• Trial and Appellate
• Environmental
• Government Affairs
  • Class Action Defense
  • Personal Injury Defense
  • Products Liability
  • Public Policy Litigation
• Chemical and Refining Industry Team
• Climate Change Task Force
• Financial Crisis Recovery Team

Richard Faulk chairs Gardere’s Litigation Department and the Firm’s Environmental Practice Group. He concentrates his practice in complex toxic tort and environmental litigation, including class actions and other “mass tort” cases involving multiple plaintiffs and defendants. He has significant expertise in cases with international implications and comparative mass tort procedures.

Mr. Faulk also leads Gardere's Climate Change Task Force. He and his partner, John Gray, have authored one of the major scholarly papers in the area, "Stormy Weather Ahead: The Legal Environment of Global Climate Change." This comprehensive article has been presented at conferences of the United States Chamber of Commerce, in media events at the Washington Legal Foundation, at various Professional Development seminars for lawyers, engineers, and businessmen. Since climate change is a multi-disciplinary issue that affects clients in a variety of ways, Mr. Faulk has assembled a Task Force that includes not only trial and appellate lawyers, but also lawyers from the corporate, environmental, tax and intellectual property areas, as well as respected experts in the field.

In almost 30 years of practice, Mr. Faulk has served as lead counsel for toxic tort and environmental litigation in Texas and other jurisdictions. He has defended claims for a variety of injuries and illnesses, including various forms of cancer and neurotoxic effects, and has assembled a group of highly qualified medical, safety and engineering experts to assist in defending his clients.

Mr. Faulk is also experienced in environmental litigation, including groundwater contamination cases, cost recovery and contribution actions under CERCLA and state environmental laws, and "neighborhood" exposure cases alleging residential toxic exposures and property value diminution from alleged pollution released by manufacturing facilities.

Mr. Faulk received the 2009 and 2003 Burton Award for Legal Achievement in Recognition of Exceptional Legal Writing. He is regularly recognized as a Texas Super Lawyer by Law & Politics Media Inc., and since 2004 has been annually listed in  Chambers USA: America’s Leading Lawyers for Business . In 2005, Mr. Faulk addressed the National Academy of Sciences regarding the reliability of admissibility of scientific evidence in the courts.

Mr. Faulk has successfully represented:

• Alcoa, Inc.
• ARCO Chemical Company
• Atlantic Richfield Company
• Aviall Services, Inc.
• Crown Central Petroleum Corporation
• Equistar Chemicals LP
• ExxonMobil
• Lyondell Chemical Company
• Millennium Petrochemicals
• Occidental Chemical
• Texas Instruments
• The American Chemistry Council
• The Texas Chemical Council
• Wyatt Industries, Inc.

Mr. Faulk's representative matters include:

