Bryan Moore | Balch & Bingham Headshot  - lg | Austin

Bryan J. Moore

Partner
  • (512) 583-1712
Download Resume bmoore@balch.com
Education
  • Tulane University Law School
    J.D., 2000,

    Certificate in Environmental Law, Order of the Coif, Phi Delta Phi, Editor in Chief - Tulane Environmental Law Journal, Haber Joseph McCarthy Environmental Law Award

  • The University of Alabama
    B.A., Geology, 1997,  magna cum laude, Phi Beta Kappa
Bar Admissions
  • Texas, 2004
  • District of Columbia, 2003
About Bryan
Q&A
  • Which Courts or agencies do you most often appear before on behalf of your clients?

    I represent clients in matters arising under nearly every major federal and Texas environmental program in state and federal courts and before state and federal agencies including the U.S. EPA, the Texas Commission on Environmental Quality (TCEQ), and the Railroad Commission of Texas. I most often appear before TCEQ in permitting and compliance matters and litigate contested TCEQ permit proceedings and enforcement actions before the Texas State Office of Administrative Hearings (SOAH). I also routinely represent clients in EPA permitting, compliance, and enforcement matters, and have litigated permitting and enforcement cases before EPA's Environmental Appeals Board.

    I provide clients with comprehensive representation and strategic counseling from the agency permitting process to the administrative hearing and, ultimately, before the court to which an appeal may be taken. For example, in a typical contested TCEQ permitting matter, I assist the client with the permit application and moving it through the TCEQ review process; I represent the client in a contested case hearing on the application before SOAH; and I defend TCEQ's issuance of the permit before the Texas state district and appellate courts.

  • What type of matters do you work on most often?

    In my regulatory compliance counseling practice, I most often work on solid waste matters, including hazardous and nonhazardous industrial waste, municipal solid waste, and recycling. My environmental litigation practice is more diverse. I litigate a variety of environmental matters, including contested waste, water, and air permits; citizen suits and agency enforcement actions under nearly every major environmental program; and statutory and common law claims in state and federal courts concerning soil and groundwater contamination, property remediation, and nuisance, trespass, and toxic tort claims.

Select Matters

  • Clean Water Act Permitting and Compliance: Secured a ruling from the Texas Third Court of Appeals upholding a Texas Pollutant Discharge Elimination System permit in a case of first impression in Texas concerning the requirements for “cooling water intake structures” for existing power plant facilities.
  • Solid Waste Facility Expansions: Secured rulings from the Texas Third Court of Appeals and Seventh Court of Appeals upholding permits authorizing the expansions of municipal solid waste landfill facilities in Central Texas.
  • Hazardous Waste Enforcement Action: Represented manufacturer of components for the aerospace and other advanced-technology industries in a multi-region RCRA enforcement action brought by EPA; argued the case to EPA’s Environmental Appeals Board, the U.S. District Court for the District of Columbia, and the D.C. Circuit.
  • Groundwater Contamination Lawsuit: Defended chemical distribution company in a lawsuit in Texas state district court alleging soil and groundwater contamination of a neighboring industrial property.
  • Environmental Due Diligence: Assisted client with the purchase and sale of contaminated industrial properties with ongoing, long-term RCRA obligations, including groundwater monitoring and closure.
  • Site Closure and Corrective Action: Assisted chemical manufacturer with RCRA compliance stemming from the closure of a large manufacturing unit; multiple process units, tanks, and other equipment were decommissioned and removed from the facility.
  • Environmental Compliance Audit: Assisted chemical manufacturing client with a comprehensive solid waste and wastewater compliance audit at one of its Texas facilities; audit assessed the client’s waste and wastewater management practices and procedures facility-wide and spanned several months.
  • Hazardous Waste Facility Permitting: Assisted client with federal RCRA Part B permit for hazardous waste treatment, storage, and disposal facility; represented client in appeal of RCRA permit before EPA's Environmental Appeals Board.
     

Publications

    News

      Speaking Engagements

        Credentials

        Education
        • Tulane University Law School, J.D., 2000,

          Certificate in Environmental Law, Order of the Coif, Phi Delta Phi, Editor in Chief - Tulane Environmental Law Journal, Haber Joseph McCarthy Environmental Law Award

        • The University of Alabama, B.A., Geology, 1997,  magna cum laude, Phi Beta Kappa
        Courts
        • U.S. District Court, Western District of Texas, 2012
        • U.S. Bankruptcy Court, Northern District of Texas, 2012
        • U.S. District Court, Southern District of Texas, 2012
        • U.S. Court of Appeals, First Circuit, 2010
        • U.S. District Court, Eastern District of Texas, 2010
        • U.S. Court of Appeals, D.C. Circuit, 2009
        • U.S. District Court, District of Columbia, 2007
        Bar Admissions
        • Texas, 2004
        • District of Columbia, 2003
        Professional Affiliations
        • American Bar Association
        • Texas Bar Association
        • Austin Bar Association
        • Air and Waste Management Association
        Awards & Accolades
        • Best Lawyers in America®, Environmental Law, 2012-2021
        • Best Lawyers in America®, Environmental "Lawyer of the Year" in Austin, 2015 & 2017
        • Chambers USA, Environmental Law, 2011-2021
        • Super Lawyers, Texas Super Lawyer, 2018-2019