Lori Warner focuses her practice on environmental law and has broad, practical experience in advising and representing businesses in regulatory matters arising under all significant federal environmental statutes, including the Clean Air Act, Clean Water Act, Oil Pollution Act, Superfund, RCRA, and Toxic Substances Control Act, and state and local equivalents. Ms. Warner has extensive experience in advising clients on reducing and managing environmental liabilities, analyzing regulatory applicability, compliance counseling, enforcement response, and contaminated site remediation. Ms. Warner regularly represents clients in negotiations with federal and state agencies and third parties in enforcement, permitting and contamination matters. Her practice also includes counseling on environmental aspects of commercial transactions, including options for minimizing environmental risk, retaining and managing environmental consultants, and significant drafting and negotiation of environmental and other complex agreements. Prior to practicing law, Ms. Warner worked for ten years in oil and gas exploration.
Practice Areas/Experience
Retained by City of Houston since 2001 to provide ongoing environmental regulatory and compliance counseling to Houston Airport System in its operation of three commercial airports, including advising regarding development and implementation of emissions reduction plans, greenhouse gas monitoring and reporting, Title V permitting, compliance audits, environmental management systems, storm water compliance, and remediation of bulk storage contamination.
Hands-on environmental representation in several gas storage development projects that encompassed determination of applicable federal and state permit programs and securing of required approvals, including permits for construction and operation of new air sources, Title V, synthetic minors, raw water supply, waste water discharge, wetlands and water quality certifications, pipeline construction and hydrostatic water, soil erosion and sediment control, endangered species, cultural resources, and others.
Represented a major oil company over an 18-month period in numerous matters in at least 17 jurisdictions throughout the country during a major property divestiture program. As counsel, coordinated clean-up efforts with state regulators, environmental consultants, and in-house environmental engineers in various states including California, Colorado, Florida, Indiana, Hawaii, Louisiana, Maryland, New Jersey, New York, and Texas. Routinely resolved issues with former lessors and lessees, current landowners, lenders, and redevelopers regarding coordination of ongoing remedial efforts with planned property development, including applicable clean-up standards, trust fund reimbursement, responsibility for disposal of impact soil or water, stockpiling of soils, waste water discharge, analytical sampling, incremental cost increases attributable to site developer’s special needs, and pass-through indemnities.
Represented major and de minimis member clients in PRP groups and related matters at state and federal Superfund sites including San Jacinto River Waste Pits, Malone Service Company, Inc., Gulf Nuclear, Bridgeport Rental & Oil Services, Materials Recovery Enterprises, French Ltd., North Cavalcade Street, Many Diversified Interests, Inc., Sikes Disposal Pits, and Bailey Waste Disposal.
Represented numerous commercial landowners in dispute resolution and administrative proceedings concerning the release and migration of petroleum products and hazardous materials in all environmental media, and coordinated remedial process among various stake-holders.
Represented oil producer in settlement of alleged Clean Water Act violations stemming from five pipeline ruptures in coastal marsh oil field. Negotiated agreed consent decree settlement and penalty reduction with DOJ and EPA to resolve federal liability. Negotiated favorable settlement with Louisiana Department of Environmental Quality and successfully refuted penalty proposed by State Police to resolve state liability.
Assisted foreign corporation with siting and permitting of new chemical vapor deposition metal coating facility in Harris County, Texas, an ozone non-attainment area, including evaluation of applicability of Title V, New Source Review, and Prevention of Significant Deterioration programs.
Professional Background
Ms. Warner has been licensed in Texas since 1993. She earned a Masters of Law (Environmental, Energy, and Natural Resources) from University of Houston in 1996, and received her Doctor of Jurisprudence, cum laude, from South Texas College of Law in 1993. She received her Bachelor of Sciences (Geological Sciences) from University of Illinois in 1983 and worked for ten years in the oil and gas industry.
Ms. Warner served as a federal judicial law clerk to the Honorable Vanessa D. Gilmore, United States District Court, Southern District of Texas in 1994-1995, and served as an appellate briefing attorney to the Honorable Susan Larsen, Eighth Court of Appeals, El Paso, Texas in 1995-1996.
Prior to joining Jackson Gilmour & Dobbs, PC, Ms. Warner was a partner at Adams and Reese, LLP, and at Connelly Baker Wotring & Jackson, LLP, and practiced as an associate with Mayor, Day, Caldwell & Keeton, LLP, and with Porter & Hedges, LLP.
Professional Activities
AV rated by Martindale Hubbel
American Arbitration Association 2010 Higginbotham Fellows Program award recipient for alternative dispute resolution training
American Bar Association, Vice Chair of Pesticides, Chemical Regulation and Right-to-Know Committee, Section of Environmental, Energy and Resources (2009-2010)
State Bar of Texas, Environmental and Natural Resources Section; Real Estate Section
Houston Bar Association, Lawyers Against Waste Committee, Past Chair (2007-2008; 2008-2009), Coordinator (since 2001); Environmental Section; Real Estate Section
Commercial Real Estate Women (CREW) Houston, Community Outreach Committee (2009; 2010); Grant Making Committee (2009; 2010)
South Texas College of Law 2010 Real Estate Law Conference Planning Committee
Texas Bar Foundation, Fellow
Houston Bar Foundation, Life Fellow
Presentations & Publications
The Potential Impact of United States v. Lopez on Environmental Regulation, 7 Duke Envtl. L. & Pol’y Forum 321 (1997).
Remediation and Redevelopment of Contaminated Properties, speech and paper presented at HBA Real Estate Section Seminar, April 2009.
Negotiating Access Agreements, speech and paper presented at Shell Oil Products US, Property and Planning In-House CLE, July 2005.
Implications of “Navigable Waters” on Upstream/Downstream Operations, speech presented at “Legal Update – Hot Topics and the Law” Shell Oil Company In-House CLE, May 2004.
