rules, and ERC Developments,” 28th Annual Texas Environmental Superconference, Austin, August 4, 2016.

“TSCA Reform – A Work in Progress,” The Auditing Roundtable’s South Central Regional Meeting, Austin, August 3, 2016.

Presenter, “Preparing for and Defending Environmental Enforcement Actions,” Association of Corporate Counsel South/Central Texas Chapter, San Antonio, July 6, 2016.

Presenter, “EPA’s Clean Power Plan: The Sky is the Limit,” Air & Waste Management Association Annual Conference, New Orleans, June 23, 2016.

Presenter, “Proposed Amendments to EPA’s Risk Management Program Regulations: Scoping Potential Legal Challenges,” Air & Waste Management Association Annual Conference, New Orleans, June 22, 2016.

Presenter, “Major Accident Response and Planning,” Association of Corporate Counsel South Central Texas Chapter's Oil & Gas Law Lunch and Learn, San Antonio, April 28, 2016.

Presenter, “EPA's Effort to Expand Risk Management Program Requirements - Necessary Improvements in Chemical Safety or a Failure to Implement and Enforce Existing Regulations,” 2016 American Institute of Chemical Engineers Spring Meeting & 12th Global Congress on Process Safety, Houston, April 12, 2016.

“Proposed Amendments to EPA’s Risk Management Program Regulations,” The Auditing Roundtable’s South Central Regional Meeting, Houston, February 29, 2016.

“Misinterpreting Machiavelli? Where the Ends and the Means Collide with Sound Law, Science And Policy: The Impacts of EPA’s Ozone NAAQS Revision on the Midstream Oil and Gas Industry,” The Institute for Energy Law’s Midstream Oil & Gas Law Conference, Houston, December 2015.

Moderator, “How Did ERCOT Perform in 2014?” ERCOT Market Summit 2015, Austin, Texas, February 25-27, 2015.

“Hot Air Issues – 2014,” Texas Chemical Council, Air Conservation Committee Quarterly Meeting, Houston, Texas, November 13, 2014.

“The Drive to Inherently Safer Systems and Technology,” Chemical Safety and Security Seminar, Houston, Texas, September 16, 2014.

“Greenhouse Gas Permitting in the Wake of UARG v. EPA,” Association of Air Pollution Control Agencies Annual Meeting, Austin, Texas, September 12, 2014.

“Hot Air Topics,” Texas Chemical Council, Air Conservation Committee Quarterly Meeting, Houston, Texas, April 1, 2013.

“Clean Air Act Update,” Houston Bar Association Environmental Section Luncheon, Houston, Texas, February 1, 2013.

“Greenhouse Gas Permitting,” Texas Chemical Council/Association of Chemical Industry of Texas 2012 Environmental, Health and Safety Seminar, Galveston, Texas, June 1, 2012.

“Greenhouse Gas Litigation,” Air and Waste Management Association, Hot Air Topics Conference, Houston, Texas, January 2, 2012.

“EPA's Regulatory Agenda: Upstream Impacts,” National Oil and Gas Royalty Conference, Houston, Texas, October 1, 2011.

“The Legal Basis for Regulating C02 Emissions,” University of Texas Carbon and Climate Change Conference, Austin, Texas, February 1, 2009.

Education

J.D., with honors, University of Denver Sturm College of Law, 1998
B.A., University of California, Santa Cruz, 1995

Bar Admissions

Texas
Colorado

Court Admissions

U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. District Court for the Southern District of Texas

Affiliations

Air & Waste Management Association
American Bar Association, Section of Environment Energy Resources
Austin Bar Association, Environmental Section, Co-Founder
Texas Bar Foundation

Noteworthy

Chambers & Partners, Chambers USA, Nationwide: Climate Change, 2010-2016; Texas: Environment, 2012-2016
Legalease, The Legal 500 United States, Environment: Litigation, 2016; Environment: Regulatory, 2016
Thomson Reuters, Texas Super Lawyers, 2014-2016
Woodward White, Inc., Best Lawyers, 2014-2017
Thomson Reuters, Texas Super Lawyers Rising Stars, 2007-2011