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

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 U.S. Chamber of Commerce, in media events at the Washington Legal Foundation, and 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 over 35 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 2003, 2009, and 2012 Distinguished Legal Writing Awards presented by The Burton Awards for Legal Achievement. 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 Co.
• Atlantic Richfield Co.
• Aviall Services Inc.
• Crown Central Petroleum Corp.
• Equistar Chemicals L.P.
• Exxon Mobil Corp.
• LyondellBasell Industries
• Lyondell Chemical Co.
• Millennium Petrochemicals
• Occidental Chemical
• Texas Instruments
• The American Chemistry Council
• The American Coatings Association
• The Texas Chemical Council
• The National Association of Manufacturers
• Wyatt Industries Inc.

Representative Trial Court Cases

• Member of trial and appellate team representing major title companies in breach of title insurance policy action filed by Mexican resort property owners and mortgage lenders in Houston state district court. Plaintiffs sought over $50 million in damages under Mexican law. After 10-week trial, jury returned verdict finding no liability and damages. An appeal is pending.
• Led a trial team that worked as Special Counsel in a Chapter 11 bankruptcy proceeding for one of the world’s largest chemical companies in the Southern District of New York. Worked with bankruptcy counsel to challenge thousands of toxic tort claims made against the debtor by demonstrating comprehensive failure to allege adequate factual basis for claims and authority of counsel to pursue them. All claims against which these defenses were raised were ultimately dismissed.
• Led a trial team as lead defense counsel that successfully defended vapor intrusion litigation filed against a major electronics manufacturer in Dallas 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.
• Led a trial team as lead plaintiffs’ counsel that pursued claims against a former premises owner under CERCLA, Texas environmental statutes, and asset sale agreement to recover contribution and damages for cleaning up several contaminated properties at and near Dallas Love Field and Carter Field in Fort Worth. Obtained complete liability findings against former owner in Dallas federal court. Successful settlement subsequently obtained via mediation.
• Defeated a mass tort controversy as lead defense counsel filed against Alcoa in state court in Seattle, Wash. 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.
• ­Won a defense verdict as lead defense counsel for Alcoa in a living mesothelioma claim before a jury in Seattle, Wash. state court. Alcoa was the sole defendant at trial. Plaintiff claimed that she suffered from pleural mesothelioma as a result of childhood exposure to asbestos in her grandfather's home. The grandfather was employed by Alcoa at its smelting facility in Wenatchee, Wash. 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.
• Led a trial team that defended a mass tort controversy 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 “diagnoses” 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, the entire controversy was settled favorably.
• Led trial teams that successfully defended a series of toxic tort claims against Mobil Corp., Atlantic Richfield Corp., and Lyondell Chemical Co. in Beaumont (malignant melanoma) and Houston, Texas (aplastic anemia, lung cancer), as well as in Detroit, Mich. (multiple myeloma)—all of which resulted in summary judgments on the basis of lack of causation under applicable scientific evidence rules. The two Houston cases were affirmed on appeal.
• Led trial team that defeated class certification of a putative medical monitoring class action involving over 13,000 putative class members in Corpus Christi, Texas state court in claims against local refiners for alleged groundwater and air pollution by benzene and chromium.