• Mr. Faulk briefed and presented oral arguments before the United States Supreme Court in Aviall Services, Inc. v. Cooper Industries on October 6, 2004. The proceedings before the Supreme Court arose when the high court granted certiorari to review a 10-3 decision Mr. Faulk secured for Aviall by the en banc Fifth Circuit Court of Appeals. The Fifth Circuit's decision permitted Aviall to pursue a claim for contribution under CERCLA for recovery of costs incurred to clean up pollution by Cooper Industries at Dallas' Love Field airport. The Supreme Court remanded the case for consideration of other CERCLA claims raised by Aviall and that process is now ongoing in the federal trial court in Dallas.
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• Mr. Faulk led a trial team as lead defense counsel that successfully defended vapor intrusion litigation filed against a major electronics manufacturer in Texas federal and state court. The mass tort litigation was filed by over 125 residents of a neighborhood located near the client's manufacturing facility. The suits sought relief under CERCLA Sec. 107 and 113, and alleged various state law causes of action, including trespass, public and private nuisance, and negligence. The residents claimed damages in the form of diminished property values, investigative costs, as well as punitive damages. The suits were dismissed after the evidence conclusively established that there was no reliable scientific basis for plaintiffs' vapor intrusion claims.
­
• Mr. Faulk secured a decision from the Fifth Circuit Court of Appeals permitting Millennium Petrochemicals, Inc. to pursue contractual indemnity against asbestos claims filed by employees of its former maintenance contractor. In Millennium Petrochemicals, Inc. v. Brown & Root Holdings Inc., a case of first impression under Texas law, the Fifth Circuit reversed a contrary holding by a Houston district court and held that a premises owner may obtain contractual indemnity for claims that arose from asbestos exposures while the contract was in effect, notwithstanding that the contract was later terminated.
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• Mr. Faulk won a defense verdict for Alcoa in a living mesothelioma claim before a jury in Seattle, Washington state court. Plaintiff claimed that she suffered from pleural mesothelioma as a result of childhood exposures to asbestos in her grandfather's home. The grandfather was employed by Alcoa at its smelting facility in Wenatchee, Washington. After a three week trial, the jury found that Alcoa was not negligent. The trial judge thereafter rendered judgment for Alcoa. The defense judgment was later affirmed by the Washington Court of Appeals.
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• Mr. Faulk led a team that defeated a mass tort controversy filed against Alcoa in state court in Seattle, Washington by 200 employees who claimed injuries from exposure to asbestos, silica and coal tar pitch. The employees sought to evade the bar of workers compensation by claiming that their injuries resulted from Alcoa’s intentional misconduct. The cases were consolidated before a single judge in Seattle. After substantial discovery, Alcoa filed motions for summary judgment which resulted in dismissal of the plaintiffs’ claims.
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• Mr. Faulk lead a trial team that defended a mass tort controversy against Alcoa in Milam County, Texas. Several hundred plaintiffs claimed injuries allegedly caused by toxic exposures at Alcoa’s manufacturing facility. In the process of discovery, it was learned that many of the “diagnose”s made by plaintiffs’ doctors were done by a doctor who conceded he was “not practicing medicine” when he rendered his findings, and that many of the x-ray reports used to diagnose plaintiffs’ diseases were “templates” filled out before the examinations. Moreover, plaintiffs’ industrial hygiene witness was stricken in pre-trial proceedings. As a result, Mr. Faulk concluded the entire controversy favorably.
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• Mr. Faulk defeated an attempt to certify a class of 13,000 residents who sought "medical monitoring" expenses from Citgo Petroleum Corporation. He also secured defense judgments in wrongful death cases filed by the families of deceased workers against Atlantic Richfield Corporation, Lyondell Petrochemical Company, and Mobil Corporation. In each of the cases, the judgments were based upon novel legal theories and concerned matters of first impression. Two of the cases involving benzene exposures were appealed to the Houston appellate courts and the judgments were affirmed.
­
• For Chevron, Mr. Faulk handled three mandamus applications in the Fifth Circuit in the noted Kennedy Heights mass tort litigation. Chevron ultimately obtained all relief sought pursuant to those applications, including vacation of an unfairly prejudicial “bellwether” trial order, vacation of an improper sanctions order, and recusal of the district judge.
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• In another mass tort action, Mr. Faulk successfully defended The Dow Chemical Company against the claims of over 500 Colombian fishermen who sought damages for personal injuries and economic losses associated with a pesticide spill. A defense judgment was finally rendered for Dow in this complex action after proceedings in Houston federal district court, the Fifth Circuit Court of Appeals, the United States Supreme Court, and the Texas state trial and appellate courts.
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• Mr. Faulk won a series of summary judgments for Atlantic Richfield and Lyondell Chemical Company against claims made by plaintiffs who asserted their decedents’ deaths from aplastic anemia and lung cancer were caused by occupational exposure to benzene at a Houston refinery. The summary judgments held that plaintiffs’ evidence was unreliable and legally insufficient to support a finding of harmful exposure and causation, and they were subsequently affirmed on appeal.

