Matt Paulson

Managing Partner, Austin
matt.paulson@kattenlaw.com
Austin Office
p+1.512.691.4002
f+1.512.532.9219
vCard View my profile on LinkedIn View PDF
Overview

Matt Paulson is managing partner of Katten's Austin office, head of Katten's Environmental Aspects of Energy Production practice, and co-chair of the Katten Environmental Advisory Group. He represents companies and trade organizations in the areas of environmental permitting, regulatory compliance, investigations, enforcement, litigation and crisis response. He counsels clients on issues under the Clean Air Act, the Clean Water Act, the Endangered Species Act, the National Environmental Policy Act and the Toxic Substances Control Act, among other federal and state environmental laws, and has broad experience in the areas of Superfund and Resource Conservation and Recovery Act liability.

Matt practices before the US Environmental Protection Agency (EPA), the Texas Commission on Environmental Quality (TCEQ), the US Fish and Wildlife Service, and the US Army Corps of Engineers, among other federal and state agencies, on environmental issues. He represents clients in complex matters before state and federal courts.

Matt regularly advises clients at the early project planning stages, assisting with scoping a broad array of regulatory and permitting requirements across all media and disciplines, from environmental and safety, to US Coast Guard and US Department of Transportation requirements, to land use, local registration and licensing obligations, and other federal, state and local requirements that can affect project timing and viability.

Matt co-chairs the Katten Environmental Advisory Group. The group covers key developments in the following eight substantive areas: air; water; waste and remediation; climate change; release reporting; species and resources; emergency response, investigations and compliance; and environmental litigation and enforcement.

Matt also counsels clients on crisis management and prevention, including conducting internal investigations associated with allegations of criminal and civil wrongdoing, helping clients develop risk management plans and prepare for inspections and searches and coordinating responses to government investigations in the immediate aftermath of major incidents.

Shown below is a selection of Matt’s engagements.

Experience
Permitting
  • Representation of a midstream energy company in multiple state and federal air permit applications for pipeline compressor stations and gas processing plants.
  • Provision of advice and counsel to a liquefied natural gas (LNG) export company on state and federal authorizations associated with construction and operation of LNG export facilities and associated infrastructure, including pipelines and compressor stations.
  • Representation of a pipeline company in state and federal environmental permit applications associated with construction of a new pipeline and associated compressor stations.
  • Representation of major chemical companies in greenhouse gas permit applications before EPA Region 6.
  • Representation of an energy storage company in a greenhouse gas permit application before EPA Region 6.
  • Provision of advice and counsel to a midstream energy company on consultation requirements under the Endangered Species Act and the National Historic Preservation Act associated with authorization of a pipeline.
  • Provision of advice and counsel to a pipeline company regarding Clean Water Act Section 404 individual, nationwide and regional permits associated with work on existing pipelines and development of new pipeline segments.
Contested Case Hearings (Permitting)
  • Representation of a major utility in a contested case hearing challenging the air permit for a new coal-fired power plant.
  • Representation of a major oil company in a contested case hearing over permitting of an injection well.
  • Representation of a major oil company in a contested case hearing challenging the air permit for a refinery expansion.
Regulatory Counseling
  • Provision of advice and counsel to an upstream oil and gas company on source aggregation determinations under the Clean Air Act.
  • Provision of advice and counsel to an upstream energy company regarding compliance with release reporting requirements.
  • Strategic counsel to an energy company on the regulation of greenhouse gases under existing laws, including the Clean Air Act, the Clean Water Act, the Endangered Species Act and the National Environmental Policy Act.
Litigation
  • Representation of the National Association of Manufacturers, et al. in a challenge to the EPA's GHG Tailoring Rule. The National Association of Manufacturers, et al. v. EPA, Case No. 10-1218 (DC Circuit).
  • Representation of the US Chamber of Commerce and the National Automobile Dealers Association in a challenge to the EPA's decision to grant California's request for a preemption waiver under Section 209 of the Clean Air Act to regulate greenhouse gas emissions from motor vehicles. US Chamber of Commerce and National Automobile Dealers Association v. EPA, Case No. 09-1237 (DC Circuit).
  • Representation of the American Petroleum Institute in a challenge to the EPA's greenhouse gas reporting rule for upstream oil and gas sources. American Petroleum Institute v. EPA, Case No. 11-1026 (DC Circuit).
  • Representation of the Texas Oil & Gas Association, et al. in a challenge to the EPA's disapproval of the Texas Qualified Facilities Program. Texas Oil and Gas Association, et al. v. EPA, Case No. 10-60459 (Fifth Circuit).
  • Representation of the Texas Oil & Gas Association in a challenge to the EPA's disapproval of the Texas Flexible Permits Program. State of Texas, et al. v. EPA, Case No. 10-60614 (Fifth Circuit).
Enforcement
  • Defense of a pipeline company in multiple enforcement actions filed by the EPA and the US Department of Transportation alleging violations of the Clean Water Act for crude oil spills.
  • Defense of a chemical manufacturer in multiple enforcement actions brought by the Texas Commission on Environmental Quality related to alleged air and water quality permit violations.
  • Defense of a midstream oil and gas company in multiple enforcement actions brought by the EPA and the TCEQ related to alleged air and water quality permit violations.
Contested Case Hearings (Enforcement)
  • Representation of a major oil company in multiple contested enforcement actions before the Texas State Office of Administrative Hearings.
  • Representation of a pipeline and terminal operator in proceedings before the Washington State Pollution Control Hearings Board in an appeal of enforcement actions brought by the Puget Sound Clean Air Agency alleging unauthorized loading of crude oil.
  • Representation of a pipeline and terminal operator in a contested case before the Occupational Safety and Health Review Commission regarding allegations under the Occupational Safety and Health Act's General Duty Clause.
Investigations and Accident Response
  • Representation of a chemical manufacturer in an internal investigation of a process safety incident.
  • Conduct special investigation into corporate safety culture, corporate safety oversight and safety management systems at BP's five North American refineries on behalf of an independent panel of experts chaired by former US Secretary of State James A. Baker III.
  • Representation of a major refining and marketing company in an Occupational Safety and Health Administration investigation of a process safety incident.
  • Representation of a cement manufacturer in an internal investigation into allegations of illegal disposal of scrap tires.
  • Representation of a midstream oil and gas company in an internal investigation of a process safety incident.
  • Representation of an upstream oil and gas company in an internal investigation into a fire at an exploration and production site.
Bankruptcy
  • Representation of ASARCO LLC in a Chapter 11 bankruptcy involving environmental claims at current and former mining and processing sites across the country.
International Arbitration
  • Representation of an exploration and production company in an arbitration proceeding involving allegations of environmental impact associated with oilfield operations before the International Chamber of Commerce in a dispute arising out of a Middle Eastern state's attempted termination of a production sharing agreement.