Representative Appellate Cases

• Mr. Faulk briefed and presented oral arguments before the en banc 5th U.S. Circuit Court of Appeals and the U.S. Supreme Court in Aviall Services, Inc. v. Cooper Industries, 312 F.3d 677 (5th Cir. 2002), rev’d and remanded, Cooper Industries v. Aviall Services, Inc., 543 U.S. 157, 125 S.Ct. 577, 160 L.Ed.2d 548 (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 5th U.S. Circuit Court of Appeals. The 5th 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 and Texas state law claims raised by Aviall. Mr. Faulk later won a summary judgment on liability that led to a successful mediated settlement.­
• Schott Glas v. Adame, 178 S.W.3d 307 (Tex. App. – Houston [14th Dist.] 2005, pet. denied) Represented German manufacturer in class action litigation filed by Persian Gulf War veterans. Secured dismissal of claims for lack of personal jurisdiction and affirmance of dismissal order on appeal.
• Frias v. Atlantic Richfield Company, 104 S.W.3d 925 (Tex. App. – Houston [14th Dist.], May 15, 2003) Secured affirmance of summary judgment finding plaintiffs' expert evidence legally insufficient in case alleging death from aplastic anemia caused by occupational exposure to benzene. Served as lead counsel in trial and appellate courts.
• Daniels v. Atlantic Richfield Company, 99 S.W.3d 722 (Tex. App.– Houston [1st Dist.] 2003) Secured affirmance of summary judgment holding plaintiffs' expert opinions legally insufficient in case alleging death from lung cancer caused by occupational exposure to benzene. Served as lead counsel in trial and appellate courts.
• In re Chevron U.S.A., Inc., 103 F.3d 1016 (5th Cir.1997) Writ of mandamus vacating unfairly constructed mass tort trial plan.
• In re Chevron, U.S.A., Inc., 121 F.3d 163 (5th Cir.1997) Writ of mandamus seeking judicial disqualification for racial bias. District judge entered order of recusal after 5th Circuit decision.
• Ahumada v. The Dow Chemical Company, 992 S.W.2d 555 (Tex. App. [14th Dist.] 1999, pet. denied) Affirming summary judgment for U.S. parent company against mass tort claims of Colombian fishermen on basis of affirmative defenses under Colombian law. Served as lead counsel in trial and appellate courts.
• Anpac v. Dow Quimica de Colombia, S.A., 988 F.2d 559 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994) Affirming dismissal of mass tort pesticide pollution action by Colombian fishermen for lack of personal jurisdiction over U.S. parent’s Colombian subsidiary. Served as lead counsel in all trial and appellate courts.
• Duane v. Oklahoma Gas & Electric Co., 833 P.2d 284 (Okla. 1992) Affirming judgment that oil company owed no duty to warn or instruct plaintiffs’ employer, which was a sophisticated user of the insulation oils used in a switch that exploded and injured plaintiff. Served as lead counsel in trial and appellate courts.

