Environmental
Gardner’s administrative and environmental law team of attorneys have successfully represented numerous clients from the agency and administrative hearing level, through the state and federal district courts and courts of appeals, to the United States Supreme Court.
In the field of environmental law, Gardner’s caseload includes all of the traditional environmental statutes, including the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response Compensation and Liability Act (CERCLA, or the “Superfund” law), the Endangered Species Act (ESA), and the National Environmental Policy Act (NEPA), as well as matters under the Texas Health & Safety Code, Texas Natural Resources Code, and Texas Water Code and the related state agency administrative rules in the Texas Administrative Code.
Gardner’s administrative law practice includes state taxation and occupational safety and health, including matters under before the Occupational Health and Safety Agency (OSHA), the Mine Safety and Health Administration (MSHA) and the U.S. Department of Labor. Since 2008, Gardner’s efforts on behalf of its clients have resulted in multiple citations and assesment being vacated after hearing by Administrative Law Judges and on several occasions vacated by the agencies themselves, without the need for any hearing.
State and Federal Administrative and Civil Enforcement Proceedings
- Resolving Notices of Violation and Penalty Assessments informally
- Contesting Notices of Violation and Penalty Assessments formally via
- Contested Case Hearing or Hearing before an Administrative law Judge
- Appeal to a Commission or Agency Board and / or
- Filing or Defending an Action in State or Federal Court
- Negotiating Consent Decrees, Settlements, and Voluntary Cleanup Agreements
Litigation and Administrative Proceedings against the Government Brought by Third Parties, Citizens, Industries, and Affected Landowners
- Participation in Agency Rulemaking and Permitting Proceedings
- Petitions to Agencies
- Challenges to Agency Inaction
- Challenges to Permit Issuance or Adverse Permit Conditions
- Challenges to the Approval of Local, State, or Federal plans
- Challenges to Local, State, or Federal Administrative rules or regulations
- Challenges to State or Federal statutes on Constitutional grounds
- Claims against Governmental Entities for Money Damages
- Takings Claims and Eminent Domain proceedings
Litigation and Administrative Proceedings Involving Private Parties
- Injunctions
- Third Party Challenges to Permit Compliance (Citizen Suits)
- Money Damages Claims
- For Nuisance, Negligence and Surface and Subsurface Trespass to Land
- For Contribution or Proportionate Responsibility among Multiple Parties
Special Topics
- Rules and Practices unique to the Edwards Aquifer Region
- Water Resource Development and Wastewater
- Internal Compliance Audits and Pollution Prevention
- Federal Freedom of Information Act (FOIA) and Texas Open Records Act
