J. Houston Shaner

Associate

Atlanta
Business Phone: 404.885.3909
Business Fax: 404.885.3900

houston.shaner@troutman.com

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Houston Shaner 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 United States Forest Service (USFS) lands.

Houston has extensive experience counseling clients on compliance, permitting, and investigations related to the Clean Water Act, the Clean Air Act (including both stationary and mobile sources), the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Emergency Planning and Community Right-to-Know Act (EPCRA), the Endangered Species Act (ESA), the Federal Power Act, and the Coastal Zone Management Act (CZMA).

Houston also maintains an active hazardous materials and transportation practice. His experience includes representation of rail shipper interests in multi-million-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 client in citizen-suit litigation under Section 404 of the Clean Water Act for claims related to ash pond leachate collection
  • Advising client on NPDES permit renewals and challenges to permits
  • Advised electric utility client on numerous compliance, administrative, enforcement, and long-term strategy matters under the Clean Air Act, Clean Water Act, and a federal consent decree
  • Lead associate on high-profile public lands litigation involving issues of first impression under the Antiquities Act and the National Landscape Conservation System
  • Assisted hydropower utility in negotiations with public land agency over environmental conditions in hydropower license
  • Authored report on internal investigation to the board of directors of a major international manufacturer
  • Advised OEM and aftermarket clients on numerous mobile source compliance questions under the Clean Air Act
  • Counsel of record for trade association and shippers in multi-million dollar administrative litigation against a railroad under the unreasonable practice provision of the ICC Termination Act

Professional and Community Involvement

  • Member, ABA Section of Environment, Energy, and Resources

Professional Experience

  • Associate, Hogan Lovells US, LLP, Washington, DC October 2015 – February 2018
  • U.S. Court of Appeals for the Sixth Circuit, Hon. Julia S. Gibbons, Memphis, Tennessee, 2014 - 2015

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Education

  • Harvard Law School, J.D., 2014
    cum laude
    Supervising Editor, Harvard Journal on Legislation
  • Vanderbilt University, B.A., 2009
    summa cum laude
    Economics and Mathematics

Bar Admissions

  • Alabama
  • District of Columbia
  • Georgia

Court Admissions

  • U.S. Court of Appeals for the District of Columbia
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Western District of Tennessee