Services Contact Us News & Insights Media Taps Crain Caton & James Shareholder and COCI for Comments on Impact of Pandemic on At-Risk Students Crain Caton & James Welcomes New Corporate, Business and Tax Shareholder Guilty Plea in Hazardous Waste Case HBJ Prints Op-Ed Co-Authored by Rob Wisner on Emotional Impact of Pandemic on Learning for At-Risk Students Corpus Christi Settles CWA Enforcement EPA Announces Rule for Issuing Guidance Documents Settlement with State Did Not Protect Against Contribution Suit Based on Federal Costs Individual and Company Liable for Filling Tidal Channels and Marsh Third Circuit Rejects EPA’s Approval of Pennsylvania’s Ozone Plan EPA Announces Final Rules to Ease Regulatory Burden on Oil & Gas Industry DOJ Calls for Updating Administrative Procedure Act Proposed Regulatory Definition of “Habitat” 5th Circuit Seeks to Clarify Standing in Citizen Suits Court Vacates Trump Methane Rule, which Restarts Challenge to Obama Methane Rule 5th Circuit Rejects Narrow Read of OSHA’s PSM Rules EPA Announces Settlement with Major Fertilizer Producer DC Circuit Says FERC Must Stop Issuing Tolling Orders Bayer Gets Roundup Victory, then Announces $10 Billion Settlement Employers Can’t Require COVID-19 Antibody Tests Per EEOC EPA Issues Advisory for Hazardous Weather Preparation SCOTUS says Title VII applies to Homosexual or Transgender Employees Texas Supreme Court Agrees to Hear Hurricane Harvey Takings Case Marty Olson Elected President of Houston Area Legal Professionals What the COVID-19 Pandemic means for your contract or lease in Texas 5th Circuit Agrees with EPA’s CAA Title V Interpretation Sports Equipment Manufacturer Agrees to Million Dollar TSCA Settlement SEC Committee Urges Better ESG Disclosures EPA Settles with Ammonia Facilities for Clean Air Act Violations PPP Safe Harbor Deadline Approaches on May 14, 2020 How Courts May Apply Recent Supreme Court CWA Decision SEC Temporarily Relaxes Crowdfunding Rules Blue Bell Pleads, Former CEO Indicted Texas Estate Planning Document Execution in The Time of Covid Will Courts Require Restorations that Exceed the Market Value of Contaminated Property? Families First Coronavirus Response Act: A bullet point list for employers Mitigation Project Settlements May Thrive with the Death of SEPs COVID-19 Message Lawyer Jill Gets Dog Namesake EPA Issues PFAS Program Update State and Local Environmental Enforcement on the Rise James (Jim) Smith Presents at 4C Health, Safety, and Environmental Conference EPA Statistics Show Continuing Decline in Civil Enforcement, Increased Criminal Enforcement EPA Touts 2019 Achievements EPA Responds to Media Criticism of WOTUS Rule Oil & Gas Producer Agrees to $1 Million Air Pollution Fine CEQ Announces Major Overhaul of NEPA Regulations David A. Polsinelli and Joe R. Savoie Promotion The Start of another Election Year Judge Says New York Failed to Prove ExxonMobil Misled Investors Crain Caton & James Adopts over 75 HYLF Angels Environmental Groups Take Aim at Plastics Industry Massachusetts Judge Predicts Pro-Industry Supreme Court Ruling in Clean Water Act Case EPA Announcement Provides Reminder of Chemical Accident Prevention Requirements EPA Responds to NY Times Article on Evidence Used for Health Rules Illegal Hazardous Waste Storage Results in One Year Prison Term EPA Investigation Leads to Conviction for Stealing and Selling a Bridge Environmental Groups Submit Notice relating to Ozone Emissions from Oil and Gas Production Texas Company Agrees to Pay $50 Million and Eliminate Discharges of Plastics Rob Wisner Provides Professional Insights Real Estate Companies Pay Fines for Violating EPA’s Residential Lead Regulations Darlene Payne Smith Recognized as a 2019 Texas Trailblazer To Arbitrate or Not To Arbitrate–That’s NOT the Only Question US Supreme Court Will Hear Pipeline Case with Issue of USFS Authority It Doesn’t Feel Like Heaven Right Now for Employers Inability to Condemn State Property Raises Questions about FERC Orders DC Circuit Says EPA’s 2018 Renewable Fuel Rule Did Not Properly Consider Endangered Species Third Circuit Says Pipelines Cannot Condemn State Property 5th Circuit Upholds EPA’s Postponement of Compliance Date for Electric