Representative Appellate Cases as Amicus Curiae 

• Connecticut v. American Electric Power, et. al. (U.S. Supreme Court 2011) Represent amici curiae National Association of Manufacturers, American Chemistry Council, American Coatings Association, National Petrochemical Refiners Association, Property Casualty Insurance Association, and Coalition for Public Nuisance Fairness in support of petition for certiorari by defendants and in merits amicus brief on justiciability of climate change tort litigation.
• Atlantic Richfield Company v. County of Santa Clara, et. al. (U.S. Supreme Court 2011) Represent amici curiae National Association of Manufacturers, American Chemistry Council, American Coatings Association, National Petrochemical Refiners Association, Property Casualty Insurance Association, and Coalition for Public Nuisance Fairness in support of petition for certiorari by defendants in challenge to California Supreme Court decision allowing public authorities to use contingent fee counsel to prosecute public nuisance cases.
• Native Village of Kivalina v. ExxonMobil, et. al. (9th Cir. 2010) Represent amici curiae American Chemistry Council, American Coatings Association, American Petroleum Institute, Property and Casualty Insurance Association of America, and Coalition for Public Nuisance Fairness on issue of application of public nuisance liability to climate change claims, including standing and political question concerns.
• Comer v. Murphy Oil Co., 607 F.3d 1049 (5th Cir. 2010) Represented amici curiae American Chemistry Council, Texas Chemical Council, American Coatings Association, National Petrochemical Refiners Association, Property Casualty Insurance Association of America, and Coalition for Public Nuisance Fairness on en banc rehearing re application of public nuisance liability to climate change claims.
• State of Rhode Island v. Lead Industries Assn., et. al., 951 A.2d 428 (R.I. 2008) Represented amicus curiae The Coalition for Public Nuisance Fairness and Property and Casualty Insurance Association of America on issue of expansion of public nuisance liability. Potential $2.5 billion liability reversed and rendered with articles authored by Faulk cited four times in the Court’s decision.
• County of Santa Clara v. Superior Court of California, S 163681 (Supreme Court of California 2009) and No. H031540 (Cal. App. [6th Dist.] 2008) Represent amici curiae American Chemistry Council, National Association of Manufacturers, Coalition for Public Nuisance Fairness, and Property and Casualty Insurance Association of America on issue of legality of County’s retention of private contingent fee counsel to prosecute public nuisance litigation.
• City of St. Louis v. Benjamin Moore & Co., et. al., No. SC88230 (Supreme Court of Missouri 2007) Represented amicus curiae American Chemistry Council on issue of viability of “market share liability” in public nuisance cases.
• In re Garlock Sealing Technologies LLC, No. 06-0881 (Texas Supreme Court 2007) Represented amicus curiae American Chemistry Counsel in support of mandamus petition regarding application of Texas evidentiary standards regarding scientific evidence to causation in asbestos litigation.
• Exxon Mobil Corp. v. Altimore, No. 14-04-01133-CV (Tex. App. – Houston [14th Dist.], Argued March 2006, decision pending) Represented amicus curiae The American Chemistry Council on issue of expansion of duties owed by premises owners in asbestos litigation.
• Dennis Bates v. Dow Agrosciences LLC, 544 U.S. 431, 125 S.Ct. 1788, 161 L.Ed.2d 687 (2005) Represented amicus curiae The American Chemistry Council on issue of scope of federal preemption under FIFRA. Amicus brief cited in Court’s opinion.
• Burlington N. & Santa Fe Ry. Co. v. City of Houston, 171 S.W.3d 240, 245 (Tex. App. – Houston [14th Dist.] 2005, no pet.) Represented amicus curiae The American Chemistry Counsel on appeal of condemnation and other property concerns regarding rail lines serving local industries.
• Gray v. Badger Mining Co., 676 N.W.2d 268 (Minnesota Supreme Court 2004) Represented amicus curiae The American Chemistry Counsel regarding applicability of “sophisticated user” defense to product liability cases.

• 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 (1974)
  • Composition

Representative Publications - Complete collection of publications available here.

