Ben Cowan’s environmental law practice covers regulatory and compliance issues, civil and criminal enforcement defense, and real estate and corporate transactional matters. He has extensive experience in contaminated property assessment and remediation, brownfields redevelopment, environmental due diligence and risk management for commercial transactions, development and implementation of environmental auditing programs, and environmental management systems. Mr. Cowan has also represented PRPs in the Superfund process, serving as common counsel for PRP groups and managing air, water, and waste permitting issues for large and small industrial and commercial clients.
Representative Experience
- Represented North American arm of an international utility in the permitting and financing of multiple wind farms with more than 1,000 MW of generation capacity.
- Advised major energy company clients in the permitting, development and construction of major interstate natural gas pipelines and multiple interstate crude oil pipelines, including development of required FERC Resource Reports and coordination of NEPA EA and EIS processes.
- Represented large terminalling services company in the leasing of brownfield areas at multiple terminals across the U.S. to various alternative energy companies for the development of co-located biodiesel refineries.
- Management of complex remediation of multi-plume chlorinated solvent contamination at industrial facility in vicinity of Superfund site, balancing strategic considerations due to simultaneous indemnity litigation and pending transaction.
- Obtained one of the first Municipal Settings Designations (MSDs) issued in Texas, resulting in residential-based closure of chlorinated solvent plume.
- Counseled national plastic products manufacturer regarding air permit requirements applicable to existing and proposed new manufacturing facilities.
- Defense and settlement of criminal charges against local plant and plant manager of national manufacturing company resulting in assessment of no penalties against company or plant manager.
- Managed environmental due diligence for acquisition of $450 million commercial real estate portfolio.
- Counsel to national home builder on storm water permitting and compliance matters.
- Counseled major foodstuffs manufacturer regarding classification and disposal options for byproducts.
- Defended real estate development company against alleged Clean Water Act wetlands violations and obtained after-the-fact permits for same without penalty.
- Research and development of legal arguments in complex environmental indemnity litigation involving contamination of drilling fluid sites in multiple states and Canada.
- Represented major U.S. energy company in siting, construction, and brokering of natural gas fired power plant.
- Represented large energy firm in acquisition of underground natural gas storage and pipeline system.
- Coordinated environmental permitting and indemnification issues for resin and versatics manufacturing company following spin-off from oil major.
- Represented foreign entity in acquisition and permitting of large oil refinery.
- Managed environmental due diligence in roll-up of thirteen printing and publishing companies in multiple states.
Education
- J.D., Vanderbilt University Law School, 1997
- M.A., Marine Affairs, University of Virginia, 1995
- B.A., Marine Affairs, cum laude, University of Miami, 1992
Bar Admissions
Publications & Presentations
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Co-Author,
"Client Alert: A Blow to Public Nuisance Law,"
Locke Lord
(August 10, 2010)
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Co-Author,
"Client Alert: Global Warming Nuisance Litigation is Too Hot for the Fifth Circuit,"
Locke Lord
(June 7, 2010)
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Co-Author,
"Client Alert: Target Industry: EPA Issues Final GHG Permitting Rule,"
Locke Lord
(May 27, 2010)
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Author,
"Client Alert: EPA Proposes to Expand GHG Reporting Rule to Petroleum and Natural Gas Sector,"
Locke Lord
(March 26, 2010)
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Co-Author,
"Client Alert: SEC Guidance Highlights Need for Climate Change-Related Disclosures,"
Locke Lord
(February 12, 2010)
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Co-Author,
"Client Alert: Ill Winds for Wind Development: Federal Court Halts Operation and Continued Development of W.V. Wind Farm Due to Potential Impacts on Endangered Indiana Bat,"
Locke Lord
(December 11, 2009)
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Co-Author,
"Client Alert: The Action Heats Up in Global Warming Nuisance Litigation: Fifth Circuit Follows Second in Allowing Claims to Proceed in Comer, While Northern District of California Dismisses Kivalina,"
Locke Lord
(October 28, 2009)
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Contributor,
"Locke Lord's Energy Calendar 2009 (November/December),"
Locke Lord
(October 27, 2009)
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Co-Author,
"Client Alert: EPA’s Proposed Climate Change Regulations Could Spell Hot Water for Industry,"
Locke Lord
(October 7, 2009)
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Co-Author,
"Client Alert: EPA Finalizes Greenhouse Gas Emissions Reporting Rule Effective January 1, 2010,"
Locke Lord
(September 30, 2009)
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Co-Author,
"Client Alert: The Dam Breaks: Second Circuit Holds that Political Question Doctrine Does Not Preclude a Public Nuisance Claim for Alleged Contributions to Global Warming,"
Locke Lord
(September 29, 2009)
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Co-Author,
"Client Alert: Tax Credit Program Application Deadline: September 16, 2009 For Qualified Advanced Energy Manufacturing Projects,"
Locke Lord
(August 31, 2009)
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Contributor,
"Locke Lord's Energy Calendar 2009 (September/October),"
Locke Lord
(August 27, 2009)
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Co-Author,
"Client Alert: Treasury Opens the Vault: Applications Now Being Accepted for Renewable Energy Cash Grants,"
Locke Lord
(August 3, 2009)
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"Client Alert: Deadline Approaching For Top-Screen Reports Under Department Of Homeland Security Chemical Facilities Anti-Terrorism Standard"
Professional History
- Partner, Locke Lord Bissell & Liddell LLP
- Associate, Bracewell & Patterson, LLP (May 1999 - April 2002)
- Associate, Porter & Hedges, LLP (September 1997 - April 1999)
Professional Affiliations & Achievements
- Director, Houston Climate Alliance
- Member, Greater Houston Partnership Carbon Trading Task Force
- Board Member, Houston Bar Association - Environmental Law Section
- Member, State Bar of Texas - Environmental and Natural Resources Section
- Member, Houston Young Lawyers Association
- Member, Texas Association of Environmental Professionals
- Member, Greater Houston Builders Association
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