Environmental Permitting

Energy extraction, generation, transmission, and delivery present owners and operators with a maze of regulatory burdens, obstacles, rules, and requirements. Land development, commercial construction, water use, and wastewater discharge likewise depend upon obtaining environmental permits. If you need guidance through this maze, Cobb & Counsel will lead the way.

Permitting Litigation:  We aren’t simply environmental lawyers, we are environmental litigators. We try cases. We have litigated Texas Commission on Environmental Quality (TCEQ) air and wastewater permits, Railroad Commission of Texas (RRC) mining permits, county floodplain permits, and numerous other land and property use disputes.

Cobb was also instrumental in the defense against EPA’s assault on Texas’s air-permitting program. While he managed Texas’s efforts to reverse the EPA’s denial of Texas’s Qualified Facilities and Pollution Control Project Standard permits, Cobb personally presented oral argument at the United States Court of Appeals for the Fifth Circuit in defense of the Texas Flexible Permit program.

TCEQ Enforcement Actions:  During his three years at the Texas Attorney General’s Office, Bill Cobb represented the State of Texas in numerous environmental enforcement actions, and personally negotiated a record-breaking $50 million settlement against a major refinery for numerous violations of the Texas Clean Air Act. In private practice, Cobb uses his experience and knowledge of the enforcement climate and process to provide his clients litigation avoidance counseling and assistance in resolving Texas Commission on Environmental Quality (TCEQ) enforcement actions.

EPA Rule Challenges:  Rule challenges begin with Comments, and Cobb & Counsel works with its clients to develop evidence that proposed and final regulations are arbitrary and capricious. Once the administrative evidentiary record is complete, our appellate advocacy skills enable us to present our cases persuasively to the Courts of Appeal reviewing agency actions.

Cobb was at the vanguard of challenging EPA’s greenhouse gas regulatory regime. As Special Assistant and Senior Counsel to Texas Attorney General Greg Abbott, Cobb was responsible for six separate challenges to EPA’s greenhouse gas rules, including coordinating multi-state challenges to EPA’s Endangerment Finding, Tailpipe Rule, and Timing and Tailoring Rules. He also spearheaded Texas’s response to EPA’s SIP call, and imposition of a Federal Implementation Plan (FIP) for greenhouse gas permits.

In private practice, Cobb represented numerous electrical generation providers in various rule challenges, and appeared before the United States Court of Appeals for the D.C. Circuit to present oral argument on behalf of several industry petitioners challenging EPA’s Mercury Air Toxics Standards Rule.

If you need counsel from one of our environmental permitting attorneys, contact us today, or call 512-693-7570.


Cobb & Counsel PLLC

Principal Office in Austin, Texas

401 Congress Avenue, Suite 1540
Austin, Texas 78701