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Bracewell & Giuliani




Image: Timothy

Tim Wilkins

Managing Partner, Austin

Austin
T: 512.542.2134
F: 512.479.3934
E: timothy.wilkins@bgllp.com
Houston
T: 713.221.1136
Assistant
Angela Trafton
512.494.3666

Tim Wilkins is the head of Bracewell & Giuliani's firm-wide Environmental and Natural Resources practice group and Managing Partner of the firm's Austin office. He assists companies in identifying and addressing environmental issues in all media, and advises on the legally appropriate design and implementation of systems for corporate environmental governance, management and auditing.

Mr. Wilkins has experience with administrative, civil and criminal environmental enforcement actions, the resolution of regulatory and liability issues associated with contaminated properties and their remediation, and counseling on the environmental aspects of transactions, project siting and development.

Mr. Wilkins has published and lectured on privileged auditing, environmental management systems, climate change, environmental enforcement defense and transactions-related environmental issues. He teaches the course in Corporate Environmental Law at The University of Texas School of Law and long served as an adjunct professor at the University of Houston Law Center.

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Before joining Bracewell, Mr. Wilkins was research assistant to Professor Laurence H. Tribe of Harvard Law School, Editor-in-Chief of the Harvard Environmental Law Review, and a judicial clerk for the Honorable Henry A. Politz, Chief Judge of the United States Court of Appeals for the Fifth Circuit.

Representative Matters

Handled all environmental aspects of the landmark $7 billion acquisition by Apache Corporation of BP's upstream oil and gas operations, acreage and infrastructure in Western Canada, West Texas and Egypt, in addition to the environmental components of Apache's stock offering associated with that acquisition. The acquisition was the largest oil and gas asset acquisition in U.S. history.

Negotiated a corporate auditing agreement with EPA headquarters and prepared environmental audit disclosures in connection with the merger of two major industrial construction companies with a combined value of $9 billion. This pioneering agreement provided penalty relief under the EPA's "Interim Approach" for applying its find, fix, and disclose Audit Policy.

Handled all environmental aspects of the financing of a $3 billion, 380-mile interstate natural gas pipeline through four western states.

Designed and assisted with the implementation of environmental compliance audit programs for companies engaged in electric power generation, energy production and transportation, chemical manufacturing, cement manufacturing, and printing and publishing, including assistance with audit disclosures under EPA and state audit policies and innovative applications of those policies. Mr. Wilkins pioneered the use of EPA's Audit Policy in transactional contexts to successfully extinguish compliance-related liabilities in mergers and acquisitions. He has directed or participated in privileged environmental compliance audits of more than 500 facilities and handled audit disclosures for well over 150 facilities under federal, Texas and other state environmental audit programs.

Defended numerous air, water, waste and hazardous materials enforcement actions for companies in the power generation, chemical, and forest products sectors, as well as criminal prosecutions alleging waste and water violations.

Advised on siting and environmental permitting issues associated with several new power plants (including coal, gas, cogeneration and wind facilities), chemical manufacturing and energy-related facilities.

Advised on the environmental aspects of numerous acquisitions, divestitures and financing transactions in the energy, refining, electric power, chemicals, telecommunications, real estate, waste handling and municipal sectors.

Publications and Speeches

"Update on the Law of Climate Change: Recent Developments in Legislation, Regulation, and Litigation," Dallas Bar Association Corporate Counsel Section, July 6, 2010.

Co-author, "Climate Change Industry Overview," Chambers USA 2010-2011 Edition.

"TCEQ Releases Emissions Study for Barnett Shale - Added Regulatory Attention Expected," Environmental Law Update, January 29, 2010.

"Using EPA's 'New Owner' Audit Policy," 21st Texas Environmental Superconference, Austin, Texas, August 7, 2009.

"Environmental Compliance Auditing: Getting It Right, Now More than Ever," TCC/ACIT Environmental, Health and Safety Seminar, Galveston, Texas, June 11, 2009.

Co-author, "A New Enforcement Reality," Energy Lawyer, May 18, 2009.

"Using EPA's Audit Policy in Transactional Contexts," The Auditing Roundtable National Meeting, San Antonio, Texas, April 21, 2009.

