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ATTORNEYS

Helen Currie Foster

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Administrative & Regulatory Litigation, Environment and Natural Resources: Oil, Gas, Land & Water, Real Estate, Trial Litigation, Water Law

Direct Phone: 512.480.5681

Direct Fax: 512.480.5881

Email: hfoster@gdhm.com

professional qualifications
representative experience
professional affiliations
awards and honors
community
publications and presentations

Helen Currie Foster’s practice focuses on environmental law and on trial and appellate litigation, both in court and before administrative agencies. In addition to general business and regulatory litigation, she has special experience with environmental issues, permitting and remediation, response cost liability, and statutory requirements (CERCLA, Clean Water Act, Endangered Species Act, RCRA). She counsels on a wide range of land and water issues, including environmental considerations in real estate transfers, storm water management, and environmental liability (common law and statutory). Recent experience includes representation of clients on groundwater rights and water supply issues, cleanup resulting from oil and gas-related activities, and cleanup of underground storage tank or dry cleaner facilities. Her experience includes successful representation of intervenor mineral owners in landfill litigation, and of trusts in issues involving Texas Solid Waste Disposal Act and Railroad Commission requirements; successful resolution of water supply contract disputes for a Texas municipality; and client defense in Enron-related securities litigation (federal and state).

PROFESSIONAL QUALIFICATIONS

Admitted to bar, 1983, Michigan; 1985, Alabama; 1998, Texas. Adjunct Professor of Environmental Law, University of Alabama at Birmingham (Civil Engineering Department), 1996-1998. Other Language: French.

Education: Wellesley College (B.A.); University of Texas (M.A.); University of Michigan (J.D., magna cum laude). Order of the Coif. Wellesley College Scholar.

REPRESENTATIVE EXPERIENCE

Representing landowners in issues involving Texas Solid Waste Disposal Act and cleanup pursuant to Railroad Commission requirements.
Representing Texas municipality in resolving water supply contract disputes.
Representing developer in appeal of state water quality certification for wetlands permit.
Representing intervenor mineral owners in landfill litigation, Tan Terra v. Texas Commission on Environmental Quality.
Negotiating resale of commercial property included in Superfund site.
Participating in defense of river authority in contract litigation.
Defending client in Enron-related securities litigation, both federal and state.
Representing Texas City’s economic development corporations in multi-party land acquisition for proposed Shoal Point container terminal, including environmental considerations.
Representing landowners in permit and CCN proceedings before Texas Commission on Environmental Quality.

PROFESSIONAL AFFILIATIONS

Past Chair and Board Member, Texas Board of Legal Specialization
Member: Austin Bar Association (Administrative Law Section); American Bar Association (Litigation Section; Section of Environment, Energy and Resources); State Bar of Texas (Litigation Section); Member: Alabama State Bar (Past President, Environmental Law Section)

AWARDS AND HONORS

Listed in The Best Lawyers in America® published by Woodward/White, Inc., Administrative / Regulatory Law, 2010-2012

COMMUNITY

Board Member, Austin Shakespeare Festival Company
Active Fundraiser for KUT Radio (Austin, Texas NPR Affiliate)
Masters Level sweep rowing with Austin Rowing Club (port oar)
Helen has a special interest in Texas hill country land management (grasses, storm water and roads).

Publications and Presentations

Author/speaker, "Ex Parte Contacts in the Agency Context: Pitfalls and Uncertainties Created by Opinions 587 and 604," State Bar of Texas, The Changing Face of Water Rights 2012, San Antonio, Texas, February, 2012.
Author, "Climate Change and Texas Water Regulation," State Bar of Texas, The Changing Face of Water Rights 2011, San Antonio, Texas, February, 2011.
Author/speaker, “Federal Preemption in Regulatory Litigation,” Fifth Annual Advanced Texas Administrative Law Seminar of the Administrative and Public Law Section of the State Bar and the University of Texas School of Law, September, 2010.
Author/speaker, Environmental Ethics "I've Got No Strings," 22nd Annual Texas Environmental Superconference, August, 2010.
Co-Author, "'As Is' In a Contaminated World" (61 pages), 19th Annual Robert C. Sneed TEXAS LAND TITLE INSTITUTE, December, 2009, San Antonio, Texas.
Author/speaker, "Complying with Storm Water and Surface Water Management Regulations" (25 pages), Texas Water Laws and Regulations, HalfMoon Seminars, April 30, 2009, Austin, Texas.
Author/Speaker, "Complying with Storm Water Regulations," Lorman Seminars, Texas Storm Water Law and Regulations, August 12, 2009, Austin, Texas.
Author/Speaker, "New Phase I Requirements for Real Estate Transactions: Implications of The New 'All Appropriate Inquiries' Rule" (67 pages), State Bar of Texas 28th Annual Advanced Real Estate Law Course, June 29 – July 1, 2006, San Antonio, Texas.
Author/Speaker, "Curious Characteristics of Karst: Legal Environmental Considerations," American Bar Association Section of Environment, Energy and Resources, October 3-7, 2001, Adam’s Mark Hotel, St. Louis, Missouri.
Faculty Member and Author/Speaker, "Recent Developments – Texas Water Law," the University of Texas School of Law 3rd Annual Conference on Land Use Planning Law, March 4-5, 1999, Austin, Texas

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