Recognition

Chambers USA, 2010–2015
Super Lawyers, 2014
Published by Thomson Reuters
Super Lawyers Rising Stars, 2007–2011
Published by Thomson Reuters
Best Lawyers in America, 2014–2015
Presentations
November 13, 2014
Speaker, Hot Air Issues - 2014 | Texas Chemical Council, Air Conservation Committee Quarterly Meeting | Houston, Texas
September 16, 2014
Speaker, The Drive to Inherently Safer Systems and Technology | Chemical Safety and Security Seminar | Houston, Texas
September 12, 2014
Speaker, Greenhouse Gas Permitting in the Wake of UARG v. EPA, | Association of Air Pollution Control Agencies Annual Meeting | Austin, Texas
April 1, 2013
Speaker, Hot Air Topics | Texas Chemical Council, Air Conservation Committee Quarterly Meeting | Houston, Texas
February 1, 2013
Speaker, Clean Air Act Update | Houston Bar Association Environmental Section Luncheon | Houston, Texas
June 1, 2012
Speaker, Greenhouse Gas Permitting | Texas Chemical Council/Association of Chemical Industry of Texas 2012 Environmental, Health and Safety Seminar | Galveston, Texas
January 2, 2012
Speaker, Greenhouse Gas Litigation | Air and Waste Management Association, Hot Air Topics Conference | Houston, Texas
October 1, 2011
Speaker, EPA's Regulatory Agenda: Upstream Impacts | National Oil and Gas Royalty Conference | Houston, Texas
February 1, 2009
Speaker, The Legal Basis for Regulating CO2 Emissions | University of Texas Carbon and Climate Change Conference | Austin, Texas

Education

  • JD, University of Denver Sturm College of Law, with honors
  • BA, University of California, Santa Cruz

Bar Admissions

  • Colorado
  • Texas

Court Admissions

  • US Court of Appeals, Fifth Circuit
  • US Court of Appeals, District of Columbia Circuit
  • US District Court, Southern District of Texas

Recognition

2010–2015
2014
Published by Thomson Reuters
2007–2011
Published by Thomson Reuters
2014–2015
Previous Next

Memberships

  • Air & Waste Management Association
  • American Bar Association, Section of Environment Energy and Resources
  • Austin Bar Association, Co-Founder, Environmental Section
  • Texas Bar Foundation
Katten Websites   Careers  |  Alumni  |  Mobile Site  |  Firm Brochure Tool
Contact Us   Offices  |  Media Center  |  People  |  Email
Legal Notices   Disclaimer  |  Privacy Policy  |  Attorney Advertising
Contact Us