 OverviewMary joined the Firm in 2005, and has more than 40 years of experience in the environmental arena, focusing on environmental litigation, enforcement, remediation, compliance, counseling, transactional and permitting matters. She regularly represents clients in administrative and civil enforcement cases before the Environmental Protection Agency (EPA), Texas Commission on Environmental Quality (TCEQ) and State Office of Administrative Hearings (SOAH). Many of Mary’s clients recognize that her strong working relationships with each of these agencies allows complicated processes to move forward more quickly. Mary also represents potentially responsible parties and landowners in environmental lawsuits including bankruptcy matters, toxic tort, property claims and suits brought under various environmental acts including Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Oil Pollution Act (OPA), Clean Water Act (CWA), Clean Air Act (CAA) and comparable state statutes. Mary is board certified in business bankruptcy and regularly assists her environmental clients in asserting claims in bankruptcy proceedings, and represents several large Environmental Bankruptcy Trusts set up by Debtors, the EPA and Department of Justice to ensure that extremely contaminated properties are remediated. In addition, she assists and advises clients on environmental issues in real estate related transactions, corporate acquisitions and mergers, insurance claims as well as regulatory compliance, supervision of environmental compliance audits and the Spill Prevention Control and Countermeasures (SPCC) plans. Mary’s clients appreciate that no matter how complex a situation may be, she has the ability to immediately clarify and narrow the primary deal issues so they can be adequately resolved. This, in turn, enables her to quickly address the more minor stumbling blocks in a given case. Throughout her career, Mary has developed subject matter expertise and unparalleled experience that allow her to effectively and efficiently represent major clients in their environmental affairs. Memberships
- American Bar Association, Environmental and Natural Law Section (SDF Committee, Membership Chair)
- Houston Bar Association, Environmental Section (Past Chair)
- State Bar of Texas, Environmental and Natural Resources Section (Past Chair; Current Pro-Bono Committee Chair)
- Texas Bar Foundation (Fellow)
OverviewMary joined the Firm in 2005, and has more than 40 years of experience in the environmental arena, focusing on environmental litigation, enforcement, remediation, compliance, counseling, transactional and permitting matters. She regularly represents clients in administrative and civil enforcement cases before the Environmental Protection Agency (EPA), Texas Commission on Environmental Quality (TCEQ) and State Office of Administrative Hearings (SOAH). Many of Mary’s clients recognize that her strong working relationships with each of these agencies allows complicated processes to move forward more quickly. Mary also represents potentially responsible parties and landowners in environmental lawsuits including bankruptcy matters, toxic tort, property claims and suits brought under various environmental acts including Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), Oil Pollution Act (OPA), Clean Water Act (CWA), Clean Air Act (CAA) and comparable state statutes. Mary is board certified in business bankruptcy and regularly assists her environmental clients in asserting claims in bankruptcy proceedings, and represents several large Environmental Bankruptcy Trusts set up by Debtors, the EPA and Department of Justice to ensure that extremely contaminated properties are remediated. In addition, she assists and advises clients on environmental issues in real estate related transactions, corporate acquisitions and mergers, insurance claims as well as regulatory compliance, supervision of environmental compliance audits and the Spill Prevention Control and Countermeasures (SPCC) plans. Mary’s clients appreciate that no matter how complex a situation may be, she has the ability to immediately clarify and narrow the primary deal issues so they can be adequately resolved. This, in turn, enables her to quickly address the more minor stumbling blocks in a given case. Throughout her career, Mary has developed subject matter expertise and unparalleled experience that allow her to effectively and efficiently represent major clients in their environmental affairs. ExperienceEnvironmental Trust Represented an environmental custodial trust in legal issues relating to the negotiation and sale of numerous Trust Assets; demolition of on Site plant and stacks; coordination [more]Represented an environmental custodial trust in legal issues relating to the negotiation and sale of numerous Trust Assets; demolition of on Site plant and stacks; coordination with regulatory agencies and the DOJ on remediation of third party sales of assets, real property and third party property, establishment of deed restrictions and OM&M work; public outreach initiatives; coordination with city, county and local state representatives on site use; remedial objectives and zoning; various real property issues, including updating surveys, easements and right of way issues, utility expansion, ad valorem tax reductions, TXDot road construction and expansion projects and access issues; and contract agreements with Environmental Consultants and subcontractors, third party buyers, real estate brokers, surveyors and insurance. [less]Environmental Trust Represented an environmental trust in legal issues relating to negotiating a Settlement Agreement and Environmental Trust Agreement, coordination of site ownership [more]Represented an environmental trust in legal issues relating to negotiating a Settlement Agreement and Environmental Trust Agreement, coordination of site ownership and operational issues between the Environmental Trust and the Liquidating Trust; coordination with regulatory agencies and the DOJ on site remediation, use of financial assurance trust monies, third party real property acquisition and use of each Trust’s assets; Trust tax obligations; various real property issues including updating surveys, easements issues and ad valorem tax reductions; and contract agreements with Environmental Consultants and subcontractors, third party buyers, surveyors and insurance. [less]Environmental Trust Represented an environmental trust in legal issues relating to ownership of the site and four adjacent parcels of land; coordination with regulatory agencies and the DOJ on site [more]Represented an environmental trust in legal issues relating to ownership of the site and four adjacent parcels of land; coordination with regulatory agencies and the DOJ on site remediation and use of financial assurance trust monies; Trust tax obligations; various real property issues including updating surveys and ad valorem tax reductions; and contract agreements with environmental consultants and subcontractors. [less]Environmental Trust