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Carrick Brooke-Davidson

Carrick Brooke-Davidson Counsel, Environmental & Natural Resources

Mr. Brooke-Davidson is a counsel in the firm’s Austin office. He has practiced environmental law since 1985, when he received his law degree from The University of Texas School of Law. His practice has included all facets of environmental law: he has experience with all the significant federal environmental laws and their Texas counterparts; his practice has involved litigation, arbitration, enforcement, permitting, transactions, and counseling; he has worked with various industries including chemicals, energy, agriculture, manufacturing, and real estate; and he has practiced in government as well as in private firms.

Experience Highlights

  • Co-lead counsel in complex matter regarding contamination of the Houston Ship Channel; case included state court litigation, a complicated multi-party mediation, and culminated in a month long arbitration hearing regarding allocation of responsibility for multi-million dollar environmental liability under various indemnity provisions of contracts
  • Prepared and filed amicus brief on behalf of Texas oil and gas trade association in case before Texas Supreme Court involving validity of City of Houston clean air ordinance
  • Represented refineries in negotiation and implementation of settlement agreements with EPA and state agencies under the EPA Refinery Initiative under the Clean Air Act
  • Provided comments on behalf of refinery client regarding EPA’s Clean Air Act Refinery MACT rulemaking, and provided subsequent counseling regarding interpretation and compliance with final rule, and assisted in seeking compliance date extensions 
  • Represented numerous clients in state and federal administrative and judicial enforcement actions
  • Successful resolution of a decades-long dispute between oil-field waste hauler and Texas Railroad Commission; Commission sought to revoke operating authority of client; case involved both offensive and defensive litigation in state court
  • Provided client with corporate-wide training on civil and criminal environmental liability issues; training involved multiple locations and involved all levels of management, from line supervisors to corporate management
  • Negotiated settlement with EPA and state agency on behalf of agricultural client in imminent and substantial endangerment action brought under the Safe Drinking Water Act; case also included resolution of indemnity claims among the defendants
  • Represented an oil-field services client in a state court tort damages case involving claim of contamination of property adjacent to client’s facility, resulting in a jury verdict in clients favor
  • Counseled clients in the Texas Voluntary Cleanup Program and in business transactions requiring environmental opinion letters and environmental indemnity agreements; also represented clients in prospective purchaser agreements from EPA 
  • Represented clients as both plaintiffs and defendants in both government and private cost-recovery actions under Superfund and other state and federal statutes
  • Represented a pipeline client in litigation under the National Environmental Policy Act seeking to halt pipeline re purposing project; case was resolved without necessity of lengthy full Environmental Impact Assessment

During his tenure at the U.S. Department of Justice, Mr. Brooke-Davidson led various complex enforcement matters relating to all major environmental statutes. Notable experience includes:

  • Supervisor for civil environmental enforcement litigation originated by EPA Region 6 (Dallas)
  • As co-lead counsel, argued a successful motion to enter a consent decree in U.S. v. Amoco Chemical (S.D. Tex.), a Superfund Site settlement in which U.S. received significant opposition to entry of the decree
  • Lead attorney in U.S. v. Vineland Chemical Co. (D.N.J.), which resulted at the time in one of the highest civil penalties awarded under the Resource Conservation and Recovery Act

Contact Details

Austin

T +1.512.542.8511
F +1.512.236.3209
cbrooke-davidson@velaw.com
2801 Via Fortuna
Suite 100
Austin, TX 78746-7568
Local time: 11:24 PM
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Carrick's Practices

  • The University of Texas School of Law, J.D. with honors, 1985 (Order of the Coif; The Review of Litigation, Editor in Chief)
  • Massachusetts Institute of Technology, Masters of Science in Technology and Policy, 1980
  • Massachusetts Institute of Technology, Bachelors of Science in Aeronautics and Astronautics, 1978
  • Admitted to practice: Texas; United States District Courts for the Western, Northern, Southern, and Eastern Districts of Texas; United States Courts of Appeal for the Fifth, Seventh, and Tenth Circuits; United States Patent and Trademark Office
  • Assistant Chief (Acting), U.S. Department of Justice, Environment and Natural Resources Division, Environmental Enforcement Section,  September 1994-June 1996
  • Senior Attorney, U.S. Department of Justice, Environment and Natural Resources Division, Environmental Enforcement Section, July 1996-July 1997; May 1990-August 1994
  • Trial Attorney (Attorney General’s Honors Program), U.S. Department of Justice, Environment and Natural Resources Division, Environmental Enforcement Section, October 1985-April 1990
  • Environmental Engineer, Trinity Consultants, Inc., 1980-1982
  • Listed in The Best Lawyers in America© (Woodward/White, Inc.), in the fields of environmental law and environmental litigation since 2008
  • Who's Who Legal (Law Business Research Ltd.), Environment, 2015—2017
  • U.S. Department of Justice Special Commendation for Outstanding Service, 1997
  • U.S. Department of Justice Special Achievement Award, 1989, 1992, and 1996
  • Air and Waste Management Association
  • American Bar Association: Section Memberships – Environment, Energy, and Resources, Co-Chair, Environmental Enforcement and Crimes Committee; Administrative Law and Regulatory Practice; and  Litigation
  • Austin Bar Association: Section Memberships – Administrative; Alternative Dispute Resolution; Civil Litigation; and Environmental Law
  • Central Texas Association of Environmental Professionals
  • Environmental Law Institute
  • Federal Bar Association
  • Houston Bar Association: Section Membership – Environmental Law
  • Board member and former Chairman: Industry Council on the Environment
  • State Bar of Texas: Section Memberships - Administrative and Public Law; Alternative Dispute Resolution; Environmental & Natural Resources; and Litigation; Planning Committee for the Annual Texas Environmental Law Superconference