- International Practice
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Tim Wilkins is the head of Bracewell & Giuliani's firm-wide Environmental and Natural Resources practice group. Tim represents large companies that rely on him for strategic environmental permitting assistance, the defense of environmental enforcement actions, and assistance with the environmental aspects of major transactions. He is a nationally-recognized leader in environmental auditing, having overseen environmental compliance audits involving over two thousand locations, handled hundreds of environmental audit disclosures, and pioneered the development and use of U.S. EPA's audit policy for new owners. His recent work has also included helping his clients successfully obtain eight greenhouse gas emissions permits from U.S. EPA.
In addition to his duties at Bracewell, Tim teaches the course in Corporate Environmental Law at The University of Texas School of Law. Before joining Bracewell, Tim 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.
Secured the dismissal of all charges against a Houston-area company that had been indicted on three counts of felony water pollution.
Defending a major terminal owner in connection with a stormwater discharge incident that has been referred for criminal prosecution.
Handling significant multi-site wetlands enforcement matters opposite U.S. EPA and the Army Corps of Engineers for two large energy companies.
Defending a terminal company against an EPA Clean Air Act civil enforcement action involving extensive EPA FLIR camera inspections into storage tank and flare emissions issues.
Defending a chemical company that has received a Special Notice Letter from U.S. EPA in connection with the Omega Chemical Superfund Site in Los Angeles.
Overseeing compliance audits and audit disclosures under EPA's new owner audit program with respect to midstream energy assets acquired in a recent $3.2 billion dollar acquisition.
Completed an environmental compliance audit and audit disclosure involving approximately 1,500 upstream and midstream oil and gas facilities under EPA's new owner audit program following a $12 billion acquisition.
Negotiated a corporate auditing agreement with EPA headquarters in connection with an environmental compliance audit of dozens of recently-acquired assets for a major oilfield services company, participated in the performance of that compliance audit, and prepared the associated audit disclosures to EPA.
Negotiated with EPA headquarters a corporate auditing agreement under EPA's new owner audit policy, oversaw compliance audits of dozens of acquired locations, and prepared environmental audit disclosures in connection with the merger of two major industrial construction companies with a combined value of $9 billion. This effort resulted in complete penalty relief for all audit-identified and disclosed violations.
Represented a major natural gas company on the environmental aspects of several 2013 divestitures, principally of midstream assets, totaling $3.6 billion.
Represented a private equity firm on the environmental aspects of an acquisition of six power plants including one location that is part of a federal Superfund site.
Represented an electric utility company on the environmental aspects of the divestiture of district energy facilities supplying heat and comfort cooling to area buildings.
Handled the environmental aspects of a $2.85 billion acquisition by Apache Corporation of Oklahoma and Texas operations in the Anadarko basin that use hydraulic fracturing to produce oil and natural gas.
Represented a major integrated petroleum company in connection with the environmental aspects of its securities filings and on the allocation of cleanup liabilities associated with a corporate spinoff and initial public offering.
Advised a large energy company on the environmental aspects of a major upstream and midstream oil and gas acquisition involving a major oil company's assets in Alaska's Cook Inlet.
Represented the agent bank on the environmental aspects of a financing for a newly-formed master limited partnership secured by significant petroleum terminal, pipeline, and other assets.
Represented the agent bank on the environmental aspects of a billion-dollar secured term loan for the acquisition of a publicly-traded oil and gas exploration and production company.
Handled the environmental aspects of the financing of a $3 billion, 680-mile interstate natural gas pipeline through four western states.
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.
Air Quality and Permitting
Representing a power project developer before the Environmental Appeals Board opposite a national non-governmental organization with respect to a federal Prevention of Significant Deterioration permit issued by U.S. EPA for greenhouse gas emissions from a South Texas gas-fired power plant project.
Assisted an industrial gases company in obtaining a federal PSD permit for greenhouse gas emissions from U.S. EPA for a Houston-area cogeneration facility. This effort included successful extensive negotiations with a national non-governmental organization.
Assisted a chemical manufacturer in obtaining a federal PSD permit for greenhouse gas emissions from a proposed Houston-area propylene manufacturing facility under the Clean Air Act and U.S. EPA's Tailoring Rule.
Assisted an independent power generation company in obtaining two federal PSD permits for GHG emissions from proposed gas-fired power generating stations under the Clean Air Act and U.S. EPA's Tailoring Rule.
Assisted a midstream energy company in obtaining federal PSD permits for GHG emissions from proposed gas processing and fractionating facilities under the Clean Air Act and U.S. EPA's Tailoring Rule.
Represented a Texas-based specialty chemicals manufacturer in connection with Clean Air Act Title V permitting and aggregation issues.
Successfully represented an industrial gases manufacturer in an agency inquiry on the aggregation of emissions from co-located facilities in connection with an air permit amendment.
Assisted a major chemical manufacturing facility with the reorganization and reissuance of its major air emissions permits to better facilitate compliance and development activities, as well as corporate financing and transactional opportunities.
Assisting a major midstream energy services company with policy and regulatory issues relating to U.S. EPA's proposed revisions to Clean Air Act New Source Performance Standards and National Emissions Standards for Hazardous Air Pollutants.
Other Representative Matters
Secured Texas Commission on Environmental Quality non-permit authorizations for wastewater impoundments at a new gas-fired power plant.
Prepared a Data Quality Act challenge to an Agency for Toxic Substances and Disease Registry Health Consultation relating to a major natural gas producer's upstream operations.
Advised a major consumer products manufacturer in connection with pesticide-related wastewater permitting and enforcement activities.
Assisting a major midstream energy services company in Texas Railroad Commission proceedings relating to environmental remediation and reporting issues.
Successfully represented a large industrial construction company in overturning a "poor" compliance history score issued by the Texas Commission on Environmental Quality.
Publications and Speeches
"EPA's Texas Greenhouse Gas PSD Permitting Program," Air & Waste Management Association Conference, Houston, Texas, Sept. 18, 2013.
"Environmental Law Update," The Auditing Roundtable, South Central Region meetings, July 31, 2013; August 1, 2012; 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.
"Managing Environmental Risk in Transactions," 24th Texas Environmental Superconference, Austin, Texas, August 3, 2012.
"General Environmental Regulatory Update and Roundtable Discussions: A Fireside Chat," South Central Regional Meeting, The Auditing Roundtable, Austin, Texas, August 1, 2012.
Co-author, "Don't Dump Your Money Down a Well," Law360, May 5, 2011.
"Environmental Regulatory Update," Auditing Roundtable South Central Regional Meeting, Austin, April 7, 2011.
"Legal Issues for EHS Auditors," The Auditing Roundtable Auditor Training, Houston, Texas, November 10, 2010.
"Environmental Regulatory Developments for the Oil & Gas Industry," Wortham Insurance Pollution Risks and Insurance Seminars (Dallas, San Antonio, Austin), October 26-27, 2010.
"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 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.
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
U.S. Court of Appeals for the Fifth Circuit
The Auditing Roundtable, Past Chair, South Central Region
American Bar Association, Section of Environment, Energy, and Resources
State Bar of Texas, Environmental and Natural Resources Law Section
Austin Bar Association, Environmental Law Section
Chambers USA: America's Leading Lawyers for Business, Environment, 2006-2013
US Legal 500, Environment: Litigation, 2011-2013
Practical Law Company, Leading Individual Attorney, Environmental Law
Best Lawyers in America, 2009, 2010 and 2012
Texas Super Lawyers, 2004, 2006-2012
Martindale-Hubbell® AV® Preeminent™ Rating