
Jerry Higdon is partner in the Houston office of Locke Lord LLP. Mr. Higdon practices in the area of environmental law. His experience includes enforcement defense, environmental risk assessment, brownfields redevelopment, environmental permitting, response to citizen protest actions, environmental coordination in defending pollution exposure disputes, and advising members of the energy industry regarding management of environmental issues affecting the upstream, midstream, downstream, and renewables/alternative energy sectors. Mr. Higdon also represents potentially responsible parties at federal and state superfund facilities, counsels on corrective actions, closures, and groundwater remediation, advises on climate change regulation and business planning; assists in the review and modification of operations to address air, water and waste compliance issues for manufacturing, industrial, or waste disposal facilities, performs compliance auditing, and prepares facility compliance programs. In addition, Mr. Higdon assesses, structures, and negotiates the allocation of environmental risk affecting transactions.
Education
- J.D., with honors, The University of Texas School of Law, 1990
Phi Delta Phi - B.B.A., Finance, magna cum laude, Texas Tech University, 1985
Beta Gamma Sigma
Bar Admissions
Representative Experience
- Structuring facility closure strategies to reduce environmental liability and maximize value of emission reduction credits associated with emission sources.
- Representing an international manufacturer in connection with distribution and marketing of products with anti-microbial properties in compliance with Federal Insecticide, Fungicide, and Rodenticide Act requirements.
- Representing an international oilfield service provider in assessing and managing multi-jurisdictional regulatory and residual environmental liability issues associated with entry into hydraulic fracturing business markets.
- Representing an international oilfield service company in developing management strategies for Naturally Occurring Radioactive Materials (NORM).
- Leading the effort to obtain the first Municipal Setting Designation Certificate issued by the Texas Commission on Environmental Quality for property in Houston, Texas.
- Analyzing and structuring an air permitting strategy for waste-to-energy facilities to be co-located at numerous industrial facilities in multiple jurisdictions.
- Defending a construction contractor against a Department of Justice enforcement action for alleged Clean Water Act violations.
- Representing a party purchasing and re-developing a former state superfund site for commercial operation
- Analyzing effects of and opportunities under potential United States climate change regulation for an international company recently investing in the domestic utility provider market.
- Leading the team to obtain a Municipal Setting Designation to permit the Brownfields re-development of approximately 40-acre former rail yard near downtown Houston for potential residential/mixed-use.
- Defending a utility service contractor against a criminal enforcement action for the alleged unauthorized disposal of solid waste.
- Defending a manufacturer against alleged criminal water pollution violations.
- Defending international oilfield service company against alleged violations of the Emergency Planning and Community Right to Know Act (EPCRA).
- Siting and environmental permitting for propylene and bio-diesel facilities on or near the Houston Ship Channel.
- Environmental permitting for the recovery of methane from closed municipal solid waste facilities for beneficial re-use as an energy supply for industrial operations.
- Coordinating the defense of a regional lumber company against simultaneous criminal enforcement proceedings, administrative cleanup actions and private civil lawsuits arising from the alleged disposal of wood treating wastes.
- Representing a local government corporation in the expedited remediation of a former pesticide distribution facility slated to become the location of a new hotel, so that construction and occupancy could remain on schedule.
- Representing an international oil field services company in an environmental indemnity dispute involving manufacturing, mining and storage facilities around the country and abroad. The case settled during the third week of trial.
- Environmental permit modifications to facilitate the residential re-development of property overlying closed construction and demolition waste facilities; and
- Coordinating the expedited environmental remediation of industrial property to permit the expansion of green space and linear parks as part of the renewal of Houston’s signature waterway, Buffalo Bayou.
Publications & Presentations
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Co-Author,
"
Locke Lord QuickStudy: D.C. Circuit Throws Out EPA’s Cross State Air Pollution Rule & Related Federal Implementation Plans
,"
Locke Lord
(August 23, 2012)
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Co-Author,
"
Locke Lord QuickStudy: Fifth Circuit Smacks Down EPA’s Disapproval of Texas’ Flexible Air Permitting Program
,"
Locke Lord
(August 16, 2012)
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Co-Author,
"
Locke Lord QuickStudy: EPA Forges Ahead with New Emission Rules for Power Plants
,"
Locke Lord
(January 3, 2011)
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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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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: Supreme Court Narrows the Interpretation of CERCLA “Arranger” and Joint and Several Liability,"
Locke Lord Bissell & Liddell LLP
(May 8, 2009)
Professional History
- Partner, Locke Lord LLP
- Partner, Sutherland Asbill & Brennan LLP (2006-2009)
- Partner, Locke Liddell & Sapp LLP (2004-2006; 1998-2001)
- Partner, Higdon & Holt LLP (2003-2004)
- Law Office of Gerald D. Higdon (2002)
Professional Affiliations & Achievements
- Member, Houston Bar Association, Environmental Section
- Member, Environmental & Natural Resources Section, State Bar of Texas
- Named, The Best Lawyers in America, Specialty of Environmental Law (2008-2013)
- Named, Chambers USA: America’s Leading Business Lawyers, Environmental Law (2009-2012)
Community Leadership
- Member, Association of Chemical Industry of Texas
- Board of Directors, Buffalo Bayou Partnership
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