Co-author, "Prepare for Tougher Environmental Enforcement," Bloomberg Environmental Law Report, Vol. 1, No. 3, March 2009.

Co-author, "The New Look Of Environmental Enforcement And What Companies Can Do To Prepare," New Jersey Law Journal, February 23, 2009.

"A Primer on EPA Enforcement," The New Enforcement Agenda and How to Prepare, Bracewell & Giuliani Seminar, February 2009.

Co-author, "Deseret Decision Regarding CO2 Avoids the Key Question and Creates Significant Uncertainty," Environmental Law Update, November 2008.

"Audits Will Protect Your Environmental Compliance Investment," Oil & Gas Financial Journal, October 10, 2008.

"Brownfields Toolkit:  Overview of Liabilities," 20th Annual Texas Environmental Superconference, Austin, Texas, August 6, 2008.

"Environmental Law Update," The Auditing Roundtable, South Central Region meetings, August 4, 2010; August 5, 2009; August 6, 2008; March 27, 2008; August 1, 2007; August 2, 2006; April 6, 2006; August 3, 2005; April 23, 2004.

"Environmental Enforcement Trends:  What We Face, How to Prepare," Pipeline & Gas Journal, May 2008.

"Beating the Environmental Enforcement Squeeze," Upstream Technology, May 2008.

"Compliance Program May Serve as Stitch in Time for Companies," Houston Business Journal, February 8, 2008.
 
"Environmental Audits and Management Systems:  An Update from the Front Lines," Austin Bar Association Environmental, Natural Resources and Water Section, February 7, 2008.
 
"Environmental Auditing and Management Approaches for Compliance," Biodiesel Magazine, February 2008.

"Under Pressure:  New Drivers and New Risks for Corporate Environmental Disclosure," Zephyr Currents, October 2007.

"Accounting for the Environment:  Corporate Environmental Disclosure and Reporting," Houston Bar Association 2007 Environmental Law Institute, September 28, 2007.

"An Overview of the Environmental Law System," 19th Annual Texas Environmental Superconference, Austin, Texas, August 1, 2007.

"A Theory of Evolution:  How Securities Laws and Markets are Influencing Corporate Sustainability," EM - The Magazine for Environmental Managers, Air & Waste Management Association, April 2007.
 
"The Hydrogen Economy:  A Lawyer's Perspective," National Hydrogen Association Annual Conference, San Antonio, Texas, March 21, 2007.
 
"Required and Voluntary Environmental, Sustainability, and Corporate Social Responsibility Reporting," The Auditing Roundtable - South Central Region Meeting, Austin, Texas, March 13, 2007.
 
"Transactions and the Environmental Lawyer," 18th Annual Texas Environmental Superconference, Austin, Texas, August 2, 2006.

"The Hydrogen Economy: Practical Legal Issues," American Bar Association Section on Environment, Energy, and Resources. Seminar on Renewable Energy Resources, Houston, Texas, January 18, 2006.

Education

J.D., cum laude, Harvard Law School, 1993
M.P.P., Harvard University, 1993
B.A., magna cum laude, Phi Beta Kappa, Trinity University, 1988

Bar Admissions

Texas

Court Admissions

U.S. Court of Appeals for the 5th Circuit

Affiliations

The Audit Roundtable, Immediate Past Chair, South Central Region
Austin Bar Association, Environmental Law Section
State Bar of Texas Environmental Law Journal, Recent Developments Columnist, 2003-2008
State Bar of Texas, Environmental and Natural Resources Section, Executive Committee Member, 2001-2003
Member, Strategic Advisory Board, Board of Environmental, Health & Safety Auditor Certifications (BEAC), 2008-present

Noteworthy

Chambers USA: America's Leading Business Lawyers, Environment, 2006-2010
Practical Law Company, Leading Individual Attorney, Environmental Law
Best Lawyers in America, 2009 and 2010
Super Lawyers, Corporate Counsel Edition, 2009
Texas Super Lawyers, 2004-2009
Martindale-Hubbell A/V rating
Editor-in-Chief, Harvard Environmental Law Review



         
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