• J.D., Southern Methodist University Dedman School of Law (1977)
  • Leading Articles Editor, Journal of Air Law and Commerce
  • Symposium Scholar
• B.M., University of North Texas (1977)
  • Composition

Publications

• Co-Author with John S. Gray, A Lawyer’s Look at the Science of Global Climate Change, 44 World Climate Change Rep. (BNA) (Mar. 10, 2009).
• Author, The Expanding Role of the Alien Torts Act in International Human Rights Enforcement, Mar. 2009. (publication pending).
• Co-Author with John S. Gray, Negligence In The Air? Should 'Alternative Liability' Theories Apply in Lead Paint Litigation?, 58 Def. L.J. 177 (Feb. 2009).
• Co-Author with John S. Gray, Presidential Candidates’ Politics Color Their Views on Climate Change, Hous. Bus. J., Sept. 8, 2008.
• Co-Author with John S. Gray, Defending Climate Change Litigation: Threshold Issues, 29:1 Andrews Envtl. Litig. Rep. (Aug. 6, 2008).
• Co-Author with John S. Gray, Are Unilateral Climate Change Policies Creating the 'Perfect Storm'?, 158 Wash. Legal Found., Aug. 2008, at 114
• Co-Author with John S. Gray & Diana P. Larson, A Sub-Prime Tort? Public Nuisance an Unfit Tool for Lending Regulation,158 Wash. Legal Found., Aug. 2008.
• Co-Author with John S. Gray, Houston Attorneys Share Views on Plan to Cut Greenhouse Gas, Hous. Bus. J., May 23-29, 2008.
• Co-Author with John S. Gray, Climate Change: Applying the Endangered Species Act to Global Climate Change, 2008:96 Daily Envtl. Rep. (BNA) (May 19, 2008).
• Author, Judges in the Hot Seat: How Does the Legal System Deal with Climate Change?, Energy Online, Spring 2008, at 37.
• Co-Author with John S. Gray, Negligence in the Air? Should 'Alternative Liability' Theories Apply in Lead Paint Litigation?, 25:1 Pace Env't L. Rev. (Winter 2008).
• Author, Climate Change and the Coming Elections, Aspatore Special Rep.: Impact Climate Change on 2008 Presidential Election (2008).
• Co-Author with John S. Gray & Diana P. Larson, A Sub-Prime Tort? Public Nuisance an Unfit Tool for Lending Regulation, 11:1 World Energy, 2008, at 1.
• Co-Author with John S. Gray, Climate Change ‘Due Diligence’ Requires Look at Energy Usage, Hous. Bus. J., Nov. 2-8, 2007, at 27.
• Co-Author with John S. Gray, Judges Impose Reality Check on Public Nuisance Litigation, 22:28 Wash. Legal Found., July 27, 2007.
• Co-Author with Robert M. Hoffman & Diana P. Larson, Effective Challenges to Unreliable Expert Opinions, Tex. Law. (Tex. Gen. Couns. F.), June 4, 21, 2007.
• Co-Author with John S. Gray, Negligence in the Air?: Should 'Alternative Liability' Theories Apply in Lead Paint Litigation? 35 Prod. Safety & Liability Rep. (BNA) (Apr. 9, 2007).
• Co-Author with John S. Gray & Diana P. Larson, Looking for Lead in All the Wrong Places: Alternative Sources of Exposure in Lead Paint Litigation, Wash. Legal Found. Critical Legal Issues, Working Paper Series No. 147, Apr. 2007; 16 Litig. Rep.: Lead 6 (Mealey's) (Apr. 2007).
• Co-Author with John S. Gray, The Mouse that Roared? Novel Public Nuisance Theory Runs Amok in Rhode Island, Wash. Legal Found., Critical Legal Issues, Working Paper Series No. 146, Mar. 2007.
• Co-Author with Cindy J. Bishop, Stacy R. Obenhaus & Jeffrey M. Gaba, Cooper v. Aviall: Aviall’s Brief to the U.S. Court of Appeals for the Fifth Circuit, 22:8 Toxics L. Rep. (BNA) 192 (Feb. 22, 2007).
• Co-Author with John S. Gray, Alchemy in the Courtroom? The Transmutation of Public Nuisance Litigation, Mich. St. L. Rev. (2007).
• Co-Author with John S. Gray, Reunion in Salem: Update the MTBE Controversy, 36 Envtl. Litig. Rep. (Envtl. L. Inst.) 10667 (Sept. 2006).