Represented an environmental trust in legal issues relating to negotiating a Settlement Agreement, Environmental Trust Agreement and Plan of Reorganization issues as it [more]Represented an environmental trust in legal issues relating to negotiating a Settlement Agreement, Environmental Trust Agreement and Plan of Reorganization issues as it related to an assignment of various obligations and liabilities from the Trust, assignment to the Trust of various contracts and transaction documents and a Stipulation Agreement; legal issues relating to site ownership, operational issues, various environmental liabilities (including permit issues, Consent Decree obligations, SEP obligations and Marine Study), cost and budget requirements between the Trust and the adjacent property owner; coordination with the Virgin Islands government, the EPA and the DOJ on Site remediation, permit issues, Consent Decree obligations, use of financial assurance RCRA trust monies and other Trust monetary requirements and Trust tax obligations; various real property issues, including updating surveys and deed recordation issues; contracting and agreements with Environmental Consultants and subcontractors, employment contracts, recycle companies, surveyors and insurance. [less]Superfund Represents several generators at a superfund site, and also acts as Chair of the Steering Committee for the matter. Superfund Served as Common Counsel for the cooperating parties at several superfund site in Texas. These groups are comprised of large oil and gas, chemical and manufacturing [more]Served as Common Counsel for the cooperating parties at several superfund site in Texas. These groups are comprised of large oil and gas, chemical and manufacturing companies who have been determined to be “potentially responsible parties” for remediating the superfund Sites. The Munsch Hardt team leads the negotiations with the EPA, DOJ and TCEQ on the type and form of remediation at the Sites, the Consent Orders for conducting the work, managing the contractors to do the work and eventually negotiating with the federal Natural Resource Trustees for natural resource damages. [less]Environmental Litigation Represented PRP Groups as Common Counsel in both federal and state court litigation with prior and current Site owners over liability under CERCLA and Texas [more]Represented PRP Groups as Common Counsel in both federal and state court litigation with prior and current Site owners over liability under CERCLA and Texas Solid Waste Disposal Act for remedial and removal cost recovery actions. [less]Environmental Litigation Represented individual PRPs in various federal and state court litigation over CERCLA and Texas Solid Waste Disposal Act claims for remedial and removal cost recovery [more]Represented individual PRPs in various federal and state court litigation over CERCLA and Texas Solid Waste Disposal Act claims for remedial and removal cost recovery actions. [less]Environmental Litigation Represented current landowners against prior owners and operators for response costs to clean up previously contaminated properties under both state and federal statutory [more]Represented current landowners against prior owners and operators for response costs to clean up previously contaminated properties under both state and federal statutory claims and contract indemnity claims. [less]Environmental Litigation Represented PRPs in defending cost recovery claims from third party claimants for damages based on waste allegedly migrating offsite from contaminated property, including [more]Represented PRPs in defending cost recovery claims from third party claimants for damages based on waste allegedly migrating offsite from contaminated property, including property devaluation damages, nuisance and negligence. [less]Environmental Litigation Represented landowners in cost recovery claims against tenants whose operations resulted in contamination to leased property. Environmental Litigation Represented landowners in litigation brought by current tenants for purported “vapor” exposure. Environmental Litigation Represented companies in litigation brought by adjacent landowners under Citizen Suit claims for RCRA violations. Environmental Litigation Representing the 53 largest principally responsible parties at a federal superfund site, as common counsel, in litigation involving the contamination at the site. Environmental Litigation Acting as co-counsel of the Steering Committee at a federal superfund site in Texas. Environmental Litigation Representing waste disposal companies in Enforcement actions brought by the EPA. Environmental Litigation Represented oil field services companies, pipeline companies, specialty waste disposal companies and manufacturers in permit violation cases. Environmental Litigation Represented the parent company of three affiliated specialty contractors in the areas of tank cleaning and waste processing, in various environmental matters. Environmental Litigation Represented several multinational oil companies in different private cost-recovery actions in Texas under Comprehensive Environmental Response, Compensation, [more]Represented several multinational oil companies in different private cost-recovery actions in Texas under Comprehensive Environmental Response, Compensation, and Liability Act. [less]Environmental Litigation Represented an energy company, as defendant, in a suit to recover clean-up costs under the Texas Solid Waste Disposal Act. Environmental Litigation Represented a natural gas pipeline company defending claims of more than 200 property owners for alleged contamination covering more than 70 acres in a residential and [more]Represented a natural gas pipeline company defending claims of more than 200 property owners for alleged contamination covering more than 70 acres in a residential and commercial neighborhood. [less]Environmental Litigation Represented various nationwide manufacturers’ remediation and private cost recovery superfund litigation in several states including Texas, Louisiana, Alabama, [more]Represented various nationwide manufacturers’ remediation and private cost recovery superfund litigation in several states including Texas, Louisiana, Alabama, Oklahoma, Virginia, Illinois, Indiana and Arkansas. [less]Environmental Litigation Represented a major oil and gas company on compliance issues with the Migratory Bird Act and the Endangered Species Act resulting in no fines. Environmental Litigation Represented an oilfield services company with historical disposal of waste containing mercury and negotiated liability with the Alabama Department of Environmental [more]Represented an oilfield services company with historical disposal of waste containing mercury and negotiated liability with the Alabama Department of Environmental Management (ADEM) and various subcontractors. [less]Environmental Litigation Represented a major oil and gas company in determining liability relating to superfund and other sites in Alaska.
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