Publications

Among the publications Guida, Slavich & Flores attorneys have authored or co-authored over recent years, and which are available either online or upon request, are the following:

  • “Texas’ Affirmative Defense SIP Provisions: National Policy or Regional Action,” American College of Environmental Lawyers Blog ( July 2020)

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  • "Not for the Squeamish of Faint of Heart!  Clean Air Action Section 112(r) Chemical Accident Prevention," 31st Annual Texas Environmental Superconference (August 2019) (prepared in connection with related speaking engagement).

     

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  • "The Murky Waters of the United States", Dallas Bar Association Headnotes (May 2019)

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  • 2018 Year in Review - Environmental Law," Texas Bar Journal, January 2019.

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  • "Texas Close 'Em: Municipal Setting Designations as a Closure Tool," American Bar Association, Section of Environment, Energy, and Resources, Environmental Transactions and Brownfields Committee (November 28, 2018), 

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  • "Protecting Your Client's Backside from Environmental Downside: How Buyers Can Assess and Manage Environmental Exposure in Real Estate Transactions," 40th Annual State Bar of Texas Advanced Real Estate Law Course (July 2018) (prepared in connection with related speaking engagement).

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  • "When Construction Projects Head to Municipal Court: Storm Water Enforcement", Guida, Slavich & Flores, P.C. (May 2018).

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  • "Knowing Your (Activity and Use) Limitations", Guida, Slavich & Flores, P.C. (April 2018).

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  • "Is Environmental Regulation Dead?," Risk Management Magazine (online edition), November 27, 2017

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  • "Who is the Consultant Working for?" Guida, Slavich & Flores, P.C. (October 2017).

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  • "Can You Dig It? Environmental Law for the Construction Industry," 13 State Bar of Texas Construction Law Journal 18 (Summer 2017).

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  • "Environmental Law Impacts in Construction Projects, " Dallas Bar Association Construction Law Section (June 2017) (prepared in connection with related speaking engagement).

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  • "Seller Beware, Too", Dallas Bar Association Headnotes (August 2016)

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  • "Addressing Environmental Issues in the Acquisition of Operating Assets from Financially Distressed Sellers,"  28th Annual Texas Environmental Superconference (August 2016) (prepared in connection with related speaking engagement).

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  • "Methane Rules for Oil and Gas Production," Dallas Bar Association Energy Law Section Review of Oil and Gas Law XXXI Seminar, (August 2016) (prepared in connection with related speaking engagement).

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  • "Does “No” Mean “No”?" Guida, Slavich & Flores, P.C. (March 2016).

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  • “New Law Shortens Big Stick of Local Governments”, Dallas Bar Association Headnotes (March 2016)

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  • "Property Tax Relief for Texas Pollution Control Properties," Guida, Slavich & Flores, P.C. (February 2016).

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  • Chapter 35, Ethical Considerations,” Environmental Law, 2015-2016 ed. (Vol. 46, Texas Practice Series) (2015).

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  • "2015 Year in Review - Environmental Law," Guida, Slavich & Flores, P.C. (January 2016). 

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  • "EPA Publishes Notice of eDisclosure Portal Launch," Guida, Slavich & Flores, P.C. Environmental News (December 2015). 

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  • "Greenhouse Gas Rules Choke Texas," Guida, Slavich & Flores, P.C. Environmental News (December 2015)

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  • "Seller Beware," Guida, Slavich & Flores, P.C. Environmental Views You Can Use (April 2015).

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  • “2014 Year in Review - Environmental Law,” Texas Bar Journal, January 2015.

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  • "New Owners Eligible for Privilege and Immunity Under New Texas Audit Policy, Update on the Texas Environmental, Health, and Safety Audit Privilege Act,” Environmental Compliance Meeting, City of Grand Prairie, Texas (January 2014). 

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  • “2013 Year in Review - Environmental Law,”  Texas Bar Journal, January 2014.

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  • "Texas Summary, 50-State Survey of Protections Available for Purchasers of Contaminated Property," American Bar Association, Litigation Section, Environmental Litigation Committee, and Subcommittee of Women Environmental Litigators.