• Co-Author with Cindy J. Bishop & Celeste S. Quiralte, Cost Recovery Under CERCLA Section 107 After Cooper v. Aviall, 37:12 Envtl. Rep. (BNA) 640 (Mar. 24, 2006).
• Co-Author with Kevin L. Colbert & Diana P. Larson, Avoiding the Rush to Judgment in Asbestos Premises Liability Litigation: The Problem of ‘Maturity’, 6:6 Expert Evidence Rep. (BNA) 165 (Mar. 20, 2006).
• Co-Author, Avoiding and Exploiting ‘Analytical Gaps’ in Expert Testimony, Expert Evidence Rep. (BNA) (Feb. 6, 2006).
• Co-Author with John S. Gray, Getting the Lead Out? The Misuse of Public Nuisance Litigation by Public Authorities and Private Counsel, 21 Toxic L. Rep. (BNA) 1071-98, 1124-96 (2006) (three-part series).
• Co-Author, Beyond Daubert and Robinson: Avoiding and Exploiting ‘Analytical Gaps’ in Expert Testimony, Advoc. (St. B. Litig. Sec. Rep.) (Winter 2005).
• Author, Beyond Daubert and Robinson: Avoiding and Exploiting Analytical Gaps on Expert Testimony, Advoc. (St. B. Tex.) (Winter 2005).
• Author, There and Back Again: The Progression of Regression of Contribution Actions Under CERCLA, 18 Tul. Envtl. L.J. 323 (2005).
• Co-Author with Barry A. White, Jr. & Diana L. Panian, Avoiding the Rush to Judgment: Asbestos Premises Liability Litigation and the Problem with 'Maturity', 13:9 Emerging Toxic Torts (Mealey’s) (Aug. 2, 2004).
• Author, A Decade of Daubert: The Continuing Trend Toward Stricter Scrutiny of Expert Testimony in State Courts, Emerging Toxic Torts (Mealey’s) (Jan. 23, 2004).
• Co-Author with John S. Gray & Diana L. Panian, Successful Challenges to Plaintiffs’ Causation Evidence, 19:32 Tex. Law., Oct. 23, 2003, at 24.
• Author, Dispelling the Myths of Asbestos Litigation: Solutions for Common Law Courts, 44 S. Tex. L. Rev. 946 (Oct. 2003).
• Co-Author with John S. Gray, Twenty-Six Words that Reopened a Toxic Can of Worms: The Supreme Court and the Never-Ending Story of Agent Orange, 12:11 Emerging Toxic Torts (Mealey’s) (Sept. 5, 2003).
• Author, Business Owners Should Prepare for a New Wave of Asbestos Liability, Hous. Bus. J., May 16-23, 2003.
• Co-Author with John S. Gray, Recent Developments In Toxic Tort Law, 38:2 Tort & Ins. L.J. 691 (Winter 2003).
• Author, Asbestos Litigation in State Court: Why the System is Broken and Some Suggestions for Repair, 3:19 Class Action Litig. Rep. (BNA) 658 (Oct. 11, 2002).
• Author, Asbestos Litigation in State Court: Why the System is Broken and Some Suggestions for Repair, Prod. Safety & Liability Rep. 845 (Sept. 23, 2002).
• Co-Author with Mark Behrens, Asbestos Claims Out of Control, NCPA – Pol'y Dig. (July 18, 2002).
• Author, Legal Ethics & Clients’ Rights: Casualties of Asbestos Litigation?, 17:22 Wash. Legal Found. (May 24, 2002).
• Author, Legal Ethics and Clients’ Rights: Casualties of Asbestos Litigation, Legal Backgrounder (Wash. Legal Found.) (May 15, 2002).
• Co-Author with Cynthia J. Bishop, Disturbing Limitations on CERCLA Contribution Actions – Aviall Services, Inc. v. Cooper Industries, Inc., American Bar Association (ABA) Envtl. Crimes & Enforcement Committee Newsl. (Apr. 2002).
• Author, Asbestos Litigation Requires Policymakers’ Attention, Legal Backgrounder (Wash. Legal Found.) (Feb. 22, 2002).
• Author, The Growing Asbestos Litigation Crisis in Texas: Immediate Action is Needed, 3 Veritas, Jan. 2002, at 16.
• Author, Armageddon Through Aggregation: The Use and Abuse of Class and Group Actions in International Dispute Resolution, 10 MSU-DCL Int'l L.J. 205 (2002).
• Author, A Chill Wind Blows: California’s Supreme Court Muzzles Free Speech, Del. Corp. Litig. Rep. (Andrews Publications) 11 (2002).
