Franchek, Richard

Richard Franchek

Senior Counsel



Richard Franchek is involved in a wide variety of environmental regulatory matters that include issues associated with air emissions, wastewater discharges, storm water runoff, wetlands, NEPA compliance, solid/hazardous waste, and water rights. Due to his background in resource management with the Natural Resource Conservation Service, Richard is able to incorporate practical experience in addressing the client's regulatory needs.

Richard has extensive experience in NEPA compliance for transportation projects, including all aspects of environmental assessment (EA), environmental impact statement (EIS) and permit review; environmental due diligence reviews for mergers and acquisitions (including oil and gas facilities, and pipelines); the acquisition, transfer, and modification of water rights; property development; wetlands mitigation; and agency coordination. He has overseen and coordinated the development of structured air, water, and waste permit applications for manufacturing, industrial, and waste disposal facilities; facilitated compliance auditing; and prepared facility compliance programs. Richard's experience extends not only to identifying environmental risk but directing and coordinating the cleanup of contaminated properties in many different jurisdictions across the United States.

Representative Experience

  • Wetlands and other Waters of the U.S. ExperienceMr. Franchek has extensive experience in counseling clients and acquiring permits for projects impacting “waters of the U.S.” This experience includes projects located in multiple states, including Texas, Massachusetts, California, and Louisiana. He has also represented clients creating mitigation banks that have been approved by the Corps of Engineers.
  • Air Experience – Mr. Franchek has overseen and managed permit applications for air authorizations in both attainment and non-attainment areas throughout the United States. These air authorizations have included individual permits, Title V permits, construction permits, standard permits, de minimis permits, and permits-by-rule. He has also evaluated major facilities for compliance with air regulations on both the state and federal level.
  • Water Rights –  Mr. Franchek's experience with water rights involves securing water from both surface and ground water sources. This experience includes acquiring, transferring, and modifying water rights permits; acquiring rights to groundwater for future development; and identifying the permitting needs for a major desalination plant.
  • Environmental Due Diligence – Mr. Franchek has directed environmental due diligence reviews for major acquisitions across the United States. This experience includes air, water, wastewater, and waste regulatory reviews, and the negotiation and preparation of environmental components to stock purchase and asset purchase agreements. Examples of industries represented include electric generating facilities, solid waste facilities, oil and gas facilities, pipelines, and industrial facilities.
  • Environmental Cleanups –  Mr. Franchek has represented many corporations and individuals before regulatory agencies in the cleanup of contaminants released into the environment. He has extensive experience in voluntary cleanup programs in many different jurisdictions.
  • NEPA Compliance – Mr. Franchek's regulatory experience includes compliance with all of the requirements of NEPA and the obtaining of necessary permits for major transportation projects across Texas. His experience includes the early identification and resolution of issues relating to permitting requirements; compliance with the transportation conformity requirements of the Clean Air Act; analysis of indirect and cumulative impacts; alternative roadway alignments; floodplain issues; developing procedures for the handling of contaminated soil; preparing a safety lighting policy; and reviewing the section 4(f) analysis. Mr. Franchek also provides guidance on the public hearing presentations.

Professional History

  • Associate, Fisher & Newsom, P.C. (1995 - 1998)
  • Conservationist and Supervisor, Natural Resource Conservation Service (1982 - 1992)

Professional Affiliations and Recognitions

  • Member, Dallas Bar Association, Environmental Section
  • Member, State Bar of Texas
  • Responsible for overseeing article development for the Texas Environmental Compliance Update (1998-2005) and has written over 80 articles dealing with environmental compliance
  • Conducted numerous presentations at technical conferences on GIS technology (1988-1992)