Utility Water Discharges EPA Proposes Reductions in Rules for Oil & Gas Industry DC Circuit Refuses to Strike Down EPA Clean Air Act Policy Change Trump Administration Issues Revised Endangered Species Act Regulations The Best Lawyers in America in their 2020 Edition EPA Takes a Stand for Roundup Highlights of the 2019 Texas Environmental Superconference Rhode Island Federal Judge Says State’s Climate Change Suit Should Be in State Court 9th Circuit Says Agreement Settled CERCLA Claims of Both Parties Judge Orders PG&E to Respond to Media Reports You Spin Me Right Round, Baby Crain Caton & James Welcomes Two New Attorneys Appellate Court Reverses Certification of Subclass in Plains Pipeline Case DOJ Issues Environmental Accomplishments Report 10th Circuit Dismisses Homeowners Claims of Increased Insurance Premiums San Antonio and Dallas Paid Sick Leave Ordinances 2019 Rob Wisner Speaks on Representing Financial Institutions FERC Must Ask Pipeline Applicants to Provide More Upstream and Downstream Information Texas Federal Court Remands WOTUS Rule Austin Court of Appeals Upholds TCEQ’s Issuance of Controversial Injection Well Permit City of Houston Case Shows Why Settlements with the Government Take so Long All Privileges Are Not Created Equal US DOJ Issues Guidance Regarding Corporate Compliance Programs Don’t Exit The Vehicle Yet-EEO-1 Deadlines for New Data for 2017 and 2018 Set Fifth Circuit Rejects EPA Effluent Limitation Guidelines for Power Plants Canadian Governments Urge Supreme Court Review of Cross-Border CERCLA Case EPA Defends Enforcement Approach Despite Continued Decline in Case Filings and Inspections Joshua R. Flores Earns Unanimous Jury Verdict Court Will Not Dismiss CWA Climate Change Related Counts against ExxonMobil Groundwater Remediation Done under State Sufficient to Preclude Private Party’s Injunction Demand Hop On Board the EEO-1: The Hottest New Rollercoaster – Wild Ride Awaits Hop On the EEO-1 — The Hottest New Roller Coaster — Wild Ride Awaits United States and City of Houston Say Settlement Is Imminent in CWA Enforcement Case US Supreme Court to Decide CWA Issue Tanker Company Hit with $2 Million Fine and Captain Faces 6-Count Indictment Biodiesel Company Pleads to Felony for Releasing Wastewater into Storm Water Pit Increased EPA Flexibility Predicted for Oil & Gas Audits by New Owners Official 2018 EPA Enforcement Statistics Not Yet Announced; Unofficial Analyses Say Enforcement Has Sixth Circuit Refuses to Rehear Key CWA Case Ninth Circuit May End “Youth” Climate Suit Ninth Circuit May End “Youth” Climate Suit Government Supports Supreme Court Review in CWA Case Sarah Patel Pacheco Named to Texas Top 50 Women’s List by Super Lawyers Court of Appeals Rejects Forest Service’s Approval of Atlantic Coast Pipeline US Supreme Court Seeks Government’s View on Key CWA Issue Crain Caton & James Elves Wrapped over 250 Gifts for Adopt an Angel Program Environmental Group Allowed to Intervene in CWA Enforcement Case Against City of Houston 2018 Election Will Dramatically Change the Texas Mid-Level Appellate Courts Appellate Court Says Developer Cannot Increase Impervious Cover While Matter Is Pending Roadmap for Fiduciaries and Other Professionals to Avoid Being Sued The 2018 Election: Results and Consequences Largest U.S. Natural Gas Processing Plant Accepts Multi-Million Dollar Clean Air Act Settlement Crain Caton & James Named to U.S. News 2019 “Best Law Firms” List EPA and Justice Department Reach Historic RMP Settlement with Chevron Insurance Must Cover Carbon Monoxide Leak at Hotel Court Upholds Oregon’s Clean Fuels Program Supreme Court Should Clarify Clean Water Act Scope Appellate Court Affirms $8.3 Million against Teck for Tribes’ Past UCR Site Costs Crain Caton & James Names Sarah Patel Pacheco Firm President California Jury Convicts Plains for Pipeline Leak US Supreme Court Asked to Consider if CWA Citizen Suits Can Address Migration through Groundwater New Guidance New Day for FLSA Judge Refuses to Dismiss Suit Alleging ExxonMobil Defrauded Investors regarding Estimated Future Cos Rob Wisner Shares Cherish Our Children International Success Environmental Group Serves City of Houston with Intent to Sue Over Sewage