Counsel, Austin and Houston

Practice Description

Becky L. Jolin focuses her practice on environmental issues affecting industry, with special emphasis on permitting, compliance, rule-making, land use, liability management, and administrative, civil, and criminal enforcement regarding air emissions, water discharges, solid and hazardous waste management, and PCBs, radioactive materials, and other toxic and hazardous substances. She represents clients before federal, state, and local agencies, and also defends clients in state and federal administrative, civil, and criminal enforcement actions.

Ms. Jolin represents clients in various industrial sectors, including steel, oil and gas, chemical, semiconductor, pharmaceutical, cement, and lime manufacturing. In addition, she has represented clients in Endangered Species Act permitting matters related to two endangered birds, the Golden-Cheeked Warbler" and the "Black-Capped Viero," and in matters related to endangered cave invertebrates.

Ms. Jolin also has extensive experience in managing environmental risks through designing and conducting environmental, health, and safety diligence and environmental audits; preparing environmental disclosures; and drafting environmental liability provisions for business transactions.

Representations

• Defended a major manufacturing facility in a citizens' suit under the Clean Air Act

• Represented chemical manufacturer in judicial action asserting that letter issued by EPA's TSCA program was a rule that was promulgated in violation of the notice and comment provisions of the Administrative Procedure Act

• Defended major oil company in action by USEPA asserting multiple oil and gas production facilities were a single major source subject to the Title V and New Source Review permit requirements of the Clean Air Act, prevailing on grounds the facilities were not contiguous and the agency's definition of potential to emit was void

• Defended an industrial plant in a contested air enforcement proceeding before SOAH; achieved a de minimis settlement in the discovery phase

• Designed and managed the environmental due diligence for the acquisition of two petroleum refineries by a foreign investor

• Designed and implemented the environmental due diligence of all aspects of operations of a natural gas company from the wellhead through the processing plants and pipelines to the customers

• Challenged the threatened application of multiple effluent limitations guidelines under the Clean Water Act

• Defended a NEPA appeal related to air and water quality issues of the Bureau of Land Management's approval of a plan of operations for an open pit gold mine

• Counseled industrial and real estate development clients regarding Endangered Species Act compliance related to "Golden-Cheeked Warbler"

Press Releases/In the News

• T&K Honored Again by The Legal 500 US; June 11, 2010
  

• T&K Assists Ecopetrol in Acquisition of Producing Assets in the U.S. Gulf of Mexico; October 06, 2008
  

• T&K Environmental Attorneys Publish Article on Voluntary Cleanup Incentives; May 20, 2008
  

• T&K Attorneys Publish Article on Construction Storm Water Permits in National Environmental Journals; July 10, 2007
  

• "New Source Review Fight About To Heat Up," EnergyLaw360 ; June 21, 2007
  

• T&K Expands Mexico City Office; February 20, 2006
  

Presentations/Publications

• Client Alert: Guiding Your Stimulus Act Project Through NEPA Review, May 27, 2009
  

• "Incentives for Voluntary Cleanup Are Back!," Texas Bar Journal, May 2008
  

• "State Construction General Permits for Storm Water Discharge," Natural Resources & Environment, Spring 2007
  

• "PCBs," Texas Environmental Law, 45 Texas Practice Ch. 21, West Group, 2005
  

• "Environmental Law," 2004 Annual Survey of Texas Law of the SMU Law Review, Summer 2005
  

• "Environmental Law," 2003 Annual Survey of Texas Law of the SMU Law Review, Summer 2004
  

• "Dealing with Environmental Issues in the Acquisition of Industrial Facilities: Answers to Buyers' Frequently Asked Questions," May 2004
  

• "Environmental Law," 2002 Annual Survey of Texas Law of the SMU Law Review, Summer 2003
  

• "Environmental Law," 2001 Annual Survey of Texas Law of the SMU Law Review, Summer 2002
  

• "Environmental Law," 1999 Annual Survey of Texas Law of the SMU Law Review, 2000
  

• "Overview," supplement to Chapter 1 of Texas Environmental Law Book, 1999
  

• "Overview," supplement to Chapter 1 of Texas Environmental Law Book, 1998
  

• "Overview," Chapter 1 of Texas Environmental Law Book, 1997
  

• "Environmental Enforcement," Environmental Regulation Course, July 1994, May 1995
  

• "Planning for a Successful Environmental Inspection," Environmental Regulation Course, July 1994
  

• "Recent Developments Under Major Environmental Acts," Environmental Preparedness and Avoiding Environmental Liabilities Courses, March 1993, November 1993
  

• "Managing Environmental Inspections," Environmental Regulation Course, November 1992
  

• "Environmental Liability of Federal Facilities and Government Contractors," Federal Facilities Seminar, September 1992
  

• "Environmental Issues in Business Transactions," State Bar of Texas Advanced Business Law Course, State Bar of Texas Conference, January 1991, September 1992
  

• "The Federal Storm Water Regulations," April 1991
  

• "Environmental Law and the Oil and Gas Industry," Industry Seminar, November 1990
  

• "Overview of the Regulation of Underground Storage Tanks," NCNB Texas National Bank, September 1990
  

• "Asbestos: The Legal Framework," Institute of Real Estate Managers, June 1990
  

• "Is the West Austin Developer an Endangered Species? An Overview of the Federal, State and Local Endangered Species Laws," Travis County Bar Association, May 1990
  

Activities

• Member, American Bar Association; Natural Resources, Energy, and Environmental Law Section

• Member, State Bar of Texas; Environmental and Natural Resources Law Section; Administrative Law Section