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Walter D. James III |
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Walter D.
James III, PLLC e-mail: walter.james@jamespllc.com web-site:
www.jamespllc.com |
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Practice
Emphasis Clients & Matters Mr. James has extensive experience in counseling clients in
remediation matters nationally, both at federal and various state
sites, including Voluntary Cleanup Programs. His environmental
litigation experience also covers administrative proceedings under
various federal environmental statutes. His civil litigation
experience includes defending and prosecuting cost recovery litigation
under both state and federal law, in both state and federal court, and
defending citizen suits. Mr. James has served as common counsel and
coordinating counsel for several defense groups and potentially
responsible party groups. Mr. James has also counseled and defended
clients faced with environmental criminal enforcement, from the grand
jury stage through trial and appeal. His experience includes the
defense through trial and appeal of multiple defendants under a
multi-count indictment alleging felony allegations under the Resource
Conservation and Recovery Act (“RCRA”), the Clean Water Act (“CWA”),
the Comprehensive Environmental Response, Compensation and Liability
Act (“CERCLA” or “Superfund”) and the Marine Protection
Research and Sanctuaries Act (more commonly called the “Ocean
Dumping Act”). He also has an extensive practice in the defense of
toxic tort matters relating to chemical exposure and related property
damage claims as well as the prosecution and defense of property
damage claims. Mr. James has also successfully defended clients in
product liability and catastrophic injury litigation.
Professional Affiliations: Admitted, American Bar Association: Member since 1987 Current Council Member (three year term) Section of Environmental, Energy and Resources council Texas Bar Association: Member since 1987 Dallas Bar Association: Member since 1987 Tarrant County Bar Association: Member since 2004 Northeast Tarrant County Bar Association: Member since 2004 Education: Representative
Cases: Anglo Metal, Inc. v. TRW Automotive Products, Inc., et
al., Civil Action No. B-99-141, In the Texas Industries, Inc. v. City of Heath and Company, v. General Battery Corporation,
Civil Action No. 3:93- CV0581-D, In the NL Industries, Inc. v. Allied-Signal, Inc., et al.,
Civil Action No. CA3-9-2623-R, In the McRae Newell Company, Inc. and Phillip J. McRae v. Exide
Corporation; Cause No. DV-98-04564-D in the 95th Judicial Clear Environmental Crimes: United States v. Odfjell Westfall Larsen, CR-87-220,
In the Southern District of Texas, Houston Division (Thirty seven county
indictment under the Marine Protection, Research and Sanctuaries Act, the Clean
water Act, the Resource Conservation and Recovery Act and the Comprehensive
Environmental Response, Compensation and Liability Act). Toxic Tort: Larry Lee Martin, et al. v. Commercial Metals Company,
et al., Cause No. 02- 4312-K, In the 192nd Judicial James Clarence ("JC") Morris II, et al. v.
Hydro Conduit Corporation, et al., Cause No. DV00-04222-E, In the 101st
Judicial Trena McGree, Individually, and as Next Friend of Darius
Montreal McGree and Shaquala Antonique McGree, Minors, et al v. Exide
Corporation and NL Industries, Inc.; Cause No. DV99-01006-J in the
191st Judicial Linda Patricia Flores-Gonzales, a Femme Sole v. Exide
Corporation and NL Industries, Inc.; Cause No. 02-09605 in the 191st
Judicial District Court of Dallas County, Texas Richard Amerson, et al. v. TXU Electric Company, et al.,
Cause No. 29,433, In the 76th Judicial District of John Alford, Jr. et al. v. TXU Electric Company, et al.,
Cause No. 01-275-B, In the 87th Judicial District of Freestone County, Robert Abernathy, et al. v. TXU Electric Company, et al.,
Cause No. 2001-333, In the 4th Judicial District of Rusk County, Jose Luis DeLeon, et al. v. Exide Corporation, et al.,
Cause No. DV98-2669, In the 44th Judicial Earline Jackson, et al. v. Waste Management of North
America, Inc., et al., Cause No. 91-04-47,386, in the 40th Judicial In re Lone Star Steel Mill Litigation, Master File
No. 1, In the 76th Judicial Marquis R. McGee, et al. v. RSR Corporation, et al.,
Cause No. DV-99-05472-B, In the 44th Judicial Elzina Avalos, et al. v. Atlantic Richfield Company, et
al., Civil Action No. H89-3487, In the Lester Curette et al. v. Atlantic Richfield Company, et
al., Civil Action No. H89-3487-A, In the Rose Ann Barrett, et al. v. Atlantic Richfield Company,
et al., Civil Action No. H89-3487-C, In the Linda Adolph et al. v. Atlantic Richfield Company, et
al., Civil Action No. H90- 3657, In the Mary Alston et al. v. Atlantic Richfield Company, et al.,
Civil Action No. 1:90CV626, In the Rose Marie Dumes, et al. v. Houston Lighting and Power
Company, et al., Civil Action No. C -90-330, In the Ida Trevino, et al. v. Personal Injury: Tommy Nelson Foster v. Westinghouse Elevator Company,
Cause No. 89-00312, In the 157 Judicial District Court of Harris County, Texas. Tommy Nelson Foster v. Westinghouse Elevator Company,
No. C-07-96-322-CV, In the Court of Appeals for the Seventh Judicial District of
Texas. Chris Farley and Debra Farley, Individually and as Next
Friends of Michelle Farley, Weston Farley and Kayci Farley, Minors v.