Discharges California Roundup Verdict: Will It Survive Appeals? Could It Happen in Texas? Crain Caton & James Attorneys Assist Candor Midstream Crain Caton & James Attorneys Assist Moda Midstream in Terminal Acquisition The Trump Administration Speaks On Independent Contractors Eight CCJ Lawyers Named to Best Lawyers in America 2019 List Edition Mid-Level Texas Appeals Court Clarifies Procedures for Challenging TCEQ Tax Exemption Decisions Sovereign Immunity Bars Private Party’s CERCLA Claims against State Agencies Supreme Court Says Forest Service Can Allow Pipeline under the Appalachian Trail EPA Publishes On-Site Civil Inspection Procedures Crain Caton & James Welcomes Four Attorneys Mindy Riseden Selected to Serve Second Term on SMU Dedman School of Law Emerging Leader Board Crain Caton & James Lawyers Selected to 2020 Texas Super Lawyers List H. Miles Cohn and Michelle V. Friery Presenting a Webinar on Real Estate Bankruptcies, Including Lease Issues Crain Caton & James names new Executive Committee Member and President Sarah Patel Pacheco Named a 2021 Best Lawyers® “Lawyer of the Year” in the area of Litigation Trusts and Estates for 2021 in the Houston area 13 Crain Caton & James Lawyers Named to 2021 Best Lawyers® List Six Crain Caton & James Attorneys Included in the Inaugural Edition of the Best Lawyers®: Ones to Watch List Two New Attorneys Join Crain Caton & James Supreme Court Holds BOOKING.com Protected Illinois Court Holds that Force Majeure Clause Excuses Restaurant from Full Rental Payments During COVID-19 Restrictions Crain Caton & James Names New Executive Committee Member Four Attorneys Named to 2020 Texas Rising Stars List Ninth Circuit Dismisses “Youth” Climate Suit Crain Caton & James has named the Executive Committee for 2020 Crain Caton & James Elects Two New Shareholders CCJ Congratulates Three Women Attorneys Selected to the Super Lawyers Top Women Attorneys in Texas Crain Caton & James Lawyers Named to the 2019 Texas Super Lawyers List Kimberly Stuart Selected to America’s Top 100 Civil Defense Litigators EPA Initiates Audit Program for New Owners of Oil and Gas Facilities Negotiating Teams Agree to Proposed Settlement in City of Houston CWA Enforcement Case Four Attorneys Named to 2019 Texas Rising Stars List Crain Caton & James Congratulates Eight Attorneys Selected for the 2018 Texas Super Lawyers List SPCC Inadequacies Lead to Penalty Democracy Forward Sues to Allow Supplemental Environmental Projects in Settlements Despite the Pandemic Gremlin, Crain Caton & James Carves Out Some Fun! EPA Finalizes Rule to Allow Consideration of Emission Decreases in New Source Air Permitting Crain Caton & James Named to the 2021 U.S. News-Best Lawyers® “Best Law Firms” Rankings Updated Recommendations for Conducting Internal Investigations Seek Federal Registration of Your Trademark Now Should I Patent It… Estate Plan 101: What is it and why do you need one? The Essence of Life is Giving A Biden EPA Supreme Court of Texas Clarifies what Owners Can Require of Contractors Ninth Circuit Supports Highway Project in California State Park Crain Caton & James Elects New Shareholder Crain Caton & James Welcomes Estate Planning Shareholder Disclaimer TV Show Leads to Clean Air Act Penalty Ninth Circuit Clarifies What Government Must Prove in Wetlands Criminal Case SEC Seeks Public Input on Climate Change Disclosure Lessons from an Oilfield Tragedy Texas Appellate Court Addresses Pipeline Owner’s Safety Responsibilities Another Texas TV Show Fined for Lead-Based Paint Violations Stormwater Permit Violations Lead to Six-Figure Penalty Last Fiscal Year of Trump EPA Saw Increase in Criminal Investigations Will Appointment of Judge Garland as Attorney General Give Rise to a Constitutional Issue? DuPont and Former Employee Indicted for 2014 Fatal Incident New Indictments in Flint Water Crisis Impact of Georgia Election on Environmental Issues TCEQ Seeks Stakeholder Input Regarding Industrial Stormwater Permits California Facility Agrees to $390K Penalty for Discharges into City Sewer State and Local Environmental Enforcement and a Biden EPA Five Attorneys Named to 2021 Texas Rising Stars List Anna V. Kavanaugh recognized on Super Lawyers Texas Rising