J. Houston Shaner helps his clients secure cost-effective outcomes, from shaping regulations in the notice-and-comment phase through permitting, daily compliance and internal investigations. And when his clients require litigation, Houston is ready to defend their interests in court or before agencies.
Houston focuses on environmental law, particularly litigation under the Clean Water Act, the Clean Air Act and toxic tort law. He has litigated claims related to Section 404 permits, renewal of National Pollutant Discharge Elimination System (NPDES) permits, and Administrative Procedure Act challenges to agency decisions, among other issues.
Houston has also played a leading role in some of the highest-profile public lands litigation touching both Bureau of Land Management (BLM) and U.S. Forest Service (USFS) lands.
Houston also maintains an active hazardous materials and transportation practice. His experience includes representation of rail shipper interests in multimillion-dollar litigation before the Surface Transportation Board, advice and counseling on pipeline enforcement matters issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA), and preparation of industry comments on PHMSA regulations.
Representative Matters :
- Defending a client in citizen-suit litigation under Section 404 of the Clean Water Act for claims related to ash pond leachate collection.
- Advised an electric utility client on numerous compliance, administrative, enforcement and long-term strategy matters under the Clean Air Act, the Clean Water Act and a federal consent decree.
- Served as the lead associate on high-profile public lands litigation involving issues of first impression under the Antiquities Act and the National Landscape Conservation System.
- Authored a report on an internal investigation for the board of directors of a major international manufacturer.
Professional and Community Involvement : Member, Environment, Energy and Resources Section, American Bar Association
Professional Experience : Law Clerk to the Honorable Julia S. Gibbons of the U.S. Court of Appeals for the Sixth Circuit, Memphis, Tennessee, 2014-2015
- Harvard Law School, J.D., cum laude, 2014, Supervising Editor, Harvard Journal on Legislation
- Vanderbilt University, B.A., summa cum laude, 2009, Economics and Mathematics
BAR ADMISSIONS : Alabama, District of Columbia, Georgia
COURT ADMISSIONS :
- U.S. Court of Appeals for the District of Columbia
- U.S. District Court for the District of Columbia
- U.S. District Court for the Western District of Tennessee
Rate : $$$