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:

  • "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 22, 2014. 

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  • “2013 Year in Review - Environmental Law,” Jean M. Flores, Michael R. Goldman, and Carrick Brooke-Davidson, Texas Bar Journal, January 2014.

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

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

  • "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,” Michael R. Goldman, Section Report of the Oil, Gas & Energy Resources Section of the State Bar of Texas, Vol. 37, Number 4 (Summer 2013)

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

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  • "Case Law Update,” Michael R. Goldman, State Bar of Texas 25th Annual Texas Environmental Superconference (August 2013).

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  • "Endangered Species in the Oil Patch,” Michael R. Goldman and Jesse Synder, 4th Law of Shale Plays Conference (June 2013). 

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

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

  • "2012 Year in Review - Environmental Law,” Jean M. Flores, Michael R. Goldman, and Carrick Brooke-Davidson, Texas Bar Journal, January 2013.

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

  • “Changing Air Quality Rules For Hydraulic Fracturing” (Co-author) August 2012 State Bar of Texas Environmental Superconference (prepared in connection with related speaking engagement).

  • "Source Aggregation Developments in the Oil and Gas Industry," Environmental News (December 2012).

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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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  • “Environmental Game Changers for Hydraulic Fracturing and Shale Gas Development” to Dalworth Association of Division Order Analyst Spring Seminar (May 2012) (prepared in connection with related speaking engagement). 

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  • "Drilling into Hydraulic Fracturing and Shale Gas Development: A Texas and Environmental Law Perspective"Dallas Geological Society (May 2012) (prepared in connection with related speaking engagement).

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  • "Texas and Federal Environmental Issues Impacting Hydraulic Fracturing and Shale Gas Development" ADAM Energy Forum (May 2012).

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

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  • "Environmental Issues Related to Hydraulic Fracturing and Shale Gas Development and the Laws that Govern" 2012 Permian Basin Landmen's Association Spring Education Seminar (April 2012) (prepared in connection with related speaking engagement).

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  • "Drilling into Hydraulic Fracturing and Shale Gas Development: A Texas and Environmental Law Perspective,"; Fourth Annual Energy Symposium sponsored by Texas Wesleyan Law Review and the Tarrant County Bar Association Energy Law Section in Fort Worth, Texas (March 2012) (prepared in connection with related speaking engagement).

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  • "Environmental Game Changers for Hydraulic Fracturing and Shale Gas Development," Dallas Bar Energy Law Section (March 2012) (prepared in connection with related speaking engagement).

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  • "Texas and Federal Environmental Issues Impacting Hydraulic Fracturing and Shale Gas Development," Council of Petroleum Accountants Societies (COPAS) of Dallas (March 2012) (prepared in connection with related speaking engagement).

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  • "Environmental Issues Related to Hydraulic Fracturing and Shale Gas Development and the Laws that Govern," Desk and Derrick Club of Dallas (March 2012) (prepared in connection with related speaking engagement).

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  • “Drilling into Hydraulic Fracturing and Shale Gas Development: A Texas Environmental Law Perspective” (October 2011) (prepared in connection with related speaking engagement). View this article.

  • “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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  • “Environmental Case Law Update: An Idiosyncratic View,” Dallas Bar Association Environmental Law Section (April 2011) (prepared in connection with related speaking engagement).

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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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  • “Environmental Litigation in the Barnett Shale,” Fort Worth Association of Petroleum Landmen (March 2011) (prepared in connection with related speaking engagement).

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  • “Environmental Game Changers: Texas Oil & Natural Gas Industry,” Petroleum Engineers Club of Dallas (January 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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  • “The Hidden Agendas Behind Citizen Suits,” POWER Magazine (September 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)
  • “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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  • “The Continuing Fight Over the Continuing Violation: Another Battle at Bull Run,” American Bar Association, Section of Environment, Energy and Resources, Environmental Enforcement and Crimes Committee Newsletter (November 2007)

  • “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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  • “Working With Expert Witnesses,” 17th Annual Texas Environmental Superconference (August 5, 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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  • “Chapter 34, Ethical Considerations,” Texas Practice, Vol. 46, Environmental Law, Thompson/West (2005).

  • “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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  • “New Storm Water Permitting at Small Construction Sites,” Texas Lawyer (March 2003).

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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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  • “Environmental Case Law Update – Anything Goes,” 14th Annual Texas Environmental Superconference (August 2002) (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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  • “The Care and Feeding of Attorneys: An Environment Engineer’s Guide to Working with Lawyers,” Environmental Engineer (October 2001).

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  • “Texas Voluntary Cleanup Program,” in Brownfields: A Comprehensive Guide to Redeveloping Contaminated Property (American Bar Association, Second Edition 2001). ABA Book Store

  • “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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