Counseling/Regulatory Services
Air Quality
Baker Botts’ clients come from a diverse array of industries, but they share a common commitment to driving improvements in America’s air quality while sustaining our nation’s competitiveness and economic growth. A pro-active role is essential in the development of effective national, state and regional air quality regulatory initiatives, while responding effectively to enforcement actions, permit challenges and private party litigation. Air quality regulation has been a dynamic challenge for many years, as goals and priorities tend to shift.
Water Quality
The U.S. EPA has announced its intention to employ Clean Water Act (CWA) authorities to protect U.S. waters from such diverse alleged threats as ocean acidification. Baker Botts offers considerable experience in nearly all types of water quality issues, including compliance, agency enforcement of water quality standards and development of water quality regulations. We have represented clients to address ocean acidification issues, storm water permitting, Spill Prevention Control and Countermeasure rule compliance and other significant water quality issues. For example, we have worked with clients to clarify the extent of federal jurisdiction over wetlands under Section 404 of the CWA and the precise extent of “waters of the United States.” Current judicial decisions vary widely concerning the scope of the Corps’ authority to regulate wetlands, and a lack of uniform regulatory practices among Corps districts has created considerable confusion among landowners.
Waste and Remediation
Baker Botts lawyers have substantial experience addressing a broad range of hazardous waste and toxic substance cleanup matters arising under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), the Resource Conservation and Recovery Act (“RCRA”) and other federal and related state statutes. Our lawyers possess extensive experience addressing the full array of legal and technical issues associated with contaminated properties and complex environmental cleanups, having been involved in some of the most significant cleanup cases arising under federal and state environmental laws. Based on this experience, we have developed innovative and effective strategies to assist our clients when addressing environmental issues at these types of sites.
Natural Resources
Baker Botts has substantial experience with the regulation of natural resource developments, including oil and gas and renewable resources. We have advised a range of clients-including trade associations and individual companies-on the regulation of oil and gas development activities and have represented clients in rulemaking proceedings and other administrative, legislative and judicial proceedings at the federal, state and local levels.
Environmental Practice
The Baker Botts Environmental Practice is comprised of lawyers dedicated specifically to environmental matters. We provide one of the broadest practices in the country, combining decades of experience and a wide array of skills to help our clients solve their environmental and health and safety challenges. We represent clients in every significant aspect of regulatory counseling, strategic permitting, litigation, legislative matters, rulemaking, criminal investigations, corporate crises, civil enforcement, contaminated site remediation and business transactions.
Environmental Coalitions
The collective voice of business is often more persuasive than one or two lone company voices, particularly when the industry voice represents thousands of company, employee and shareholder opinions forged into a thoughtful consensus. Our environmental coalitions give our clients effective tools in advocacy efforts, as well as avenues to track new legislation, regulatory initiatives and litigation trends. Our groups afford interactive platforms to benchmark emerging issues and industry responses--in a time-sensitive and cost-effective manner.
Downstream
Baker Botts has core strengths in energy, intellectual property and air quality environmental issues. As an international law firm focused on the energy industry and technology, Baker Botts brings to its downstream energy work the combined strengths of its deep knowledge of the energy industry; its environmental practice focused on air quality policy, permitting and enforcement and climate change and its Intellectual Property Practice with significant experience in downstream oil and gas and petrochemical processes and manufacturing.
Crisis Management
Baker Botts helps clients respond to natural disasters, accidental releases of hazardous substances, fires and explosions and other crises. We provide advice during every phase of accident response, including: containing the crisis, coordinating responses to investigations, resolving resulting penalties and personal injury liabilities and bringing suit against insurers and contractors or other third parties that contributed to the accident. We also help obtain emergency authorizations from regulatory agencies to continue to operate or to authorize excess emissions after accidents and natural disasters.
Antitrust and Competition Law
In a time of increased global business activity, virtually every significant commercial transaction, business strategy and marketplace activity in some way implicates antitrust and competition laws in the United States, Europe or other jurisdictions. This highly-ranked group of lawyers regularly handles the highest profile, “bet the company” matters such as Caterpillar’s $7.6 billion acquisition of mining equipment manufacturer Bucyrus International; Smith International’s $11 billion combination with Schlumberger; and Baker Hughes’ $5.5 billion reacquisition of BJ Services.
