The Law Office of John J. Vay represents clients and provides counseling in the following areas:
Solid Waste Management:
Industrial hazardous and nonhazardous solid waste management, permitting, compliance and enforcement under federal and state regulatory programs, including the federal Resource Conservation and Recovery Act (RCRA) Subtitle C program and the Texas Solid Waste Disposal Act (TSWDA)
Municipal solid waste (MSW) management, permitting, compliance and enforcement under federal and state regulatory programs, including the federal RCRA Subtitle D program and the TSWDA
Wastewater Management:
Industrial and municipal wastewater and storm water management, permitting, compliance and enforcement under federal and state regulatory programs, including the federal Clean Water Act (CWA) and the Texas Water Code (TWC)
Concentrated animal feeding operation (CAFO) and feedlot permitting, compliance and enforcement under the CWA and the TWC
Air Emissions:
Air quality management, permitting and compliance under federal and state regulatory programs, including the federal Clean Air Act (CAA) and the Texas Clean Air Act (TCAA), including new source review permits, standard permits and permits-by-rule under state regulatory programs
Toxic Substances:
Toxic substance management, compliance and enforcement under federal and state regulatory programs, including asbestos, lead and PCBs under the federal Toxic Substances Control Act (TSCA) and the Texas Solid Waste Disposal Act (TSWDA)
Storage Tanks:
Aboveground, underground and petroleum storage tank (PST) compliance, remediation and reimbursement under the Texas Water Code (TWC)
Recycling Programs:
Used oil, waste tires, and other recycling programs under the Texas Water Code (TWC) and the Texas Solid Waste Disposal Act (TSWDA).
Injection Wells:
Underground injection control and waste disposal well permitting, compliance and enforcement under the federal Safe Drinking Water Act (SDWA) and the Texas Water Code (TWC), including Class I hazardous and non-hazardous wastes disposal wells and Class III in situ uranium mining
Site Remediation:
Innocent Owner Program (IOP) activities and certification under the Texas Solid Waste Disposal Act (TSWDA)
Voluntary Cleanup Program (VCP) activities and certification under the TSWDA
Dry Cleaner Remediation Program (DCRP) activities and certification under the TSWDA
Corrective action and spill response activities under federal and state regulatory programs, including the federal Resource Conservation and Recovery Act (RCRA), federal Clean Water Act (CWA), Texas Solid Waste Disposal Act (TSWDA) and Texas Water Code (TWC)
'Superfund' Matters:
Investigation and remediation of hazardous substance and solid waste releases under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Texas Solid Waste Disposal Act (TSWDA)
Cost recovery and contribution claims for environmental response costs under CERCLA and TSWDA
Reporting releases of hazardous and extremely hazardous substances and compliance under CERCLA and the Emergency Planning and Community Right to Know Act (EPCRA)
Transactions:
Environmental site assessment (ESA) review and counseling
Assessment and negotiation of environmental liabilities associated with purchase and sale of real property and business assets and commercial lending transactions
Negotiation of site access agreements for environmental remediation and corrective action
Compliance Counseling:
Environmental audits under federal and state self-audit and disclosure programs and policies, including the Texas Environmental, Health and Safety Audit Privilege Act
Preapplication consultation and draft application review and comment in support of permitting and licensing activities before local, state and federal regulatory agencies
Natural Resources:
Wetlands permitting and compliance, including under Section 404 of the Clean Water Act (CWA) and other land use and development issues
Endangered Species Act (ESA) compliance
Oil and Gas Waste:
Oil and gas waste management and permitting under the Texas Natural Resource Code (NRC) and the Texas Water Code (TWC) including Class II injection wells, land treatment facilities, and naturally occurring radioactive materials (NORM)
Water Rights:
Surface water management and permitting under the Texas Water Code (TWC)
Subsurface water management and permitting under the TWC, including groundwater conservation district permitting and compliance
Utilities and Ratemaking:
Water and sewer utility certificates of convenience and necessity (CCNs)
Retail and wholesale rates, including regulated water and sewer utilities and waste disposal facilities
Administrative Hearings:
Contested hearings subject to the Texas Administrative Procedure Act (APA) before the State Office of Administrative Hearings (SOAH), Texas Commission on Environmental Quality (TCEQ), Railroad Commission of Texas (RRC), and other administrative agencies and governmental bodies
Contract hearings examiner or presiding officer in contested proceedings before governmental bodies including groundwater conservation districts
Rulemaking:
Regulatory agency rulemaking and policy development, including comments and proceedings before the Texas Commission on Environmental Quality (TCEQ), Railroad Commission of Texas (RRC), and Texas Department of Health (TDH)
Civil Litigation:
Litigation support in state and federal district court proceedings concerning environmental issues, including claims under CERCLA, the Clean Water Act (CWA), the Oil Pollution Act (OPA), the Texas Solid Waste Disposal Act (TSWDA), the Texas Water Code (TWC), and other statutory and common law claims
Judicial challenges and appeals of agency decisions and rulemaking under the Texas Administrative Procedure Act (APA) and other statutes
Expert testimony on environmental regulatory and administrative law matters
Alternative Dispute Resolution / Mediation:
Qualified for appointment as an impartial third party (e.g., mediator) under Tex. Civ. Prac. & Rem. Code §154.052
Open Government Issues:
Texas Public Information Act (PIA) and federal Freedom of Information Act (FOIA) compliance and counseling
Texas Open Meetings Act (OMA) compliance and counseling
Legislative Issues:
Legislative drafting, testimony and representation during regular and special called sessions of the Texas Legislature
Lobbyist registration, reporting and compliance counseling under programs administered by the Texas Ethics Commission (TEC)
Not certified by the Texas Board of Legal Specialization. Certification is not available in the areas of environmental, natural resources, water and utility law.