• Co-Author with John S. Gray, Climate Change Regulation and Litigation: A 'Lost Decade' of Controversy and Confrontation, 33:9 Envtl. (Westlaw Journal) (Nov. 21, 2012).
• Author, D.C. Circuit Says EPA's 'Transport Rule' Violates Clean Air Act, 33:5 Envtl. (Westlaw Journal) (Sept. 26, 2012).
• Co-Author with John S. Gray, Texas State Court Judge Recognizes Potential Application of "Public Trust" Doctrine to Redress Climate Change, Int'l Ass'n of Defense Couns. Newsl. (Aug. 2012).
• Author, Stepping Away from the Abyss? Will the Supreme Court Preclude Extraterritorial Application of the Alien Tort Statute?, 30:7 Toxic Torts (Westlaw Journal) (May 16, 2012).
• Author, Writing Appellate Briefs, Appellate Practice in Federal and State Courts 10-1 (David Axelrad, ed., 2012).
• Co-Author with John S. Gray, Public Nuisance at the Crossroads: Policing the Intersection Between Statutory Primacy and Common Law, 15:495 Chap. L. Rev. (2012) (Winner, 2012 Distinguished Legal Writing Award).
• Co-Author with John S. Gray, The Marcellus Shale: Regulation, Litigation, and Legislation, Int'l Ass'n of Defense Couns. Newsl. (Oct. 2011).
• Co-Author with John S. Gray, Defendants Win "Round One" of Climate Change Fight in United States Supreme Court, Envtl. (Westlaw Journal) (Aug. 17, 2011).
• Author, Uncommon Law: Ruminations on Public Nuisance, 19 Mo. Envtl. L. & Pol'y Rev. 1 (2011), initially published, Toxics L. Rep. 411 (April 29, 2010), originally presented at Northwestern University Judicial Education Symposium (April 27, 2010).
• Co-Author with John S. Gray, A Political Question, Envtl. F. 30 (March 2011).
• Co-Author with John S. Gray, Circuit Courts Help Define the Boundaries of Public Nuisance, 31:4 Envtl. (Westlaw Journal) (Sept. 15, 2010).
• Co-Author with John S. Gray, Practical Introduction to Environmental Law and Regulatory Compliance in Texas, State Bar of Texas Corp. Couns. Inst. (July 22, 2010).
• Author, Crude Defenses? Liability Limits for Offshore Drilling Accidents and Oil Spills, 25:575 Toxics L. Rep. (June 10, 2010).
• Author, Stretching the Boom? Limiting Liability for Offshore Disasters, 30:22 Envtl. (Westlaw Journal) (May 26, 2010).
• Author, Hannibal Eclipsed? Envelopment by Public Nuisance, 30:19 Envtl. (Westlaw Journal) (April 14, 2010).
• Co-Author with John S. Gray, Premature Burial? The Resuscitation of Public Nuisance Litigation, 24:1231 Toxic L. Rep. (Oct. 22, 2009).
• Co-Author with John S. Gray, A Lawyer’s Look at the Science of Global Climate Change, 44 World Climate Change Rep. (BNA) (March 10, 2009), also published in Envtl. Rep. (BNA) (March 12, 2009).
• Author, The Expanding Role of the Alien Torts Act in International Human Rights Enforcement, State Bar of Texas, Int'l Law Inst. (March 5, 2009), also published in 10 TXLR 294, Class Action Litig. Rep. (BNA) (March 27, 2009).
• Co-Author with John S. Gray, 'Negligence in the Air?' Should 'Alternative Liability' Theories Apply in Lead Paint Litigation?, 25 Pace Envtl. L. Rev. 101 (2008).
• Co-Author with John S. Gray, Alchemy in the Courtroom? The Transmutation of Public Nuisance Litigation, 2007 Mich. St. L. Rev. 941 (2008) (Winner, 2009 Distinguished Legal Writing Award).
• Co-Author with John S. Gray, Stormy Weather Ahead? The Legal Environment of Global Climate Change (pre-publication copy).
• Co-Author with Cynthia J. Bishop, There and Back Again: The Progression and Regression of Contribution Actions Under CERCLA, 18 Tul. Envtl. L.J. 323 (2005).
• Author, Armageddon Through Aggregation: The Use and Abuse of Class and Group Actions in International Dispute Resolution, 10 Mich. J. Int'l L. 205 (2002) (Winner, 2003 Distinguished Legal Writing Award).
• Co-Author with Robert E. Meadows and Kevin L. Colvert, Building a Better Mousetrap? A New Approach to Trying Mass Tort Cases, 29 Tex. Tech L. Rev. 779 (1998), original version published at 11 Toxics L. Rep. 1352 (1997).

