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Practice
Emphasis
Walter
D. James III focuses his practice primarily on
environmental counseling and environmental litigation,
which includes civil enforcement and cost recovery
litigation, criminal defense and toxic tort/property
damage matters.
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.
Representative
Cases:
Cost
recovery:
Anglo
Metal, Inc. v. TRW Automotive Products, Inc., et al.,
Civil Action No. B-99-141, In the United States
District Court for the Southern District of Texas,
Brownsville Division.
Texas
Industries, Inc. v. City of Dallas,
Cause No. 95-12561-H, In the 160th Judicial District
Court of Dallas County, Texas.
Heath
and Company, v. General Battery Corporation,
Civil Action No. 3:93- CV0581-D, In the United States
District Court for the Northern District of Texas,
Dallas Division.
NL
Industries, Inc. v. Allied-Signal, Inc., et al.,
Civil Action No. CA3-9-2623-R, In the United States
District Court for the Northern District of Texas,
Dallas Division.
United
States v. Marvin Pesses, et al.,
Civil Action No. 90-0654, In the United States
District Court for the Western District of
Pennsylvania.
McRae
Newell Company, Inc. and Phillip J. McRae v. Exide
Corporation;
Cause No. DV-98-04564-D in the 95th Judicial District
Court of Dallas County, Texas.
Clear
Lake Properties v. Rockwell International Corporation,
et al.,
Civil Action No. G-95-288, In the United States
District Court for the Southern District of Texas,
Galveston Division.
San
Diego Unified Port District v. Bay City Marine, Inc.
et al.,
Civil Action No.950355B, In the United States District
Court for the Southern District of California
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).
United
States v. Baytank, 934 F.2d 599 (5th Cir. 1991).
Toxic
Tort:
Larry
Lee Martin, et al. v. Commercial Metals Company, et
al.,
Cause No. 02- 4312-K, In the 192nd Judicial
District Court of Dallas County, Texas.
James
Clarence ("JC") Morris II, et al. v. Hydro
Conduit Corporation, et al.,
Cause No. DV00-04222-E, In the 101st Judicial District
Court of Dallas County, Texas.
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 District Court
of Dallas County, Texas.
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
Titus County, Texas.
John
Alford, Jr. et al. v. TXU Electric Company, et al.,
Cause No. 01-275-B, In the 87th Judicial District of
Freestone County, Texas.
Robert
Abernathy, et al. v. TXU Electric Company, et al.,
Cause No. 2001-333, In the 4th Judicial District of
Rusk County, Texas.
Jose
Luis DeLeon, et al. v. Exide Corporation, et al.,
Cause No. DV98-2669, In the 44th Judicial District
Court of Dallas County, Texas.
Earline
Jackson, et al. v. Waste Management of North America,
Inc., et al.,
Cause No. 91-04-47,386, in the 40th Judicial District
Court of Ellis County, Texas.
In
re Lone Star Steel Mill Litigation,
Master File No. 1, In the 76th Judicial District Court
of Morris County, Texas.
Marquis
R. McGee, et al. v. RSR Corporation, et al.,
Cause No. DV-99-05472-B, In the 44th Judicial District
Court of Dallas County, Texas.
Elzina
Avalos, et al. v. Atlantic Richfield Company, et al.,
Civil Action No. H89-3487, In the United States
District Court for the Southern District of Texas,
Houston Division.
Lester
Curette et al. v. Atlantic Richfield Company, et al.,
Civil Action No. H89-3487-A, In the United States
District Court for the Southern District of Texas,
Houston Division.
Rose
Ann Barrett, et al. v. Atlantic Richfield Company, et
al.,
Civil Action No. H89-3487-C, In the United States
District Court for the Southern District of Texas,
Houston Division.
Linda
Adolph et al. v. Atlantic Richfield Company, et al.,
Civil Action No. H90- 3657, In the United States
District Court for the Southern District of Texas,
Houston Division.
Mary
Alston et al. v. Atlantic Richfield Company, et al.,
Civil Action No. 1:90CV626, In the United States
District Court for the Eastern District of Texas,
Beaumont Division.
Rose
Marie Dumes, et al. v. Houston Lighting and Power
Company, et al.,
Civil Action No. C -90-330, In the United States
District Court for the Southern District of Texas,
Corpus Christi Division.
Ida
Trevino, et al. v. Houston Lighting and Power Company,
et al.,
Cause No. 92-2996-B, In the 117th Judicial District
Court of Nueces County, Texas.
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 District Court of Travis County, Texas
John
Francis Clayborn, Jr. v. Autozone/ Autozone, Inc. v.
YUASA-Exide, Inc.
and Exide Corporation; Cause No. 97-5167-G in
the 319th Judicial District Court of Nueces County,
Texas.
Michael
Cleaver v. Montgomery Ward & Co., Inc. and Exide
Corporation;
Cause No. 98-08251 in the 250th Judicial District
Court of Travis County, Texas.
Thomas
Harper v. Exide Corporation;
Cause No. CJ-2000-80 in the District Court of LeFlore
County, Oklahoma.
Gloria
Trevino and Spouse, Rene Trevino v. Jaime Argelio
Camacho and Exide
Corporation, Cause No. C-2159-01-C in the 139th
Judicial District Court of Hidalgo County, Texas.
Federal
Superfund Sites:
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, Tecula, Texas
Poly-Cycle
Industries, Inc./Jacksonville Site, Jacksonville,
Texas
Ramona
Park Superfund Site, Utica, Michigan
Ross
Metals Company Superfund Site, Rossville, Tennessee
Refined
Metals, Inc. Site, Memphis, Tennessee
Refined
Metals, Inc. Site, Beach Grove, Illinois
State
Remediation Sites:
Anglo
Metals, Inc. San Juan East Site, San Juan, Texas
(Common Counsel)
Four
County Landill Site, Delong Indiana
Dixie
Metals/Heflin Site, Heflin, Louisiana
Jerrel
B. Thompson Site, Canton, Texas
JCS
Company Site, Canton, Texas
Materials
Recovery Enterprises, Inc. Site, Ovallo, Texas
(Coordinating Counsel)
Poly-Cycle
Industries, Inc./Palmer Site, Palmer, Texas
(Coordinating Counsel)
Poly-Cycle
Industries, Inc./Tecula Site, Tecula, Texas
Poly-Cycle
Industries, Inc./Jacksonville Site, Jacksonville,
Texas
Wortham
Lead Site, Wortham Texas
Speeches
and Publications
Chairman/Vice
Chairman/Co-editor/Author: American Bar Association’s
Section of Environment, Energy and Resources Law,
Environmental Crimes and Enforcement Committee
Newsletter (2001 - present).
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 Texas Environmental Superconference (1993).
Author/Speaker,
Terminal Rights to Confidential Information:
Keeping Your Information Confidential, 13th
Annual Independent Liquid Terminal Association
Operating Conference (1993).
Co-Author,
Environmental Crimes and Enforcement Mechanisms,
12th Annual Independent Liquid Terminal Association
Operating Conference (1992).
Co-Author,
Stormwater Discharges: New Regulations and NPDES
Permit Requirements -Clean Water Act - Enforcement
Mechanisms, Four Seasons, Houston (June 1992).
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, Texas Banking: Preparing for the
‘90s (1989).
Author,
Financial Institutions and Hazardous Waste Litigation:
Limiting Exposure to Superfund Liability, 28 Nat. Res.
J. 329 (1988).
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