Bane Phillippi concentrates his practice in the areas of water rights, regulatory enforcement and compliance, environmental issues associated with oil and gas facilities and real estate transactions, and environmental litigation. He has prosecuted to verdict more than fifteen jury trials.
Bane is an officer in the United States Navy Reserve.
Selected Client Representations
- Chemical and energy companies regarding U.S. Department of Homeland Security Chemical Facility Anti-Terrorism Standards.
- Various companies regarding U.S. Department of Transportation Hazardous Materials Regulations.
- Due diligence of water rights for several power plants located in various watersheds, which included securing title insurance for surface water rights.
- Oil and gas producers purchasing water rights in Texas Panhandle and East Texas.
- Oil and gas producers and real estate developers regarding issues related to land use, including wetlands permitting and Endangered Species Act issues, including regulations interpretation and scoping of habitat reviews and species surveys.
- The Coalition Provisional Authority and U.S. State Department in drafting a model comprehensive environmental statute to be used as a template for the Iraq Ministry of Environment.
- An oil exploration company in Oil Pollution Act enforcement action brought by Department of Justice and U.S. Coast Guard.
Select Publications and Presentations
- Author/Speaker, "Security Issues in the Oil and Gas Industry," CAIL Oil and Gas Law Conference
- Speaker, "Environmental Due Diligence in Oil & Gas Transactions," NMOGA 78th Annual Meeting
- Speaker, "CERCLA and All Appropriate Inquiry," 15th Annual Outlook for Texas Land Markets
- Co-Author, Business Transactions Chapter of West Publishing's Texas Practice Series, Environmental Law
- Speaker, "Homeland Security: Water Safety, Concerns and Protection," Texas Water Law CLE
Recent Activities and Honors
- Appointed by Texas Governor Rick Perry to the Judicial Compensation Commission (2009)
- Past Chair United Way Capital Area Young Leaders Society
- Named to "Best Lawyers in America" for Environmental Law (2008-2012); Water Law (2007-2012)
- Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2004-2010)
- Named "Rising Star" in the Central Texas business community by Austin Business Journal (2004)
Selected Representative Experience
Online Publications
07/08/2009 -
House Passes American Clean Energy and Security Act
On June 26th, the House of Representatives narrowly passed the American Clean Energy and Security Act (“ACES”), H.R. 2454. The bill will next be considered by the Senate, with some predicting a full Senate vote held in October. Because of the significance of this bill and the material effect it will have on many sectors of the economy, we thought it would be useful to summarize the House-passed version.
04/07/2009 -
EPA Sheds Light on Availability to Tenant of Bona Fide Prospective Purchaser Defense to Avoid CERCLA Liability
Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, tenants—as well as landlords—may be considered present or past owners or operators of contaminated properties, and thus liable as "potentially responsible parties" (PRPs) for the substantial costs of investigating and remediating contamination, regardless of fault. Recently, the Environmental Protection Agency (EPA) issued guidance regarding the availability of a particular CERCLA defense to tenants. Although there are other arguments and defenses against liability, prospective tenants may wish to consider the protections afforded by this defense and the steps necessary to take advantage of it.
06/07/2007 -
EPA/CORPS Issue Guidance Regarding Clean Water Act §404 Jurisdiction
08/07/2003 -
Water Rights/Quality - Water Quality-Hot Issues
12/01/2002 -
New Federal Brownfield Legislation
10/15/2001 -
Water Quality Enforcement
02/01/2001 -
Transactions - Environmental Issues Facing the Real Estate Developer
The Changing Face of Water Rights in Texas 2001