Star List Joshua R. Flores recognized on Super Lawyers Texas Rising Star List David A. Polsinelli recognized on Super Lawyers Texas Rising Star List Chesapeake Pays $1.9 Million to Settle Wetlands Enforcement EPA Highlights Spill Prevention Requirements in Announcing CWA Settlement EPA Issues Environmental Justice Announcement Texas Supreme Court Allows Harvey Claims to Proceed DOJ and EPA Announce Environmental Crime Victim Assistance Program An Invitation: The Impact of the Election on the Law and Clients Texas Law May Be Inconsistent in Determining Employee Status Need MCLE credits? Register for Solvency Issues, M&A, and Distributions CLE Companies and Individuals Hit with $2 Million Penalty in Clean Water Act Citizen Suit Preference Will Continue for Stories over Statistics in EPA Enforcement Texas Supreme Court Upholds Privilege for Notice Letters in Citizen Suits EPA Inspector General Issues Report on Declining Enforcement EPA Report Shows Fifty Years of Declining Pollution and Economic Growth TC Energy and Alberta Announce Termination of Keystone XL Pipeline Caton, Michael Bond, Adrienne Randle Cooper, Betsy A. Friery, Michelle V. Harmon III, Frank G. Jensen, William P. Kollenberg, C. Henry Kotch, A. Branton Lenz, Jolie S. Nemeth, Peter G. Seale, Michael D. Webb, Elizabeth (Liz) Need CLE? Need CLE? Reeves, Philip C. Crain Caton & James Welcomes Financial Institutions Litigator Brown P.E., Kelly D. Pace, Caroline C. Hudson III, James E. Grant, Rebecca D. Fourteen Crain Caton & James Lawyers Named to 2022 Best Lawyers® List Eight Crain Caton & James Attorneys Included in 2022 Edition of the Best Lawyers®: Ones to Watch List Administration Announces Intent to Revise Definition of WOTUS EPA Assesses Penalties for Inadequate Protective Measures US Supreme Court Says Pipelines Can Condemn State Property Court of Appeals Says CWA Climate Change Case against ExxonMobil Should Not Wait on EPA Key WOTUS Issue: Ephemeral Streams EPA Announces Several Enforcement Settlements for Filing and Pollution Prevention Deficiencies Biden Administration Announces Plan for Interim Return to Pre-2015 Definition of WOTUS Texas Appellate Court Upholds Permanent Closure of Recurring Nuisance Energy Company Pays $1 Million to Settle Clean Water Act Case TCEQ Renews Stormwater MSGP for Industrial Facilities Eighth Circuit Rejects Remedy that Orders Emission Reductions at Company’s other Plant A New WOTUS Definition-the Administration’s Dilemma Fifth Circuit rebuffed an individual guarantor’s claims of “fraudulent inducement, duress, unclean hands, and equitable estoppel” against lenders U.S. Supreme Court held “No Concrete Harm, No Standing” for class-action lawsuit members Seventh Circuit ruled CRAs were responsible for investigating “factually inaccurate information,” but not “legal inaccuracies.” George, Larry Crain Caton & James Lawyers Selected to 2021 Texas Super Lawyers List Crain Caton & James Welcomes Experienced Real Estate Attorney Environmental, Health and Safety Appellate Bankruptcy and Creditor Rights Commercial Litigation Corporate, Business Transactions and Tax Employment & Labor Law Health Law Estate, Trust and Wealth Planning Insurance and Personal Injury Intellectual Property Probate, Trust and Guardianship Real Estate Fiduciary Litigation Energy EPA Rescinds Guidance on Permitting Discharges through Groundwater Appeals Court Reverses CERCLA Decision Finding Harm Capable of Apportionment Texas Facility to Pay Millions to Settle Clean Air Act Case Recent case of interest where Texas passes a landmark bill (HB 4474) recognizing, defining, and clarifying virtual currency and its control Switching from Coal to Natural Gas Leads to Declines in Greenhouse Gas Emissions West Texas Gas Companies to Pay $3 Million to Settle Clean Air Act Case Crain Caton & James represented Synergy Offshore LLC in the sale of certain oil and gas assets to U.S. Energy Corp Home Banking and Financial Services Sarah Patel Pacheco Named to Top 100 Houston and Top 50 Women Texas Super Lawyers Lists Sarah Patel Pacheco Named to 2022 Best Lawyers® List Perry, Suzanne D. Flare Issues Lead to $3.4 Million Penalty EPA Announces PFAS Comprehensive National Strategy Crain Caton & James