- 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
Whit advises industrial companies on state and federal air quality permitting and regulations, such as Title V operating permit matters and state and federal new source review permitting. He represents clients in environmental litigation matters and has contested permit matters before the Texas State office of Administrative Hearings.
He has experience assisting major manufacturing, energy, chemical, and petrochemical companies to develop and implement state and federal preconstruction and operating strategies, and provided counsel on compliance issues related to the Clean Air Act.
Assistance to major manufacturing, energy, chemical, and petrochemical companies with development and implementation of state and federal preconstruction and operating permit strategies
Assistance to a refinery owner/operator in developing strategy for both state and federal permitting actions to ensure timely permit issuance and start of operation for major refinery expansion
Provision of compliance assistance to major manufacturing, energy, chemical and petrochemical companies regarding Clean Air Act regulatory requirements
Counsel to a chemical manufacturer in connection with drafting and negotiating a novel corrective order to resolve past liability for unauthorized emissions and establish a stipulated penalty structure to address future emissions events and remove the owner/operator from the cycle of Texas Commission on Environmental Quality (TCEQ) Notices of Enforcement and administrative penalty orders
Development of a strategy for industry coalition ensuring that the state/federal split of permitting authority in Texas would not delay operating permit issuance and the authority to operate new projects that triggered PSD review for greenhouse gases; successful advocacy for that strategy at the TCEQ.
Representation of power generation companies in contested case hearings before the Texas State Office of Administrative Hearings (SOAH) over preconstruction air quality permits for new coal-fired electric generating units.
Representation of cement manufacturers in responding to information requests received from the US Environmental Protection Agency (EPA) under Section 114 of the Federal Clean Air Act and in defending a manufacturer against alleged Prevention of Significant Deterioration (PSD) violations in a subsequent enforcement action.
Publications and Speeches
“Agency-Related Ethics Issues,” 26th Annual Texas Environmental Superconference, Austin, Texas, August 7-8, 2014.
"Greenhouse Gas Permitting Process: Legal Perspective," Texas Chemical Council (TCC)/Association of Chemical Industry of Texas (ACIT), June 5, 2013.
"Regulating Greenhouse Gases: The Endangerment Finding, the Triggering Rule, the Tailoring Rule, and the Proposed New Source Performance Standards for Power Plants," University of Texas School of Law Power Plant Conference, February 1, 2013.
"Impacts of EPAs Recent SIP Actions on Past, Present and Future Permitting Actions," Air and Waste Management Associations Hot Air Topics Conference, January 1, 2011.
"Emerging Issues in Federal Clean Air Act Operating Permits," University of Texas School of Law Air Quality Conference, November 1, 2010.
"EPAs Aggressive use of Title V Objection Authority," International Liquid Terminal Association Gulf Coast Regional Conference, November 1, 2010.
"Air Quality: Colors of the Wind," Texas Environmental Superconference, July 1, 2010.
J.D., Order of the Coif, The University of Texas School of Law, 1996
B.A., Washington and Lee University, 1993
Austin Bar Association
Austin Young Lawyers Association
Chambers & Partners, Chambers USA, Texas: Environment, 2015-2016
Legalease, The Legal 500 United States, Environment: Litigation, 2016; Environment: Regulatory, 2016
Woodward White, Inc., Best Lawyers, Environmental Law, 2016-2017
Order of the Coif