Tom Jackson handles all aspects of environmental law, including client counseling, permitting, trial court and appellate litigation, administrative hearings and arbitrations and legislative matters. He also helps clients assess proposed rules and other public documents such as Environmental Impact Statements.
Mr. Jackson represents corporate clients in many sectors, from residential and commercial developers, energy companies, manufacturing and small businesses, to local governments and trade associations. His experience covers a range of federal environmental statutes, including the Clean Water Act, Safe Drinking Water Act, Endangered Species Act (ESA), National Environmental Policy Act, National Historic Preservation Act, Migratory Bird Treaty Act, Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA) and Toxic Substances Control Act (TSCA), among others.
Mr. Jackson has devoted a significant portion of his time to representing companies involved in the production and transmission of oil, gas and electricity in connection with various regulatory requirements under federal, state and local law. His work has involved the potential regulation of well drilling, completion and stimulation activities and pipeline construction under federal statutes such as the Clean Water Act, Safe Drinking Water Act and TSCA, and state laws, as well as the regulation of the use of chemicals in connection with such activities and related issues concerning the protection of trade secrets.
In addition, Mr. Jackson has substantial experience in advising corporations and other business entities on the federal regulation of natural resources, particularly the regulation of water, wetlands and endangered species. He provides counsel regarding the extent of federal jurisdiction over wetlands and other waters, the scope of regulated activities, alternatives analyses and related permitting standards and mitigation issues under Section 404 of the Clean Water Act. He has also counseled clients on regulatory requirements regarding discharges of storm water and has represented clients in connection with challenges to EPA storm water regulations.
Mr. Jackson also has represented a number of clients on endangered species issues, including developers, energy companies, public agencies and trade associations. In this capacity, he has advised trade associations on policy related to the implementation of the Endangered Species Act and has counseled clients on proposed listings of species and designation of critical habitat as well as Section 7 issues. He has also helped clients prepare Habitat Conservation Plans and obtain incidental take permits, and represented clients in court on various ESA issues.
A related aspect of Mr. Jackson’s practice is advising clients on private property rights issues related to federal land use restrictions arising out of wetlands and endangered species regulation. In this regard, he has represented clients in the federal courts with respect to claims for just compensation under the Fifth Amendment to the Constitution as a result of takings of private property.
Mr. Jackson also represents a variety of clients in disputes across the country involving the cleanup of contaminated sites under CERCLA and liability for the costs incurred in such cleanups as well as liability for natural resource damages. This work has involved counseling clients on cleanup requirements, negotiating consent orders, and representing clients in cost allocation proceedings (mediations and arbitrations) and in cost recovery and contribution actions in federal court. Mr. Jackson has likewise counseled clients on regulatory requirements and corrective action obligations under RCRA.
In addition, Mr. Jackson has counseled clients on various aspects of chemical regulation under FIFRA and TSCA. He has advised clients on pesticide registration matters and on data compensation claims. He has also advised clients on various reporting obligations under TSCA and the Emergency Planning and Community Right-to-Know Act.
Mr. Jackson has spoken at a number of environmental law conferences addressing topics such as issues concerning the development of unconventional oil and gas resources like shale gas, developments under the National Environmental Policy Act, the Clean Water Act, the Emergency Planning and Community Right-to-Know Act and civil and criminal enforcement under various environmental laws.