Named to the 2022 U.S. News-Best Lawyers® “Best Law Firms” Rankings H. Miles Cohn Panagos, Jill Clark, Sarah Sokol Definition of “Habitat” Is Endangered ALERT: Environmental EPA Proposes Rules to Reduce Methane Emissions DOJ Announces New Actions to Respond to Corporate Crime Christopher, C. Vance Maynard, Jr., Charles D. Wisner, Robert R. Stuart, Kimberly R. Cunningham, Kristina L. Kristina Cunningham and Keith Taylor Promoted to Senior Associates A recent trial court summary judgment ruling on NSF Fees you may find of interest Riseden, Mindy McGehee Smith, Darlene Payne Texas Supreme Court to Hear Appeal of TCEQ’s Issuance of Controversial Injection Well Permit TC Energy Submits Request for NAFTA Arbitration regarding Keystone XL Pipeline Barge Company to Pay $15 Million for Injuries to Natural Resources Pipeline Company Sentenced to $15 Million Fine and Three Years of Probation EPA Announces New Regional Administrator for Region 6 EPA Issues Report on Seasonal Effects of Climate Change EPA Issues Report on Seasonal Effects of Climate Change About Us Crain Caton & James Announces Executive Committee Changes Judge Rejects States’ Request to Resurrect Keystone Pipeline Project Environmental Groups Challenge EPA’s PFAS Rules EPA Announces Environmental Justice Actions US Supreme Court Accepts another WOTUS Case Horowitz, Jeffrey I. Crain Caton & James Represents In-Depth in Legal Vindication Circuit Court Says Pipeline’s Endangered Species Review Was Inadequate EPA Enforcement Filings Continue Downward Trends Power Plant Emissions Increased in 2021 Class Action Can Proceed Alleging Management Hid Environmental Liabilities Alleged Injury to Aesthetic Interests Can Satisfy Standing Requirement Possible Rule Changes of Interest Where Texas Supreme Court Creates Rules for Justice Courts Important Sexual Harassment Updates for Texas Employers Huttenbach, William (Pat) Two Attorneys Named to Texas Rising Stars List Kavanaugh, Anna Valkovich Sarah Sokol Clark Listed on Houstonia Magazine’s Top Lawyer List Crain Caton & James Welcomes Two New Attorneys Two Crain Caton & James Lawyers appear on The Best Lawyers in America List for 25 Years Gabriela M. Barake recognized on Super Lawyers Texas Rising Star List Kathleen Tanner Beduze recognized on Super Lawyers Texas Rising Star List Crain Caton & James Welcomes Two New Business and Financial Services Lawyers Mitigation Project Settlements May Thrive with the Death of SEPs EPA Publishes On-Site Civil Inspection Procedures Morse III, Robert E. (Robin) Keys To Minimizing Disputes Over Common Area Maintenance Charges in A Commercial Lease Local Agencies Play a Key Role in Houston Area Environmental Enforcement The Biden Estate Tax Agenda: In Like a Lion, Out Like a Lamb, and Estate Planning for 2022 Enforceability of Online Arbitration Agreements Lis Pendens Notices: Is It Time For A Change In Texas Law? Careers Recent case of interest I personally argued to the Tex. Sup. Ct. wherein the Court ruled a wire transfer request form did not create a new contract Partnership, LLC and Corporate Tax Shareholder/Partner Real Estate Shareholder/Partner (15 Years’ Experience) Corporate Partner/Shareholder (10+ Years Experience) Polsinelli, David A. Smith, James E. Crain Caton & James Environmental Attorney Named to Chambers and Partners Directory Crain Caton & James Welcomes Litigation Attorney Alex Cohn Attorneys Cohn, Alexander W. (Alex) Appling, D. Alan Recent cases of interest regarding overdraft fees class actions and two additional dismissals/judgments in favor of banks Umble, J. Russel “Rusty” Smart, Peter C. Guobadia, Jessica L.D. Crain Caton & James Represents Rockstep Capital in Acquisition of The Outlet Collection at Riverwalk Case of interest related to the E-Sign Act and clicking an “acknowledgement” button to possibly agree to a contract J. Russel “Rusty” Umble Joins Crain Caton & James Crain Caton & James Named Houston Chronicle’s Best of the Best in Three Legal Categories Recent case of interest related to N.Y. Court affirming Happy the elephant, a nonhuman animal, is not a ‘person’ subjected to unlawful detention Taylor, Keith A. Recent case of interest related to mass-produced ADA Braille gift card complaints