Tracy D. Hester
Senior Counsel
Gwyn Warren
713.223.2300 x2460
Tracy Hester is a professor at the University of Houston Law Center and the Director of UHLC's Environment, Energy and Natural Resource Center. After serving as a partner for sixteen years and leading the Houston office's environmental group, Mr. Hester is now senior counsel on Bracewell's environmental team. At Bracewell, he counsels clients in regulatory matters, emphasizing enforcement defense, climate change compliance and liability, permitting, environmental diligence in acquisitions and transactions, and cost recovery litigation. Mr. Hester also focuses on the innovative application of environmental laws to emerging technologies, such as wind and other renewable power projects, and on novel compliance strategies. He has helped lead efforts to assess how existing environmental laws will apply to new nanoscale materials.
Some of the most admired, independent legal-ranking surveys state that Mr. Hester impresses clients with his "time-conscious responses and friendly manner" and that he "has great problem-solving skills: he has the ability to think through really difficult problems and is highly creative."
Mr. Hester currently chairs the Environmental Enforcement and Crimes Committee of the American Bar Association's Section on Environment, Energy and Resources. He is also vice-chair of the Greater Houston Partnership's Environmental Policy Advisory Committee. He was elected as a member of the American Law Institute in 2004.
Publications and Speeches
"Climate in the Courts: Climate Change Liability and Litigation," 13th Annual Hot Air Topics Conference, Air & Waste Management Association, Houston, January 14, 2010.
"Quiet So Far: A Muted Response to Allegations of the First Human Fatalities Linked to Nanoparticles," Environmental Law Institute, January 2010.
"Fifth Circuit Decision Threatens a Tsunami of Climate Change Tort Cases While the Defense Bar Awaits a Circuit Split," Environmental Law Update, October 22, 2009.
Nanotechnology Deskbook (with Lynn Bergeson), Environmental Law Institute, 2008.
"City of Houston Air Quality Authority: A Dialogue on Air Toxics," Hot Air Conference, American Waste Management Association, Houston, Texas, 2007.
"Environmental Legal Requirements for Nanomaterials," Texas Environmental Superconference, Austin, Texas, 2007.
"Massachusetts v. EPA: Preliminary Thoughts and Forecasts," Federal Bar Association, Houston, Texas, 2007.
"Keystone Cornerstones: Fundamentals for the New Environmental Attorney," organizer and moderator, Annual Meeting of ABA Section on Environment, Energy and Resources, Keystone, Colorado, both 2007 and 2008.
"RCRA Regulation of Wastes from the Production, Use, and Disposal of Nanomaterials," American Bar Association, Section of Environment, Energy, and Resources, June 2006.
"New World of Nanowaste: Review of Regulations, Positions, Policies, and Actions Related to Nanotechnology," Environmental Impact of Nanotechnology Workshop, EPA OSWER, Washington, DC, 2006.
"Small Stuff, Big Challenges: Applying Environmental Laws to the New World of Nanoscale Materials," American Bar Association, Section of Environment, Energy and Resources Annual Meeting, October 7, 2004.
"Life Ain't So Simple: Environmental Regulation and Permitting for Renewable Energy Projects," Texas Environmental Superconference, August 5, 2004.
"Jurisdictional Wetlands Under the CWA," Greater Houston Builders Association, Houston, Texas, April 5, 2004.
"Nanotechnology in the Transitional Age: Potential Legal Requirements and Future Liabilities," Rice CASE Media Fellowship, Rice Center for Biological and Environmental Nanotechnology, March 16, 2004.
"Environmental Justice in Criminal Sentencing," American Bar Association Environmental Crimes and Enforcement Newsletter, Vol. 4, No. 2, January 2003.
"Nanotechnology in the Transitional Age: Potential Legal Requirements and Future Liabilities," Nanodays 2003.
"Conference Rice Center for Biological and Environmental Nanotechnology, October 13, 2003.
"Texas Regulatory Overview," Progress Ventures/Progress Fuels EHS Forum, Raleigh, North Carolina, March 12, 2003.
"Nanotechnology and Environmental Liabilities," NanoDays 2002 Conference, Rice University Center for Environmental and Biological Nanotechnology, Houston, Texas, September 2002.
"Trends in the Criminal Enforcement of Environmental Laws," Federal Bar Association, South Texas Chapter Meeting Houston, Texas, June 20, 2002.
"The Practice of Environmental Law," University of Houston Environmental Law Society, Houston, Texas April 4, 2002.
"Environmental Criminal Enforcement," NAELS, Houston, Texas, March 23, 2001.
"Corrective Action Strategies," The Advanced RCRA Institute, Government Institutes New Orleans, Louisiana, October 2-5, 2000.
