James E. Smith

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James (Jim) Smith principally focuses on environmental, natural resource, and safety matters including contested administrative hearings, enforcement actions in courts, compliance counseling, and supporting transactions. With a degree in chemical engineering, he also has experience in intellectual property matters and is registered before the U.S. Patent and Trademark Office as a patent attorney.

Environmental and Natural Resources

He represents businesses, landowners, and community groups on a variety of environmental issues. In addition to trying and arguing appeals in both civil and criminal matters and in both state and federal courts, Jim has appeared before the U.S. Environmental Protection Agency (EPA), the U.S. Occupational Safety & Health Administration (OSHA), the U.S. Army Corps of Engineers, the Texas Commission on Environmental Quality (TCEQ), the Railroad Commission of Texas, and other administrative agencies in permitting and enforcement matters. Recently, he has represented landowners in transmission line routing cases before the Public Utility Commission of Texas (PUC).

Jim’s practice concerns all major environmental media, air quality, water quality, hazardous and solid waste, wetlands, PFAS, other permitting and enforcement matters, and state and federal Superfund cases.

Construction and other Litigation

Jim has handled construction disputes and other litigation, including arbitration, primarily for clients in the petroleum refining, chemical, electric generation, and extraction industries. He has handled direct and cross examination at trial of engineers, forensic accountants, physicians, toxicologists and other experts, and has successfully prosecuted and defended motions relating to admissibility of expert testimony.

Appeals

In handling many appellate cases, Jim has been the lead oral advocate before the U.S. Court of Appeals for the 5th Circuit, the Supreme Court of Texas, and several Texas Courts of Appeals. His appellate practice has included both civil and criminal environmental/natural resource cases, as well as non-environmental matters.

Intellectual Property

With Jim’s technical skills, registration as a patent attorney, and litigation experience, he has assisted clients in patent prosecution matters, especially regarding chemical process and composition issues. He has handled disputes relating to patents, trademarks, copyrights, and trade secrets, including representation of inventors and other intellectual property owners in court. He has also assisted in contract negotiations regarding intellectual property.

Jim has been listed in Chambers USA in Environmental Litigation since 2005. He has been selected for inclusion in Texas Super Lawyers since 2003 and Best Lawyers in America in Environmental Law since 1995.

Environmental

Transactional/Compliance

Provided compliance counseling on air quality matters, including Title V Deviation Reports
Coordinated audits, especially under the Texas Environmental, Health, and Safety Audit Privilege Act
Represented both large and small companies in transactions involving ongoing environmental permits or remediation of affected soil and groundwater and drafted contract language to manage remediation and allocate risks
Assisted clients when another entity has responsibility for completing the remediation of the client’s property
Counseled clients regarding compliance with water and solid waste permits
Conducted internal investigations, and used the results to persuade agencies not to pursue criminal and/or civil enforcement

Litigation

Successfully defended clients in environmental criminal trials; has arranged pre-trial diversions and plea agreements for corporations in environmental cases
Obtained dismissal of a criminal actions against a corporation in an environmental matter on constitutional grounds, which was upheld on appeal
Negotiated supplemental environmental projects to resolve civil and criminal enforcement matters
Tried civil cases to verdict based on nuisance, trespass, and/or the applicability of state or federal environmental regulations in civil disputes
Successfully brought and successfully defended cost recovery claims under state and federal Superfund statutes
Successfully handled arbitrations of private disputes relating to environmental cleanup and contractual issues
Argued several environmental cases before appellate courts
Represented a major chemical manufacturing company in a Clean Water Act citizen’s suit, brought by a national environmental interest group
Represented a major chemical manufacturing company regarding a disposal site before the state regulatory agency and defended that company in several related toxic tort suits
Successfully advocated for a landowner before the PUC that a proposed transmission line not cross environmentally sensitive property

Intellectual Property

Represented an upstream energy service company in a suit alleging that former employees stole trade secrets and devised systems that infringed on client’s patents
Advised a chemical manufacturer regarding the quality of a potential acquisition targets’ patent and trade secrets
Conducted a prosecution history review and advised a major refiner in response to claimed patent infringement, regarding fuel and lubricant additive patents
Represented clients in patent infringement cases involving computer software, computer hardware, drilling equipment, propping agents, and other oil and gas production technologies

Litigation

Handled a construction dispute relating to a billion-dollar refinery expansion; lead trial lawyer at trial, settled favorably after two-week jury trial
Represented clients in multiple construction disputes involving petrochemical facilities; cases have settled or are pending
Advised a refinery on alleged improper design of multi-million-dollar process unit; case settled
Represented refinery related to sub-contractor’s alleged failure to receive payment in multi-million-dollar project; case settled and lien was released
Represented a large electric cooperative in contract dispute involving a gas fired power plant

Court Filing, Defamation, Criminal Law, and other Ethical Issues, Texas Association of Legal Professionals, Houston, 2025
Hazardous Substances Facility Response Plans, Texas City-La Marque Chamber of Commerce Industrial Trade Show, Texas City, 2024
New Year-New Rule 702 Review and Supreme Court Update, Forensics Expert Witness Association, Houston, 2024
Expert Submissions: Claims, Defenses, and Ethics, Industry Council on the Environment, Austin, 2023
Depositions: Preparing and Testifying, American Society of Appraisers, Workshop & Mock Trial, Houston, 2021
2020 Environmental/Real Estate Issues: Developments and Predictions, Houston Bar Association Real Estate Section, Houston, 2020
Compliance with Protected Species Requirements, GES, Inc. Seminar, Water & Natural Resources Compliance for New Pipelines, Houston, 2019
Flint, Michigan Water Crisis, Houston Bar Association, Environmental Section, Houston, 2017
District Court Assesses $8.3 Million for Tribes’ Past Costs for UCR Site; Teck Raises Procedural Issue on Appeal, ABA Superfund and Natural Resource Damages Litigation Committee, 2017
Texas Energy Regulator Taking Nimble Approach To Quakes, Law360, 2015
Texas Justices Ax $400K Award for Environmental ‘Stigma’, Law360, 2014
Texas Supreme Court weighs polluter’s toll on ranch’s value, Austin American-Statesman, 2014
Trying to Clear the Air, Houston Business Journal, 2013
Coal gets the squeeze from natural gas-fired power, Houston Business Journal, 2012
Analysis: Insurers find it tough to price fracking risk, Reuters, 2012

Chambers USA for Environmental Litigation, 2005-present
Texas Super Lawyers, Internet Brands, 2003-present
The Best Lawyers in America, BL Rankings, 1995-present
Houston Bar Association’s President’s Award, past recipient

State Bar of Texas – Litigation, Environmental, and Intellectual Property, member
American Bar Association – Litigation, Natural Resources and Environmental, and Intellectual Property, member
Houston Bar Association – Litigation, Environmental, and Intellectual Property, member
Texas Bar Foundation, fellow
University of Texas School of Law, Keeton Fellow
Mercury Baroque Board of Directors, member

Capabilities

Areas of Focus

Education

J.D. with honors, The University of Texas School of Law
B.S. in Chemical Engineering, University of Kansas

Admissions & Certifications

State Bar of Texas
United States District Court for the Northern, Southern, Eastern and Western Districts of Texas
United States Court of Appeals, Fifth Circuit and Federal Circuit
United States Patent and Trademark Office