• Author, Armageddon Through Aggregation?, 2:10 Class Action Litig. Rep. (BNA) (May 26, 2001).
• Co-Author with John S. Gray, MTBE Controversy: The Problem of Toxicity & Tort Litigation, 32 Envtl. Rep. (Current Dev.) (BNA) 1056 (May 2001).
• Co-Author with John S. Gray, MTBE Controversy: The Problem of Toxicity & Tort Litigation, 32 Envtl. Rep. (Current Dev.) (BNA) 1056 (May 2001).
• Co-Author with John S. Gray, The MTBE Controversy: Real Environmental Crisis or Regulatory Hysteria?, 32 Envtl. Rep. (Current Dev.) (BNA) 995 (May 2001).
• Co-Author with John S. Gray, Salem Revisited: Updating the MTBE Controversy, 2 Class Action Litig. Rep. (BNA) 217 (Mar. 23, 2001).
• Co-Author with John S. Gray, Salem Revisited: Updating the MTBE Controversy, 2 Envtl. Forensics 29 (Mar. 2001).
• Co-Author with John S. Gray, Salem Revisited: Updating the MTBE Controversy, 2 Class Action Litig. Rep. (BNA) 125 (Feb. 23, 2001).
• Author, The International Class Action: A Commentary on the Geneva Group Action Debates, 1:9 Class Action Rep. (BNA) 325 (Aug. 25, 2000).
• Co-Author with John S. Gray, MTBE: Can The Controversy Be Contained? An Evaluation of the Emerging Underground Storage Tank Litigation, 14:21 Toxic L. Rep. (BNA) 603 (Oct. 27, 1999); 30 Envtl. Rep. (Current Dev.)(BNA) 1201 (Oct. 1999).
• Co-Author with John S. Gray, MTBE: Can the Controversy Be Contained?, 23 Chem. Reg. Rep. (BNA) 1219 (Oct. 1999).
• Author, MTBE: The Relevance of Animal Studies to Establish Causation in Humans, 9 Kan. J.L. & Pub. Pol'y 172 (1999).
• Author, Limitations on the Duty to Warn Under the Restatement (Third) of Torts, 8 Kan. J.L. & Pub. Pol'y 92 (1998).
• Author, Building a Better Mousetrap: A New Approach to Trying Mass Tort Cases, 29 Tex. Tech L. Rev. 779 (1998).
• Author, Meeting the Challenge of High Profile Trials: Handling Adverse Rulings, 13 Toxic L. Rep. (BNA) 163 (1998).
• Author, Choosing Between Shades of Gray: Selecting a Trial Plan for a Mass Tort Controversy, Advanced Personal Injury Course, St. B. of Tex. (1998)(course proceedings).
• Author, Damages Without Injury? Speculating in Stigma Damages, 2 ALI-ABA Envtl. Litig. Conf. 903 (1998).
• Co-Author with John S. Gray, Truth or Consequences? Meeting the 1998 RCRA Underground Storage Tank Deadlines, 7 Emerging Toxic Torts (Mealey’s) 26 (Aug. 24, 1998).
• Author, Reforming an Abusive System: Curtailing Class Certification in Toxic Tort and Environmental Litigation, 11 Toxics L. Rep. (BNA) 241 (1997).
• Co-Author with Kevin L. Colbert, Reforming an Abusive System: Curtailing Class Certification in Toxic Tort and Environmental Litigation, 11:8 Toxics L. Rep. (BNA) (July 24, 1996).
• Author, Determining Trial Type in Complex Toxic Tort and Environmental Cases, 10:50 Toxics L. Rep. (BNA) 1483 (May 22, 1996).
• Author, Knowing Just Enough to be Dangerous: A Primer for Complex Toxic Tort and Environmental Cases, 10:49 Toxics L. Rep. (BNA) 1447 (May 15, 1996).
• Author, The Unanswered Questions of Christophersen v. Allied Signal Corp., 4 Vill. Envtl. L.J. 21 (1992).
• Author, Paoli and Christophersen, A Comparative Analysis, 6 Toxics L. Rep. (BNA) 1173 (1992).
• Author, Epidemiology in the Courtroom: A Problem of Statistical Significance, 59 Def. Couns. J. 25 (1992).
• Author, Strategic and Scientific Considerations in Toxic Tort Defense, 35 Def L.J. 405 (1986).
• Author, Products Liability and the Chemical Manufacturer: Limitations in the Duty to Warn, 38 Okla. L. Rev. 233 (1985).
• Author, Absolute Liability: Historical Perspectives and Political Alternatives, 37 Okla. L. Rev. 569 (1984).

