Case Studies
Short summaries of case studies are listed below. Clicking on the case study title will provide a more detailed description.
Several small companies seeking air quality permits that were needed before construction or operation could begin on new or modified plants. People who were living near the proposed plants forced the permitting agency to schedule a formal trial-type administrative hearing to determine whether the permits should be issued. Although the agency gave preliminary permit approval, the hearing process required that our clients have the burden to prove highly technical issues involving engineering, toxicology and other specialized areas. The costs of proving those issues, retaining expert witnesses and addressing the legal issues in the hearing process were substantial, particularly for smaller companies. >>
A large, independent oil and gas exploration company based in Texas. Residents of a Native American tribe whose Montana reservation was near one of the company’s production sites filed suit, alleging contamination of their water source from the oil drilling activity of a predecessor company. The lawsuit triggered an investigation by the Environmental Protection Agency, which ordered the company to take remedial action to assure the safety of the water supply. >>
State environmental agency evaluated our client's compliance history for a plant location and issues public determination that the site is a “poor performer,” the lowest possible classification. Haynes and Boone analyzed the basis for the agency classification and submitted an appeal of the classification demonstrating how the plant should have been given a better classification. The environmental agency concurred with the points raised in the appeal, and reversed its prior determination, granting the company a more favorable classification. >>
Our client, a major energy company, was sued in Texas state court by approximately 40 families who claimed that a refinery waste disposal pit in their neighborhood caused personal injuries and property damages. At trial, plaintiffs sought in excess of $170 million dollars for six families chosen as representative “trial plaintiffs” thought to have the most compelling cases. >>
A client seeking to acquire properties in several states discovered significant hazardous waste disposal problems. One property, located in Chicago, Illinois, was the subject of toxic tort litigation. The other was a Florida property listed on the U.S. Environmental Protection Agency’s National Priorities List (NPL) of contaminated properties – otherwise known as the Superfund site list. Our client’s acquisition could not go forward until the environmental liability problems with both sites were resolved. Haynes and Boone lawyers worked on parallel tracks to develop solutions for both properties separately from the primary acquisition. >>
Early in 2007, one of the nation’s largest law firms asked Haynes and Boone to advise the lenders to TXU on the environmental issues involved with the utility’s plans to build 11 new coal-fired power plants. Our original assignment was to monitor Texas legislative and administrative law developments, as well as litigation, so that the lenders could decide how to proceed. However, TXU changed its plans and announced a record $45 billion buyout by private equity firm Kohlberg Kravis Roberts & Co. (KKR), which involved dropping plans for eight of the 11 power plants. >>
A large manufacturing company sought to purchase a property adjacent to its manufacturing facility. The seller offered the property at a discounted price, but would offer no indemnity against potential environmental cleanup problems that could be ascribed either to it or to the prior property owner. Our client wanted the property – but not likelihood of large future remediation expenses. >>
Our client faced a number of lawsuits around the country from individual plaintiffs and plaintiff groups alleging health problems from exposure to the chemical benzene. Our client needed a single law firm to structure its nationwide defense in these lawsuits, and chose Haynes and Boone to serve as national coordinating counsel. >>