Baker Botts L.L.P. generates a substantial amount of toxic tort and nuisance litigation work from clients in the energy sector, running the gamut from occupational exposure in relation to toxins released at manufacturing plants, personal injury and property damage caused by the alleged release of toxins and product liability claims regarding chemical products. The team also excels at defending companies following large-scale environmental incidents, including in crisis response, as well as to deal with the ensuing regulatory inquiries and in any follow-on class action litigation. Drawing upon a deep understanding of the operational issues and litigation risks facing companies in the energy and manufacturing industries, Houston-based Russell Lewis excels in handling these type of multi-faceted mandates, as well as regularly advising clients in the space from a risk management perspective. As well as handling toxic tort and class action litigation arising from environmental issues, Washington DC-based Kent Mayo also often assists clients on compliance and enforcement matters relating to environmental regulations including the Clean Air Act, adding deep insight, in part due to his previous tenure as a trial lawyer in the environmental section of the DOJ. Also based in Washington DC, Joshua Frank combines his legal and scientific background to good effect on behalf of clients seeking to prevail in the defense of citizen suits and government enforcement actions in relation to environmental statutes, as well as in conventional toxic tort matters. Mayo and Frank co-head the team alongside Houston-based Tynan Buthod.  

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Key clients

  • Assertio Therapeutics
  • BASF Corporation
  • CenterPoint Energy
  • DuPont Specialty Products USA, Inc.
  • ExxonMobil
  • Halliburton
  • Intercontinental Terminals Company
  • Tenaris Global Services USA
  • TPC Group
  • Tennessee-American Water Company
  • Union Pacific Railroad
  • West Virginia-American Water Company

Work highlights

  • Representing Intercontinental Terminals Company LLC in the legal proceedings arising out of a fire at ITC’s Deer Park terminal in March 2019.
  • Representing ExxonMobil and related entities in various chemical products cases throughout Texas, Louisiana, and Puerto Rico.
  • Representing Halliburton Energy Services, Inc. in several lawsuits filed by hundreds of plaintiffs in Louisiana asserting groundwater and soil contamination claims. These lawsuits are pending in both federal and state court in Louisiana.

Practice head

The lawyer(s) leading their teams.

Tynan Buthod, Joshua Frank, Kent Mayo

Other key lawyers

Kevin Jacobs, Russell Lewis, Benjamin Gonsoulin, Louie Layrisson, Laura McGonagill