Gerald Pels

Gerald J. Pels, Chair of the Firm-wide Environmental Section – Energy and Industrial, has been one of the leaders of the Texas environmental legal community for over 30 years. His diverse practice focuses on the areas of environmental compliance, counseling, and litigation.

During his career, Gerry has consistently lead teams working on cutting edge matters of environmental law, including resolving the well-known Cooper v. Aviall litigation and arguing Clean Air Act issues before the 5th Circuit in litigation involving the Texas SIP.

Gerry’s wide range of experience includes agency negotiations, assessing and counseling air, water, stormwater, and waste permit compliance, representing clients at contested permit, enforcement, and other hearings. He has also provided comprehensive assistance and representation to potentially responsible parties and steering committees at both state and federal Superfund sites.

He has been called upon to lead internal environmental investigations and provide strategic guidance on corporate compliance policies, sustainability initiatives, stakeholder involvement, and community relations planning, as well as corporate risk assessment and mitigation. Regarding Gerry, Chambers has quoted an opposing counsel as saying, “You just pray you don’t get him opposite you.”

Representative Experience :

• Representing a major manufacturer in connection with environmental indemnity claims involving response at over 100 facilities in the United States and abroad. The matter settled after three weeks of trial.
• Representing a hazardous waste management facility in connection with re-permitting its solvent recycling and fuels blending units to address VOC emissions on a non-speciated basis and defending related enforcement actions.
• Representing a Fortune 500 manufacturer in connection with potential emissions aggregation at plants in close proximity to one another and development of a strategy to avert major source thresholds.
• Arguing before the Fifth Circuit a defense of the Houston-Galveston SIP against claims brought by various parties, including environmental activist groups.
• Siting and permitting industrial and energy facilities including solid and hazardous waste management facilities, manufacturing plants, power plants, and renewable energy facilities, including wind farms, biodiesel plants, biomass facilities, and others.
• Providing comprehensive representation of potentially responsible parties and steering committees at both state and federal Superfund sites.
• Assisting in the review and preparation of remedial work plans and investigations, feasibility studies, and community relations plans to both establish an evidentiary basis to support litigation and to defend approaches to response.

Professional History :

• Partner, Locke Lord LLP
• Chair, Locke Lord Environmental Section – Energy and Industrial
• Partner, Sutherland Asbill & Brennan LLP
• Adjunct Professor, Environmental Law and Advanced Hazardous Waste Seminar, South Texas College of Law, Houston (1991 – 1997)

Professional Affiliations :

• Member, Association of Chemical Industry of Texas
• Member, Houston Bar Association, Environmental Section
• Member, American Bar Association, Natural Resources and Administrative Law and Regulatory Practice Sections & Cleantech and Climate Change Committee
• Member, Texas Bar Association, Environmental and Natural Resources Section
• Member, Houston Bar Association, Environmental Section

Education :

• J.D., Vanderbilt University Law School, 1983
• A.B., summa cum laud, St. Joseph’s University, 1980

Admissions : Texas, 1983