Amicus Curiae Briefings

• Brief of the Coalition for Public Nuisance Fairness and Property Casualty Insurers Association of America as Amici Curiae Supporting Appellants, State of Rhode Island, by and through Patrick Lynch, Attorney General v. Lead Industries Association, Inc., et al., No. 07-121-A (R.I.).
• Brief of The American Chemistry Council in County of Santa Clara, et al. v. Superior Court of the State of California, County of Santa Clara, No. H031540 (Cal. Ct. App., 6th Dis., 2007).
• Brief of The American Chemistry Council in In re Garlock Sealing Technologies LLC and Georgia-Pacific Corporation, No. 06-0881 (Tex., 2007).
• Brief of The American Chemistry Council in City of St. Louis v. Benjamin Moore & Company, No. SC88230 (Mo., 2007).
• Brief of The American Chemistry Council as Amici Curiae Supporting Relators' Brief on the Merits, (Tex. Apr. 4, 2007), 2007 WL 1034104,  In re Garlock Sealing Technologies LLC, No. 06-881 (Tex. filed Oct. 9, 2006) (Tex.), 2007 WL 1306333.
• Brief of Aviall Services, Inc. in United States v. Atlantic Research Corp., No. 06-562 (U.S., 2006).
• Brief of The American Chemistry Council in Exxon Mobil Corp. v. Altimore, No. 14-04-01133-CV (14th Cir., Hous., Tex., 2006).
• Brief of The American Chemistry Council in Burlington Northern and Santa Fe Rwy. Co. v. City of Houston, No. 14-03-01311-CV (14th Cir,, Hous., Tex., 2004).
• Brief of The American Chemistry Council in Gray v. Badger Mining Corp., No. C4-02-2052 (Minn., 2004).
• Brief of The American Chemistry Council in Bates v. Dow AgroSciences, No. 03-338 (U.S., 2004).
• Brief of The American Chemistry Council in Humble Sand & Gravel, Inc. v. Gomez, No. 01-0652 (Tex., 2002).
• Brief of The American Chemistry Council in Mobil Corporation v. Adkins, No. 02-132 (U.S., 2004).