Representative Speeches

• Co-Speaker with Juan M. Alcala, Address at Environmental Law Section Meeting, Houston Bar Association: Developments in Deep Water Horizon Litigation - Class Action Filed in Mexico Against BP, Houston, Texas (Jan. 9, 2013).
• Keynote Luncheon Speaker, Address at Judicial Symposium on Scientific Evidence, George Mason University Law and Economics Center: Avoiding and Exploiting Analytical Gaps in Scientific Evidence, Arlington, Va. (April 23, 2012).
• Speaker and Moderator, Address at Judicial Symposium on Scientific Evidence, George Mason University Law and Economics Center: Expert Evidence Issues in Hydraulic Fracturing Litigation, Arlington, Va. (April 23, 2012).
• Speaker and Moderator, Address at Judicial Symposium on Scientific Evidence, George Mason University Law and Economics Center: Expert Evidence Issues in Bisphenol-A Litigation, Arlington, Va. (April 23, 2012).
• Speaker and Advocate, Address at Mock U.S. Supreme Court Argument, George Mason University School of Law: Climate Change Liability, Arlington, Va. (April 10, 2012).
• Speaker, Address at Annual Institute of the International Section of the State Bar of Texas: Stepping Back from the Abyss? Will the U.S. Supreme Court Permit Extraterritorial Liability Under the Alien Tort Statute? (March 30, 2012).
• Speaker and Advocate, Address at Mock U.S. Supreme Court Argument, Institute for Energy and the Environment, University of Houston: Climate Change Liability, Houston, Texas (Jan. 19, 2012) (video available here).
• Speaker, Address at Gas Drilling Operations Conference, HB Litigation Conferences: Examining a Hydraulic Fracturing Case or Injury, Dallas, Texas (Dec. 13, 2011).
• Speaker, Address at 5th Annual Judicial Education Symposium on Civil Justice, George Mason University School of Law: Climate Change Litigation, Arlington, Va. (Dec. 5, 2011).
• Speaker, Webinar for American Lawyer Media: Appellate Practice Essentials (Nov. 15, 2011).
• Speaker and Advocate, Address at Mock U.S. Supreme Court Argument, International Association of Defense Counsel Annual Meeting: Public Nuisance at the Crossroads, Whistler, British Columbia (July 12, 2011).
• Speaker, Address at Sustainable Property Transactions: Deal Making & Redevelopments of Contaminated Sites, RTM Communications Conference: Sustainable Development and Climate Change in Troubled Times, San Francisco, Calif. (May 19, 2011).
• Speaker, Address at Environmental Section, Houston Bar Association: Recent Developments in Public Nuisance Litigation: Climate Change Cases in the U.S. Supreme Court, Houston, Texas (March 2011).
• Speaker, Address at Hastings College of Law Symposium, University of California: A Public Nuisance? Tort Law's Response to Global Warming, San Francisco, Calif. (Feb. 28, 2011).
• Speaker, Address at International Law Institute, State Bar of Texas: The Impact of Foreign Privacy Laws on Domestic Discovery Against Multi-national Enterprises (Feb. 2011).
• Speaker, Address at Civil Justice Institute, George Mason University School of Law: Climate Change Liability, Fairfax, Va. (Dec. 7, 2010).
• Speaker, Address at Casualty Actuarial Society Annual Meeting: Climate Change: Risk and Liability Evaluation, Washington, D.C. (Nov. 8, 2010).
• Speaker, Address at Texas Utility Lawyers Association: Green Litigation, Jackson Hole, Wyo. (Sept. 30, 2010).

• Admitted to practice before:
  • Texas State Courts
  • District of Columbia Courts
  • U.S. District Court for the Northern, Southern and Eastern Districts of Texas
  • U.S. Court of Appeals for the 5th and 9th Circuits
  • U.S. Supreme Court
• Member, State Bar of Texas
• Member, The District of Columbia Bar
• Board Certified, Civil Appellate Law, Texas Board of Legal Specialization
• Member, American Law Institute
• Member, Board of Overseers, Searle Civil Justice Institute, George Mason University School of Law
• Member, International Association of Defense Counsel
• Member, American Bar Association
• Member, Houston Bar Association
• Member, Texas Association of Civil Trial and Appellate Specialists
• Member, Advisory Board, The Class Action Litigation Report, The 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.) (2012, 2013)
  • Litigation - Environmental
• 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) (2004-2012)
  • Environment [Texas]
• Recognized, Texas Super Lawyers, Law & Politics Media Inc. as published in Texas Monthly (2003, 2004, 2009-2012)
  • Environmental
• Recognized, Top 100 Lawyers in Houston, Law & Politics Media Inc. as published in Texas Monthly (2011)
• Recognized, Houston’s Top Lawyers, H Texas Magazine (2006)
• Recognized, AV^® Preeminent^™ 5.0 out of 5 Peer Review Rated, Martindale-Hubbell^® PEER REVIEW RATINGS^™
• 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, 2009, 2012)

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