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Brenda L. Clayton

Biography

Brenda L. Clayton practices environmental, energy and appellate law.  Her environmental practice includes regulatory matters involving waste and water, such as those arising under the Resource Conservation and Recovery act ("RCRA"), the Clean Water Act ("CWA"), the Texas Water Code, the Texas Solid Waste Disposal Act, the Texas Asbestos Health Protection Act, and other statutes. She handles water rate, water utility, and water district matters; the defense or prosecution of private environmental litigation, such as private suits under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") and the Texas Solid Waste Disposal Act; citizens suits under RCRA and the CWA; and common law tort actions.   Ms. Clayton regularly represents private third parties before the Attorney General in Public Information Act proceedings in which the third party seeks to protect trade secrets or other confidential information from disclosure to a governmental entity.  In the area of energy law, Ms. Clayton handles regulatory matters and litigation arising from the exploration and production of oil, gas and other minerals.   Ms. Clayton's practice includes a concentration in appellate law, in which she handles suits for judicial review of agency decisions, as well as appeals from trial court judgments.  Ms. Clayton has also taken a leadership roles in the various Bar Association sections that include her practice areas, and has been active in pro bono matters.

Affiliations and honors
  • Listed in The Best Lawyers in America, 2012-2013
  • State Bar of Texas
         Administrative and Public Law Section
         Appellate Law Section
         Environmental and Natural Resources Section
         Oil, Gas and Energy Resources Law Section
  • Austin Bar Association
         Oil, Gas and Mineral Law Section, Chair, 2006-2007
         Environmental, Natural Resources and Water Law Section
         Administrative Law Section
         Civil Appellate Section Chair, 2007-2008    
         Board Member, 2006-2007, 2007-2008  
  • Austin Bar Association Foundation, Founding Fellow
  •  Third Court of Appeals Pilot Pro Bono Program, Screening Committee, Chair, 2007-2010 
  • State Bar Civil Appellate Section Pro Bono Committee, Co-Chair, 2008-2010
Education
  • The University of Texas School of Law, J.D., with honors 1992
  • The University of Texas, B.A., with honors, 1980
Admissions
  • State Bar of Texas, 1992
Speeches & Publications
  • The Future of Regulation in Hydraulic Fracturing, State Bar of Texas, Advanced Real Estate Law Course, San Antonio, July 12-14, 2012
  • Frac Water Regulation of Quantity and Quality, and Reporting by Texas Groundwater Conservation Districts, co-authored with Robert C. Grable and Chad M. Smith, 13th Annual Changing Face of Water Rights Course, February 23-24, 2012
  • The Future of Regulation in Hydraulic Fracturing, 7th Annual Texas Energy Symposium, February 10, 2012 
  • Regulation of Fracking, 29th Annual Advanced Oil, Gas and Energy Resources Law Course, October 6-7, 2011
  • EPA's Renovation, Repair, and Painting Program Rule:  Getting the Lead Out!, Zephyr Currents, a quarterly publication of Zephyr Environmental Corporation, October 2010
  • Summary Judgments in Texas, co-authored with David Sahl, 24th Advanced Civil Appellate Practice Course, September 1, 2010
  • Environmental Case Law Update, Texas Environmental Law Superconference, August 7-8, 2008
  • The Third Court of Appeals' Pilot Pro Bono Project, Presentation to the San Antonio Bar Association Civil Appellate Section, March 13, 2008
  • A Brave New World: CERCLA Construction Actions After Cooper v. Aviall, Zephyr Currents, a quarterly publication of Zephyr Environmental Corporation, April 2005
  • Protecting Trade Secret and Confidential Information, co-authored with Russell D. Cawyer, Advanced Oil, Gas & Energy Resources Law Course, September 30-October 1, 2004
  • Agency Data in the Information Age, co-authored with Jeffrey A. Saitas, Texas Environmental Law Superconference, August 5-6, 2004
  • Access to Water in the ETJ -- City and Developer Perspectives, co-authored with Susan G. Zachos, 5th Annual Conference on Land Use Planning Law, University of Texas School of Law, Austin, Texas, February 22-23, 2001
  • Procedural Challenges to Agency Rules -- From Invalidation to Voidability, co-authored with John J. Vay, 11th Annual Advanced Administrative Law Course, Austin, Texas, September 23-24, 1999
  • Current Environmental and Regulatory Issues Affecting Oil and Gas Operations, co-authored with Susan G. Zachos, Houston Bar Association, Oil, Gas & Mineral Law Section, Houston, Texas March 23, 1999
  • The Constitution and the Relative Roles of the Legislature, the Agency, and the Courts, co-authored and co-presented with Judge J. Woodfin Jones, 10th Annual Advanced Administrative Law Course, Austin, Texas, September 24-25, 1998
Ms. Clayton served as chair of the Third Court of Appeals Pro Bono Appellate Program for three years.