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  • Chapter 35, Ethical Considerations,” Environmental Law, 2013-2014 ed. (Vol. 46, Texas Practice Series) (2013).

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  • "ASTM Publishes Updated Standard for Phase I Environmental Site Assessments,” Guida, Slavich & Flores, P.C. Environmental News (November 2013). 

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  • "A Survey of Typical Claims and Key Defenses Asserted in Recent Hydraulic Fracturing Litigation,” Section Report of the Oil, Gas & Energy Resources Section of the State Bar of Texas, Vol. 37, Number 4 (Summer 2013)

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  • "New Buyer Protections Under the Audit Privilege Act,” Guida, Slavich & Flores, P.C. Environmental News (August 2013). 

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  • “NSPS Ja v. Consent Decrees: Smoking More Now….But Enjoying It Less?” American Fuel & Petrochemical Manufacturers, February 2013 Subpart Ja Workshop.

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  • “From Here To A Penalty: Anatomy of EPA Civil Administrative Enforcement,” 43 Tex.Env. L.J. 129 (2013).

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  • "2012 Year in Review - Environmental Law,” Texas Bar Journal, January 2013.

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  • "Key Federal Laws and Enforcement Actions Impacting Hydraulic Fracturing and Shale Gas Development,” American Bar Association, Section of Environment, Energy and Resource, Environmental Enforcement and Crimes Committee Newsletter (August 2012).

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  • “Changing Air Quality Rules For Hydraulic Fracturing,” 24th Annual Texas Environmental Superconference (August 2012) (prepared in connection with related speaking engagement).

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  • "Texas Municipal Setting Designations," in Implementing Institutional Controls at Brownfields and Other Contaminated Sites (Second Edition) (American Bar Association, 2012).

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  • “New Federal Procedural Rules Govern Cats in Expert Hats,” 23rd Annual Texas Environmental Superconference (August 2011) (prepared in connection with related speaking engagement).

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  • “Allocating Environmental Liabilities and Risks by Contract and Making that Stick,” 33rd Annual State Bar of Texas Advanced Real Estate Law Course (July 2011) (prepared in connection with related speaking engagement).

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  • “EPA Asserts Fracking Contaminated Water Wells,” Dallas Bar Association Headnotes (April 2011).

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  • “Help Clients Comply With the EPA Lead-Paint Rule,” Texas Lawyer (March 21, 2011) Reprinted with permission from the March 21, 2011 edition of Texas Lawyer. ©2010 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited.

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  • “Environmental Strategies for the Barnett Shale,” 2011 Energy Symposium sponsored by Texas Wesleyan Law Review and the Tarrant County Bar Association Energy Law Section (March 2011) (prepared in connection with related speaking engagement).

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  • “As If It Isn’t Enough to Have a Non-Performing Loan: Dealing With Environmentally-Impacted Distressed Assets,” 41 Texas Environmental Law Journal 29 (Fall 2010).

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  • “Texas Voluntary Cleanup Program,” in Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property (American Bar Association, Third Edition 2010).

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  • “Dealing with Environmentally-Impacted Financially-Distressed Assets," 22nd Annual Texas Environmental Superconference (August 2010) (prepared in connection with related speaking engagement).

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  • “Air Quality Issues: Little Patch of Heaven,” 22nd Annual Texas Environmental Superconference (August 2010) (prepared in connection with related speaking engagement).

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  • “What To Do When Your Employee Is Being Investigated,” American Bar Association, Section of Environment, Energy and Resource, Environmental Enforcement and Crimes Committee Newsletter (January 2010).

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  • “RCRA and Nanotechnology,” in Nanotechnology: Environmental Law, Policy and Business Considerations (American Bar Association, 2010).

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  • “Trends in EPA and State Refinery Flare Enforcement,” (Co-author) National Petrochemical and Refiners Association 2009 Environmental Conference (September 2009) (prepared in connection with related speaking engagement).

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  • “Municipal Setting Designations: Allocation and Resolution of Environmental Risk in Real Property Transactions,” 31st Annual State Bar of Texas Advanced Real Estate Course (July 2009) (prepared in connection with related speaking engagement).