Speeches

• Speaker, Address at RTM Communications, Inc. Sustainable Property Transactions – Deal Making & Developments of Contaminated Sites Conference: The Legal Environment of Global Climate Change Risk, San Francisco, CA (Nov. 13, 2008).
• Speaker, Address at the American Bar Association (ABA) Annual Meeting: Public Nuisance, New York, NY (Aug. 10, 2008).
• Speaker, Address at the American Tort Reform Association Annual Meeting: Developments in Public Nuisance Litigation, Austin, TX (Nov. 13, 2007).
• Speaker, Address at the AEI-Brookings Joint Center for Regulatory Studies Judicial Education Institute: The Government Standards Defense in Product Liability Litigation, Chicago, IL (Nov. 12, 2007).
• Speaker, Address at the RTM Communications, Inc. Conference on Contaminated Property Transactions, Promoting Sustainable Deals and Redevelopments: The Business Impact of Recent U.S. Supreme Court Environmental Decisions, San Francisco, CA (Nov. 7, 2007).
• Speaker, Address at the American Conference Institute Chemical Products Liability Conference: Recent Environmental Decisions of the U.S. Supreme Court, Chicago, IL (Nov. 5, 2007).
• Co-Speaker with John S. Gray, Address at the HBA Environmental Law Institute: Stormy Weather Ahead? The Legal Environment of Global Climate Change (Sept. 28, 2007).
• Speaker, Address at the Judicial Symposium on Scientific Evidence, Courtroom for the AEI-Brookings Joint Center for Regulatory Studies Judicial Education Institute, Washington, DC (June 20-21, 2007).
• Speaker, Address on Andrews Publications’ Audio Conference: Alchemy in the Courtroom? The Use and Abuse of Public Nuisance Litigation to Redress Environmental Concerns (May 23, 2007).
• Speaker, Address to the Annual GlobalChem Conference, American Chemistry Council: Avoiding Liability in Chemical Litigation Through Product Stewardship, Baltimore, MD (Apr. 2007).
• Speaker, Address at Wahington Legal Foundation Press Conference and Webcast: Public Nuisance Litigation for Private Gain? The Abuse of an Ancient Principle (Mar. 21, 2007).
• Speaker, Address on The Bureau of National Affairs, Inc. (BNA) Audio Conference: Panacea or Placebo? Using Public Nuisance Principles to Redress Environmental Harms (Feb. 27, 2007).
• Speaker, Core Issues Impacting the Chemical Industry: A Legislative Update (Nov. 2006).
• Speaker, Address at the Chemical Products Liability Litigation Conference: Preventing & Defending Chemical Claims on an International Scale (Oct. 2006).
• Speaker, Address at the Environmental Law Institute: Are There Synergistic Effects Between Toxic Tort Suits and Environmental Regulations? Washington, DC (May 2006).
• Speaker, Address at the Mealey’s Welding Rod Litigation Conference: Medical Monitoring Class Actions – Are They Proper in Welding Rod Litigations? Chicago, IL (Apr. 9, 2006).
• Speaker, Address at Gardere’s Chemical Industry Conference: The Impact of Chemicals on Our World (Mar. 30, 2006).
• Speaker, Address at the National Academy of Sciences’ Panel on Science, Technology and Law (STL) (Mar. 20, 2004).
• Speaker, Business Law Brief on Environmental Cleanup, KTRH 740AM (Dec. 16, 2002).
• Speaker, Address at Washington Legal Foundation Press Conference: Can Judges and Lawmakers Rein in Runaway Asbestos Litigation? (July 30, 2002).
• Speaker, Address at the ABA Environmental Litigation Conference (at the American Law Institute): Multi-Jurisdictional Practice – Challenging Unreliable Evidence, Boulder, CO (July 1, 2002).
• Speaker, Address at the ABA Environmental Litigation Conference (at the American Law Institute): Property Damages in Environmental Litigation - The Problem with “Stigma” Damages, Boulder, CO (July 1, 2002).
• Speaker, Address at the ABA Environmental Litigation Conference (at the American Law Institute): Tort Actions and Statutory Claims - Chemistry of Alchemy, Boulder, CO (July 1, 2002).
• Speaker, Address to the Global Corporate Counsel Association: Defending Global Enterprises in International Class Action Litigation, Berlin, Germany (June 2001).
• Speaker, Address at the 8th Annual International Consumer Law Conference: Armageddon Through Aggregation? The Use and Abuse of Class Actions in International Dispute Resolution, Auckland, New Zealand (Apr. 2001).
• Co-Speaker with Robert E. Meadows, Address to the Chemical Manufacturers Association: A Tell of Three Writs - The Mandamus Opinions and Orders from the Kennedy Heights Litigation, Chicago, IL (Sept. 27, 1997).

Presentations

• Co-Presenter with John S. Gray, Address at the HBA Environmental Law Institute: Stormy Weather Ahead? The Legal Environment of Global Climate Change (Sept. 28, 2007) (co-authored paper with John S. Gray for program proceedings).
• Presenter, Address on Andrews Publications’ Webcast: Alchemy in the Courtroom? The Transmutation of Public Nuisance Litigation (May 23, 2007) (co-authored paper for webcast).
• Co-Presenter with John S. Gray, Address at Mealey's Underground Storage Tank Litigation Conference, Oklahoma Bar Association Environmental Law Section Conference: Crisis? What Crisis? Containing the MTBE Controversy an Evaluation and Update of the Emerging Underground Storage Tank Litigation (May 11-12, 2000) (co-authored paper with John S. Gray for conference proceedings).
• Presenter, Address at Gardere Conference: Stopping the Speeding Locomotive - Perspectives on Toxic Tort and Environmental Litigation (2000) (authored paper for conference proceedings).
• Presenter, Address at the Defense Research Institute: The Use of Joint Defense Procedures in Toxic Tort and Environmental Litigation (1992) (authored paper for program proceedings).

