Gerald D. Higdon

Jerry focuses his national practice on advising members of the energy industry on the management of environmental issues affecting the renewables/alternative, upstream, midstream, and downstream energy. As a longtime member of the Houston and Texas environmental legal community, he regularly advises clients on the gathering, disposal, re-use, and recycling of produced water, and other oil and gas wastes.

Jerry routinely defends clients in state and federal environmental enforcement proceedings; develops, and implements environmental permitting and planning strategies to facilitate a client’s more rapid response to changing business climates and growth opportunities; and assesses, structures, and negotiates the allocation of environmental risk affecting transactions.

Jerry also represents potentially responsible parties at federal and state Superfund facilities; counsels on cost-effective and efficient remediation strategies; assists in the review and modification of operations to address environmental compliance issues for manufacturing, industrial, or waste disposal facilities; and represents clients in litigation and other disputes regarding responsibility for environmental liabilities.

• Defending oil and gas operators from alleged Clean Air Act violations arising from the EPA’s flyover investigations using OGI technology.
• Advising plastic recyclers and brokers regarding environmental compliance obligations.
• Coordinating the performance of environmental audits under the Texas Environmental, Health and Safety Audit Privilege Act, and similar programs in other states, to achieve environmental compliance and mitigate the risk of penalties.
• Advising regarding the environmental regulatory aspects of the acquisition or divestiture of salt water gathering and disposal facilities.
• Analyzing and structuring an air permitting strategy for waste-to-energy facilities to be co-located at numerous industrial facilities in multiple jurisdictions.
• Environmental permitting for the recovery of methane from closed municipal solid waste facilities for beneficial re-use as an energy supply for industrial operations.
• Devising regulatory remediation strategies to “upgrade” the closure of previously remediated properties, including state superfund sites, to permit re-use and higher end re-development.
• Representing a publicly traded power producer in the acquisition and due diligence of several hydro-electric facilities in the Northeastern U.S.
• Coordinating the due diligence, risk management, and regulatory remediation strategies to permit the development of former oilfields.
• Leading the team to obtain the first certificated Municipal Setting Designations in both Houston, TX, and Katy, TX.
• Representing international manufacturers in connection with the registration, sale, distribution, and marketing of products with anti-microbial or pesticidal properties in compliance with Federal Insecticide, Fungicide, and Rodenticide Act requirements.
• Defending a construction contractor against a Department of Justice enforcement action for alleged Clean Water Act violations.
• Leading the team to obtain a Municipal Setting Designation to permit the Brownfields re-development of an approximately 40-acre former rail yard near downtown Houston for potential residential/mixed-use.
• Defending a utility service contractor against a criminal enforcement action for the alleged unauthorized disposal of solid waste.
• Defending a manufacturer against alleged criminal water pollution violations.
• Defending an international oilfield service company against alleged violations of the Emergency Planning and Community Right to Know Act (EPCRA).
• Coordinating the defense of a regional lumber company against simultaneous criminal enforcement proceedings, administrative cleanup actions, and private civil lawsuits arising from the alleged disposal of wood treating wastes.
• Representing a local government corporation in the expedited remediation of a former pesticide distribution facility slated to become the location of a new hotel, so that construction and occupancy could remain on schedule.
• Coordinating the expedited environmental remediation of industrial property to permit the expansion of green space and linear parks as part of the renewal of Houston’s signature waterway, Buffalo Bayou.

• Chambers USA, Environment, Texas (2009-2025)
• Best Lawyers in America®: Environmental Law (2008-2026)
• Houstonia Magazine, Top Environmental Lawyers (2013)