Davis Tire Company/Davis Tire Company v. Exide Corporation; Cause No.
97-08590 in the 353rd Judicial Gloria Trevino and Spouse, Rene Trevino v. Jaime Argelio
Camacho and Exide Corporation, Cause No. C-2159-01-C in the 139th
Judicial Federal Superfund
Sites: Malone Service Company Superfund Site, Texas City, Texas RSR Corporation Superfund Site, Dallas, Texas Sapp Battery Superfund Site, Cottondale, Florida Interstate Lead Company Superfund Site, Leeds, Alabama, NL/Taracorp Superfund Site, Granite City, Illinois Poly-Cycle Industries, Inc./Tecula Site, Poly-Cycle Industries, Inc./ Ramona Park Superfund Site, Ross Metals Company Superfund Site, Refined Metals, Inc. Site, Refined Metals, Inc. Site, State Remediation
Sites: Anglo Metals, Inc. San Juan East Site, Four Dixie Metals/Heflin Site, Jerrel B. Thompson Site, JCS Company Site, Materials Recovery Enterprises, Inc. Site, Poly-Cycle Industries, Inc./Palmer Site, Palmer, Poly-Cycle Industries, Inc./Tecula Site, Poly-Cycle Industries, Inc./ Wortham Lead Site, Wortham Speeches and
Publications: Co-Author/Speaker, The McNulty Memorandum,
Nineteenth Annual Chairman/Vice Chairman/Co-editor/Author: American Bar
Association’s Section of Environment, Energy and Resources Law, Environmental
Crimes and Enforcement Committee Newsletter (2001 - 2005). Co-Author, Environmental Crimes and Enforcement
Committee 1996 Annual Report, Natural Resources, Energy and
Environmental Law 1996 Year in Review (1996). Author/Speaker, The Investigation of Environmental
Crimes: How to Prepare, React and Protect Yourself, Nuts and Bolts of
Environmental Law, Houston Bar Association (March 15, 1996). Co-Author, Environmental Crimes and Enforcement
Committee 1995 Annual Report, Natural Resources, Energy and
Environmental Law 1995 Year in Review (1995). Author/Speaker, The Trial of an Environmental Criminal
Case: Selected Issues in a Case Study, Environmental Crimes: Pre
-trial and Trial Strategies, Section of Natural Resources, Energy and
Environmental Law (1995). Co-Author, The Trial of an Environmental Criminal Case:
Selected Issues in a Case Study, Section of Natural Resources, Energy
and Environmental Law First Annual Meeting (1993). Author/Speaker, Agency Inspections: When They Don’t
Bother to Knock, 15th Annual Independent Liquid Terminal Association
Operating Conference (1995). Author/Speaker, Investigations of Environmental Crimes:
How to React and Protect Yourself, 15th Annual Independent Liquid
Terminal Association Operating Conference (1995). Author/Speaker, Agency Inspections: What Do You Do?,
Fifth Annual Author/Speaker, Terminal Rights to Confidential Information: Keeping Your Information Confidential, 13th Annual Independent Liquid Terminal Association Operating Conference (1993). Co-Author, Stormwater Discharges: New Regulations and NPDES
Permit Requirements -Clean Water Act - Enforcement Mechanisms, Four Seasons, Co-Author, Strategies to Protect Yourself and Your Company from Liability, Criminal Enforcement of Environmental Laws, Loews Anatole
Hotel - Dallas (February, 1992). Author/Speaker, Administrative Inspections: What Do You
Do?, Independent Liquid Terminal Association Southern Regional Conference
(1991). Co-Author, Lender Liability on Environmental Issues ,
1989 Spring Conference, Author, Financial Institutions and Hazardous Waste Litigation: Limiting Exposure to Superfund Liability, 28 Nat. Res. J. 329 (1988). |
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