Education
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Harvard Law School, J.D., cum laude, 1987
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University of Oklahoma, B.A., with highest honors, 1984
Bar Admissions
Court Admissions
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U.S. Court of Appeals for the 8th Circuit
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U.S. Court of Appeals for the 5th Circuit
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U.S. District Court for the Northern District of Texas
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U.S. District Court for the Western District of Texas
Awards and Honors
- Super Lawyer, Super Lawyers Business Edition magazine (2011)
- The Best Lawyers in America - Environmental Law, (2006-2010)
- Dallas Environmental Lawyer of the Year, The Best Layers in America (2010)
- Chambers USA - Environmental Law, Chambers & Partners (2004-2010)
- Super Lawyer, Texas Super Lawyers magazine (2008-2010)
- Best Lawyers in Dallas, D Magazine (2007)
- Who’s Who Legal: Texas - Environmental Law (2007)
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Scott Deatherage advises clients on a variety of environmental, renewable energy, climate change and greenhouse gas regulation. His practice focuses on permitting, compliance, administrative law and judicial litigation on a variety of environmental issues including air emissions, wastewater discharges, hazardous waste, hazardous substances and toxic substances.
Mr. Deatherage represents clients before local, state and federal environmental agencies, and state and federal courts. He has significant experience representing oil and gas, industry, finance and real estate clients with respect to environmental matters.
Mr. Deatherage is an active member of the Patton Boggs Renewable Energy Team comprised of business, policy and regulatory lawyers representing lenders, developers and service providers in the renewable energy sector. He has advised clients on wind and other renewable energy projects, including siting and environmental permits and other legal issues, and has advised clients regarding government and utility incentives relating to renewable and energy efficiency projects.
He also advises clients in the areas of climate change and greenhouse gas regulation, including greenhouse gas reporting, strategies for preparing for potential climate change legislation at the state and federal level, greenhouse gas offsets and carbon credits, environmental and climate change disclosure and the EPA approach to regulating large sources of greenhouse gas emissions under the existing Clean Air Act.
Mr. Deatherage authors two environmental related blogs where he publishes articles, commentary and analysis of ever-evolving legal issues, policy and developments in environmental law. “Law and the Environment” covers complex, legal and scientific issues relating to law and the environment. “The New Carbon Cycle” covers the law and policy of, climate change and greenhouse gas regulation, renewable energy and energy efficiency.
Representative Matters:
- Advised client regarding the Oil Pollution Act and the liabilities arising from the Act, limits of liability, defenses and other matters relating to the Act and the recent Gulf of Mexico oil spill.
- Represented oil company in litigation and government enforcement in major oil spill to wetlands being developed as a wetlands mitigation bank.
- Represented clients in carbon credit project development, trading arbitrations and settlement.
- Advised oil refinery on the potential impact of future climate change legislation.
- Represented clients in air emissions permitting and enforcement matters, including new source review under the Prevention of Significant Deterioration Program and “major modification” issues.
- Negotiated options agreement for Latin American company with New York carbon credit investment firm.
- Represented clients in emission reduction credit purchase matters.
- Advised buyers, sellers and lenders regarding environmental liability issues in oil and gas, real estate, pipeline, mining and manufacturing transactions and mergers and acquisitions of companies.
- Worked with other private attorneys and the Texas Natural Resource Conservation Commission to draft legislation that became the Texas Innocent Owner/Operator statute, and subsequently worked with this agency to develop regulations for implementation.
- Represented clients in toxic tort and property damage litigation, including groundwater contamination cases, an air emissions case with more than 800 plaintiffs and a case involving underground injection wells.
- Represented clients in judicial and administrative litigation in hazardous waste and CERCLA actions, including trial and appeal of case in which joint and several liability was avoided for the first time in a government cost recovery action under CERCLA.
- Represented clients in judicial litigation in private property damage suits involving releases from petroleum storage tanks, including a class action suit involving several major oil companies in Texas.
- Advised numerous clients in Brownfield redevelopment projects on environmental due diligence, evaluation of potential liability risks and risk management techniques, review of contractual provisions and indemnities, and evaluation and negotiation of environmental insurance polices.
Professional Affiliations:
- Texas Representative, State Law Advisory Committee for the Bureau of National Affairs Environmental Due Diligence Guide
- Member, International Energy Institute; Chair, Power and Alternative Energy Committee
- Member, American Bar Association; Chair, Environmental Disclosure Committee; Natural Resources Section; Administrative Law and Regulatory Practice Section; Environment, Energy, and Resources Section
- Member, State Bar of Texas; Environmental and Natural Resources Law Section (selected to serve on the board of the Environmental Committee, 1998-2001); Administrative Law Section
- Member, Dallas Bar Association; Environmental Law Section Chair 1997, member of the Executive Council and various officer positions 1991-1997, Program Co-Chair 1987-1988
- Member, Dallas Young Lawyers Association; Chairman, National Law Week Committee, 1990
- Member, Dallas Chamber of Commerce Environmental Task Force
- Member, Richardson Chamber of Commerce Environmental Committee
Professional Affiliations:
- Member, Principal Solar Advisory Board
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