Kelly D. Brown has practiced environmental, health, and safety (EHS) law since 1991, and is a shareholder in the firm’s EHS Section. Kelly’s legal practice is a broad-based one as he handles EHS-related litigation, transactional matters, remediation projects, and compliance counseling.
Kelly defends corporate clients in various personal injury and toxic tort lawsuits and administrative proceedings brought by governmental agencies including the Texas Commission on Environmental Quality (TCEQ), Railroad Commission of Texas (RRC), the Environmental Protection Agency (EPA), and the Occupational Safety and Health Administration (OSHA), and represents both plaintiffs and defendants in environmental cost recovery litigation and property damage lawsuits. Kelly also advises a nuclear power plant on a variety of issues, including those before the Texas Low Level Radioactive Waste Disposal Compact Commission.
Kelly works with the firm’s corporate and real estate attorneys to allocate risk in various mergers and acquisitions and real estate transactions. Kelly coordinates all HSE aspects of the due diligence in these transactions, provides contract language to properly allocate risk, and oversees related remedial work resulting from such risk allocation.
Kelly advises corporate clients on a variety of EHS issues both in Texas and throughout the United States. Kelly handles air permitting and related compliance issues, as well as those involving solid and hazardous waste, underground storage tank, wastewater, and remediation issues. Along these lines, Kelly conducts and supervises HSE compliance audits to help companies secure immunity from administrative enforcement, and provides advice to corporate clients on questions involving regulatory interpretations.
Kelly has overseen numerous remediation projects through the TCEQ’s Voluntary Cleanup Program, and has secured multiple Municipal Setting Designations (MSD) for clients as a practical and inexpensive remedial option to contaminated groundwater.
Kelly has represented companies throughout his career in various Superfund-related matters, including the following sites: Bayou Sorrell (Louisiana), Brio Refining, CES Environmental, Devils Swamp (Louisiana), French Limited, Gulf Metals Industries, Gulfco Marine Maintenance, Jones Road Groundwater Plume, Malone Services Company, Marine Shale (Louisiana), Petro-Chemical System (Turtle Bayou), RSR Corp., Sandoval Zinc (Illinois), Stoller (South Carolina), and U.S. Oil Recovery.
Kelly is a past chair of the Houston Bar Association’s Environmental Law Section, and was selected to the Best Lawyers in America list 2009-2021 and named Lawyer of the Year in 2015 for Litigation – Environmental. Best Lawyers in America is a registered trademark of BL Rankings. Kelly is also licensed as a professional engineer by the State of Texas (presently on inactive status).
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