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Attorney Biography

Kelly D. Brown

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713-752-8628

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Experience

Kelly D. Brown has practiced environmental law since 1991, and is a partner in the firm's Environmental Law Section. His practice focuses on property damage and toxic tort litigation, transactional matters, administrative and civil enforcement cases, and environmental consulting (solid and hazardous waste, superfund, underground storage tank, wastewater, and remediation issues). His practice includes representing clients before the environmental agencies in various enforcement proceedings and oversight of remedial actions under various federal and state programs and representing parties in contribution/cost recovery actions. Mr. Brown also supervises environmental compliance audits, and provides advice to clients on questions involving regulatory interpretations.

Mr. Brown assists the firm's corporate and real estate attorneys with the environmental aspects of mergers and acquisitions and problems that arise from ownership of contaminated properties. He conducts the environmental portion of the due diligence in these transactions, provides necessary contract language, and supervises any environmental investigations that are necessary.

Mr. Brown is a past chair of the Houston Bar Association's Environmental Law Section, often speaks at environmental law seminars, and has been designated one of Houston’s Top Lawyers by H Texas magazine in 2005 and 2006. He is also licensed as a professional engineer by the State of Texas (presently on inactive status).

REPRESENTATIVE EXPERIENCE

  • Litigation
  • Represented energy company in defense of fraud and negligence claims brought by property buyer for contamination of real property, business losses and personal injury.

    Represented chemical company in lawsuit by over 6,000 plaintiffs alleging historic continuing air pollution; obtained a summary judgment for client on approximately 3,000 claims, whereupon the remaining claims were settled on very favorable terms.

    Represented oil and chemical companies in numerous personal injury suits related to alleged exposure to benzene, asbestos, silica, and various petroleum products.

    Successful trial defense of an oil company sued by landowner for CERCLA claims arising from a large plume of hydrocarbon in the groundwater attributed to historic operations at a refinery and tank farm.

    Represented environmental consulting firm in prosecuting claim that ex-employees breached fiduciary duty by misappropriating confidential information.

    Defended environmental consulting firm that was sued for alleged failure to discover contamination during a pre-acquisition due diligence; obtained very favorable settlement for client.

    Represented refinery in claims made by federal government that company violated federal and state hazardous waste requirements.

    Represented refinery in defense of lawsuit arising out claims that company’s wastes were cause of explosion and resulting injuries and deaths at offsite disposal facility.

    Represented pesticide manufacturer in a lawsuit filed by Harris County and Texas Commission on Environmental Quality (TCEQ) for alleged violations of environmental laws caused by fire at client’s facility.

    Defended major chemical company in lawsuit alleging that client tortiously interfered with plaintiff’s employment relationship.

    Successfully defended major chemical company in lawsuit filed by individuals alleging personal injuries caused by exposure to client’s products.

    Defended developer in lawsuit filed by subsequent purchaser that alleged client failed to adequately disclose and resolve wetlands issues on property prior to sale.

    Represented landowner/developer in prosecution of claims against prior owners arising out of historical oil and gas development.

    Served as common counsel to a potentially responsible party (PRP) group at a superfund site in defending a lawsuit alleging that clients were responsible for lost sale due to existence of groundwater contamination beneath plaintiffs’ property.

    Represented large multinational corporations in defending various CERCLA contribution lawsuits.

    Represented a Fortune 500 company and a metals recycling company in prosecuting cost recovery claims under the Texas Solid Waste Disposal Act for costs arising out of a former State Superfund Site.

    Represented a soap manufacturer in defending landlord’s claims that client violated lease and contaminated soil and groundwater.

    Defended agricultural chemical company investigated for federal environmental criminal violations.

  • Enforcement Defense

    Secure non-applicability determination from TCEQ in favor of petrochemical manufacturer regarding air emissions control requirements.

    Represented chemical manufacturer in defense of claims by City of Houston arising out of wastewater discharge.

    Prosecuted successful appeals of TCEQ compliance history rating determinations for petroleum terminal and petrochemical manufacturer.

  • Defended metals recycling facility against multi-media enforcement action filed by TCEQ, alleging the company violated state’s air quality regulations, hazardous waste requirements, and storm water requirements.

  • Represented waste management company in defense of civil and criminal allegations related to wastewater discharge.

    Defended major corporation in enforcement action filed by TCEQ alleging the violation of the state’s hazardous waste laws.

    Defended major chemical company in enforcement actions filed by EPA alleging violations under the Clean Water Act, Resource Conservation and Recovery Act, and Clean Air Act.

    Defended fertilizer manufacturer in enforcement actions filed by EPA and the California Environmental Protection Agency (CAL-EPA) alleging violations under their respective hazardous waste laws.

    Defended homebuilder against EPA enforcement action for alleged violations of federal stormwater rules.

    Defended state enforcement action involving alleged RCRA and Clean Air Act violations at a pipeline terminal.

    Represented various clients in securing certificates of completion and/or innocent owner program certificates through the Voluntary Cleanup Programs (VCP) at TCEQ and the Railroad Commission of Texas.

  • Transactions

  • Environmental due diligence counseling for prospective buyers of petroleum and petrochemical tank terminals, specialty chemical facility, former tannery, metals recycling facilities, agricultural-related companies, and various residential and commercial ventures.
  • Counsel for U.S. energy company in connection with the acquisition of intrastate natural gas pipeline and related gas plants.

  • Counsel for seller of former pesticide facility being sold for use as part of a mixed use (residential/commercial) development.

    Counsel for limited partnership that purchased property that was formerly the site of a steel plant for redevelopment into light commercial/retail.

    Counsel for prior owner of steel distribution company whose property was contaminated by a nearby chemical plant.

    Counsel for entity that purchased a site formerly used as a tannery for redevelopment

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Practice Areas

Education

  • Texas Tech University (B.S. 1981);Tau Beta Pi; Omega Chi Epsilon
  • South Texas College of Law (J.D. 1991); Phi Delta Phi

Bar & Court admissions

  • Admitted to State Bar of Texas, 1991
  • U.S. District Court, Southern and Eastern Districts of Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • State Bar of Texas
  • Fellow of Texas Bar Foundation
  • Houston Bar Association

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