Other Engagements

• Quoted, Hot under the collar: Challenging the EPA, Hous. Bus. J., Feb. 17, 2010.
• Panelist, Texas Lawyer Magazine Roundtable Series – Alternative Energy & Environmental Law: Has the Light bulb Come on Yet? Think Green, Houston, TX (May 25, 2009) (remarks reprinted in 25:8 Tex. Law., at 1)
.
• Panelist, Technical Roundtable at the American Bar Association Section of Environment, Energy, and Resources 38th Annual Conference on Environmental Law: EPA’s ANPR on Regulating Carbon Dioxide – What Your Clients Need to Know, Keystone, CO (Mar. 12, 2009).
• Panelist, Sustainable Technologies Issue Forum: Legal and Legislative Strategies for Carbon Cap and Trade, Dallas, TX (Aug. 26, 2008).
• Panelist, Texas Lawyer Magazine Roundtable Series: Energy/Environment: It's Not Easy Being Green, Houston, TX (June 30, 2008) (remarks reprinted in 24:13 Tex. Law., at 1).
• Panelist, The Bureau of National Affairs, Inc. (BNA) Audio Conference Panel Discussion: The Supreme Court Case Roundup – Insights and Perspectives on the Environment (June 27, 2007).
• Panelist, Mealey’s Asbestos Medicine Conference: Practical Application of Asbestos Medicine Principles in Your Cases, Chicago, IL (Apr. 10, 2006).
• Participant, Andrew’s Publications Audio Conference: Daubert Issues and Toxic Tort Suits (Apr. 4, 2002).
• Frequent Lecturer, Seminars of Various Organizations.
• Adjunct Professor and Lecturer, Numerous Colleges and Universities.

• Admitted to practice before:
  • Texas State Courts
  • U.S. District Court for the Northern, Southern, and Eastern Districts of Texas
  • U.S. Court of Appeals for the Fifth and Ninth Circuits
  • U.S. Supreme Court
• Member, State Bar of Texas
• Board Certified, Civil Appellate Law, Texas Board of Legal Specialization
• Member, American Bar Association
  • Litigation Section
    • Member, Mass Torts Litigation Committee
      • Co-Chair, International Mass Torts Subcommittee
• Member, Houston Bar Association
• Member, Texas Association of Civil Trial and Appellate Specialists
• Member, Advisory Board, The Class Action Report, Bureau of National Affairs (BNA)
• Member, Advisory Board, The Expert Evidence Report, The Bureau of National Affairs (BNA)

• Recognized, The Best Lawyers in America (Steven Naifeh & Gregory White Smith eds., Woodward/White, Inc.) (2008 – 2011)
  • Environmental Law
• Recognized, Chambers USA: America’s Leading Lawyers for Business (Tom Wicker ed., Chambers & Partners) (2004 – 2010)
  • Environment [Texas]
• Recognized, Texas Super Lawyer, Law & Politics Media Inc. as published in Texas Monthly Magazine (2003, 2004, 2009)
  • Class Action/Mass Torts
  • Civil Litigation Defense
  • Environmental
• Recognized, Houston’s Top Lawyers, H Texas Magazine (2006)
• Recognized, AV Preeminent Rating (5.0 out of 5), Martindale-Hubbell Attorney Directory
• Recipient, Martha Turner Award of Distinction, Outstanding Gulf Coast Alumnus, University of North Texas (2007)
• Recipient, Burton Award for Legal Achievement in Recognition of Exceptional Legal Writing (2003)

• Chair, American Diabetes Association, Houston Region
• Member, Greater Houston Partnership
  • Member, Environmental Committee
• Member, First Presbyterian Church, Houston