"Environmental Criminal Enforcement," Texas Water Law Conference, Houston, Texas, May 4-5, 2000.
"RCRA: What It Means in Day-to-Day Operations," Environmental Compliance Bootcamp, Government Institutes, Greensburg, Pennsylvania, February 8-10, 2000.
Co-author, "New World, New Laws: Preparing to Advise Clients on Global Warming Legal Policies and Strategies," Houston Bar Association Journal, 1999.
Co-author, "RCRA Corrective Action Program and Administrative Reform Initiative," Bracewell & Patterson LLP Environmental Roundtable, Houston, Texas, September 23, 1999.
"Update on RCRA Corrective Action Strategies and Texas Risk Reduction Program," Bracewell & Patterson Environmental Roundtable, September 23, 1999.
"U.S. Environmental Laws & Regulations Course," CERCLA Update, Government Institutes, San Antonio, Texas, June 22-24, 1999.
"Practical Strategies for Environmental Compliance in Texas," Government Institutes, Houston, Texas, November 5-6, 1998.
"EPCRTKA-6 New Categories," 9th Annual Environmental Law Conference, Houston, Texas, April 23-24, 1998.
"CERCLA for the Next Century: Cleanups Amidst Creative Chaos," Government Institutes, Houston, Texas, November 6, 1997.
"A Report on Reporting Requirements: An Update on Activity Under EPCRA," Environmental Law Institute, South Texas College of Law of Texas A&M University, Houston, Texas, April 23-24, 1997.
"Management Strategies for Environmental Compliance," Government Institutes, San Antonio, Texas, January 27-29, 1997.
"Texas Voluntary Cleanup Program and the Texas EPA Agreement: A Prototype for Other State Voluntary Cleanup Programs," American Gas Association, 1996 Comprehensive MGP Management Symposium, September 12, 1996.
"Environmental Liabilities and Effective Management Strategies to Protect Yourself and Your Company," Government Institutes, San Antonio, Texas, February 12, 1996.
"Environmental Liabilities and Effective Management Strategies to Protect Yourself in Today's Oil and Gas Industry," Government Institutes, New Orleans, Louisiana, December 4-5, 1995.
"Cleaning Up Calamities, Environmental Issues in Plant Disasters: Federal Law," Major Workplace Incidents Seminar, Bracewell & Patterson LLP, Houston, Texas, September 7, 1995.
Education
J.D., Stone Scholar, Columbia University School of Law, 1986
B.A., high honors, Phi Beta Kappa, The University of Texas at Austin, 1983
Bar Admissions
District of Columbia
New York
Texas
Court Admissions
U.S. Courts of Appeals for the 5th and District of Columbia Circuits
U.S. District Court for the Southern District of Texas
Affiliations
Bar Affiliations
State Bar of Texas, Environmental Law Section
District of Columbia Bar
State Bar of New York
American Bar Association, Environment, Energy and Resources Section: Chair, Environmental Crimes and Enforcement Committee, ABA SEER, 2008-2010; Vice-chair, Renewable Energy Committee, 2004-2008; Vice-Chair, Corporate Counsel Committee, 1999-2000
Houston Bar Association, Environmental Section Chair, 2000-2001
Legal Affiliations
American Bar Foundation, Fellow
American Law Institute
Texas Bar Foundation, Fellow
Nanotechnology Standards Panel of the American National Standards Institute, Steering Committee
International Council on Nanotechnologies, Advisory Committee
Houston Local Emergency Preparedness Committee, Pro Bono Counsel, 1998-2004
Greater Houston Partnership, Vice-Chair, Environmental Advisory Committee, 1999-present; Waste Subcommittee Chair, 1999-2003
University of Houston Law Center, Adjunct Professor
Climate Change Liability and Litigation, 2007
Environmental Enforcement, 1999-2004
Advanced RCRA Seminar, Fall 1997
Practice of Environmental Law, 1995, 1996
Civic Affiliations
Galveston Bay Foundation, Trustee, 2004-present
Texas Risk Reduction Program Advisory Group, Steering Committee, 2004-present
Representative, Houston Ship Channel Dioxin TMDL Stakeholders Group
Galveston Bay Council, member, 2004-2006
Texas Association of Environmental Professionals, Board of Directors, 2004
Virtuosi of Houston, Board of Directors, 2002-2005
Noteworthy
Elected to American Law Institute, 2004
Chambers USA: America's Leading Business Lawyers, Environmental, 2003-2009
Highly Recommended Individual Attorney, Practical Law Company, Environmental Law
Best Lawyers in America, 2006-2010
Super Lawyers, Corporate Counsel Edition, 2009
Texas Super Lawyers, 2003-2009
Articles Editor, Columbia Journal of Transnational Law, Columbia University School of Law