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  • “Are D&O Policies at Risk of Climate Change?,” American Bar Association, Tort Trial & Insurance Practice Section, Insurance Coverage Litigation Committee Newsletter (Summer 2008).

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  • “Green Building Codes Become More Prevalent, Stringent,” Texas Lawyer (August 2008).

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  • “Lending Goes Green – What Non-Energy Sector Borrowers Can Expect in the Future,” Environmental Transactions and Brownfields Committee Newsletter (February 2009) (prepared in connection with related speaking engagement).

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  • “What Are We Talking About Here? Securities Disclosure Requirements and Climate Change” in The Law of Climate Change (The Center for American and International Law, November 2008) (prepared in connection with related speaking engagement). View this article.
  • “The Continuation Of The Continuing Violation Fight: Supreme Court Asked To Decide Split Among Circuits On Continuing Violation Controversy,” American Bar Association, Section of Environment, Energy and Resources, Environmental Enforcement and Crimes Committee Newsletter (April 2008)

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  • “Seeking Plant Permits Under the Clean Air Act,” Texas Lawyer (April 2008).

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  • “Environmental Regulations: Practical Considerations and Tips for the Design Professional Practicing Architecture in Texas,” (2008) (prepared in connection with related speaking engagement).

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  • “Environmentally Impaired Real Property: Getting the Deal Closed,” 41st Annual William W. Gibson, Jr. Mortgage Lending Institute (September and October 2007) (prepared in connection with related speaking engagement).

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  • “Power Tools: Using Municipal Setting Designations and the Dry Cleaner Remediation Program to Address Contaminated Property in Texas,” 29th Annual State Bar of Texas Advanced Real Estate Course (July 2007) (prepared in connection with related speaking engagement).

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  • “Municipal Setting Designations Spur Urban Revitalization,” Dallas Bar Association Headnotes (July 2007).

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  • “A Practical Approach for Dealing with Environmental Issues that Impact the Development Process,” in Real Estate Development from Beginning to End (January 2007) (prepared in connection with related speaking engagement).

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  • “Who is Getting Taken To The Cleaners? Working With The TCEQ's Dry Cleaner Remediation Program,” North Texas Association of Environmental Professionals (March 2006) (prepared in connection with related speaking engagement).

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  • “Sow’s Ear to Silk Purse: Commercial Redevelopment of Contaminated Property,” ICSC U.S. Shopping Center Law Conference (October 2005) (prepared in connection with related speaking engagement).

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  • “Shifting Environmental Sands: Cooper Industries, Inc. v. Aviall Services, Inc. and Texas Municipal Setting Designations,” 39th Annual William W. Gibson, Jr. Mortgage Lending Institute (September 2005) (prepared in connection with related speaking engagement).

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  • “Municipal Setting Designations - The Real Estate Community Perspective,” 17th Annual Texas Environmental Superconference (August 2005) (prepared in connection with related speaking engagement).

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  • “Municipal Setting Designations in Texas,” Brownfields News Magazine (April 2005).

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  • “Getting the Deal Done: The Environmental Perspective,” 38th Annual William W. Gibson, Jr. Mortgage Lending Institute (September 2004) (prepared in connection with related speaking engagement).

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  • “Texas Mold, The Litigation Gusher that Didn’t Hit... Yet,” 25th Annual Corporate Counsel Institute (March 2003) (prepared in connection with related speaking engagement).

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  • “Update on the Law of Wetlands,” North Texas Association of Environmental Professionals, Rules and Reality, Making Environmental Issues Work For Your Community (2003) (prepared in connection with related speaking engagement).

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  • “Enviroterrorism: Long Term Challenges,” Director’s Monthly (June 2002). Reprinted 13 Environmental Protection 24 (September 2002).

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  • “Lawyer’s Perspective on Environmental Reporting Ethics,” State Bar of Texas, 14th Annual Texas Environmental Superconference (2002) (prepared in connection with related speaking engagement).

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  • “Disclosure Obligations and Reporting Requirements for Environmental Contamination,’ State Bar of Texas, Doing the Real Estate Deal: The Ultimate Environmental Tool Kit (2000) (prepared in connection with related speaking engagement).

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