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:  
   
  • "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).

  • "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). View this article

  • "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). View this article

  • "Municipal Setting Designations Spur Urban Revitalization," Dallas Bar Association Headnotes (July 2007). View this article

  • "Environmental Disclosure Due Diligence: Taking the Next Step in Environmental Due Diligence," American Bar Association, Section of Environment, Energy and Resources (March 2007) (prepared in connection with related speaking engagement). View this article

  • "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). View this article

  • "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). View this PowerPoint presentation

  • "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). View this article

  • "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). View this article

  • "Municipal Setting Designations - The Real Estate Community Perspective," 17th Annual Texas Environmental Superconference, State Bar of Texas (August 2005) (prepared in connection with related speaking engagement). View this article

  • "Working With Expert Witnesses," Seventeenth Annual Texas Environmental Superconference (August 5, 2005) (prepared in connection with related speaking engagement).

  • "Municipal Setting Designations in Texas," Brownfields News Magazine (April 2005). View this article

  • "The Emperor Has No Clothes: Going Naked on Environmental D&O Exposures," Risk Management Magazine (December 2004). View this article

  • "Mothballing and the Balance of Pain," Brownfield News (September/October 2004). View this article

  • "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). View this article

  • "How the Outside Can Help The Inside: Corporate Counsel Can't Do It All," Business Law Today (July/August 2004). View this article

  • "Environmental Transparency: Five Areas for Concern," Financial Executive (June 2004). 

  • "Pollution Risk Oversight," Directors Monthly (February 2004). View this article

  • "Clean Air Challenge," Ft. Worth Business Press (August 2003).

  • "Uninsured and Undisclosed Environmental Liabilities Pose Risks for Directors," Directors Monthly (May 2003) View this article

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

  • "Texas Mold, The Litigation Gusher that Didn't Hit... Yet," 25th Annual Corporate Counsel Institute (March 2003) (prepared in connection with related speaking engagement). View this article

  • "Enviroterrorism: A Long-Range View," Environmental Protection (September 2002). View this article

  • "Environmental Case Law Update--Anything Goes," Fourteenth Annual Texas Environmental Superconference (August 2002) (prepared in connection with related speaking engagement).

  • "Enviroterrorism: Long Term Challenges," Director's Monthly (June 2002). View this article

  • "The Care and Feeding of Attorneys: An Environment Engineer's Guide to Working with Lawyers," Environmental Engineer (October 2001). View this article

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

  • "Trash into Treasure: Legal Issues Involved in Redeveloping Brownfield Properties," Texas Lawyer (March 2000).

  • "Traffic Jam: The Intersection of CERCLA and the Bankruptcy Code," 8 Environmental Regulation and Permitting 75 (1998).
  • "Regulatory Conundrums in Texas Environmental Law," Texas Lawyer (1998).

  • "Brownfield Redevelopment: Defying the Law of Unexpected Consequences," 6 Environmental Regulation and Permitting 3 (1997).

  • "Real Estate Asset Enhancement Using Texas Voluntary Cleanup Program," in Conference on Land Use Planning Law (University of Texas, 1997) (prepared in connection with related speaking engagement).

  • "Fiduciary Liability: A New Safe Harbor Under CERCLA," 6 Environmental Regulation and Permitting 25 (1997).

  • "Civil Judicial Enforcement and Agreed Final Judgments," in Advanced Environmental Law Course (State Bar of Texas, 1996) (prepared in connection with related speaking engagement).

  • "Structuring Considerations in Transactions with Environmental Issues," in Advanced Environmental Law Course (State Bar of Texas, 1996) (prepared in connection with related speaking engagement).

  • "Overview of Transactional Issues in Deals with Environmental Liability and Risks," in Advanced Environmental Law Course (State Bar of Texas, 1996) (prepared in connection with related speaking engagement).

  • "Land Use Law Update: Environmental Issues and Land Use," in Land Use Law Update in Texas (National Business Institute, Inc., 1996) (prepared in connection with related speaking engagement).

  • "Permitting Process and Environmental Liabilities," in Advanced Real Estate Law in Texas (National Business Institute, Inc., 1995) (prepared in connection with related speaking engagement).

  • "Wetlands: Civil Penalties and Criminal Enforcement," in Fifth Annual Conference on Critical Land Use & Development Issues (CLE International, 1995).

  • "Show and Tell: New Developments Impacting Disclosure of Environmental Liabilities," 3 Journal of Environmental Permitting 327 (1994).

  • "Environmental Issues Affecting Construction Lawyers and Their Clients," (Dallas Bar Association, 1994) (prepared in connection with related speaking engagement).

  • "Allocation of Environmental Risks: Indemnification, Hold Harmless and Damage Limitation Agreements: Pitfalls, Perils and Loopholes - A Negotiating Exercise," in Doing The Big Deal Without Generating The Big Case (American Bar Association, 1994) (prepared in connection with related speaking engagement).

  • "Financial Disclosure of Environmental Liabilities," in Advanced Environmental Law Course (State Bar of Texas, 1994) (prepared in connection with related speaking engagement).

  • "Environmental Issues Affecting Emerging Growth Companies," in Emerging Growth Companies (State Bar of Texas, 1993) (prepared in connection with related speaking engagement) and reprinted in 31 Bulletin of Business Law Section 41 (State Bar of Texas, June 1994).

  • "On-Site Reclamation of Solvent-Containing Wastes: Classification and Permitting under RCRA," 3 Journal of Environmental Permitting 73 (1993/1994). 

  • "Spoliation of Evidence: Let's Have a Rule in Response," 60 Def.L.J. 553 (1993).

  • "Negotiating RCRA Corrective Action Orders," 2 Journal of Environmental Permitting 43 (1993).

  • "The Hazardous Waste Identification Rule," 24 State Bar of Texas Environmental Law Journal 72 (1993).

  • "To Tell the Truth: Environmental Disclosure Duties of Attorneys and Consultants in Texas," in Fifth Annual Texas Environmental Superconference (State Bar of Texas, 1993) (prepared in connection with related speaking engagement).

  • "Beyond Permitting: Environmental Compliance Management Challenges for the 1990's," in 2 Journal of Environmental Permitting 525 (1993).

  • "Don't Buy More Than You Bargain For: Allotment of Environmental Liabilities and Risks in Oil and Gas Transactions," in Review of Oil and Gas Law VII (Dallas Bar Association, 1993) (prepared in connection with related speaking engagement).

  • "Corporate Compliance and Beyond," in Environmental Management in Texas (Institute of Business Law, 1993) (prepared in connection with related speaking engagement).

  • "Discovery Pierces Privileges in Coverage and Bad Faith Actions," 59 Def.L.J. 371 (1992).

  • "Lost Elephant: The RCRA Corrective Action Program," 1 Journal of Environmental Permitting 125 (1992).

  • "The New Clean Air Act: A Post-Amendment Introduction," 4 Environ. Lit. Comm. Newsletter (ABA Section of Litigation) 9 (1992).

  • "Environmental Indemnification Agreements," in Environmental Law and Litigation in Real Estate Transactions (Southern Methodist University School of Law, 1992) (prepared in connection with related speaking engagement).

  • "Allotment of Environmental Liabilities and Risks in Corporate and Real Estate Transactions," in Hazardous Waste Clean Up (CLE International, 1992) (prepared in connection with related speaking engagement).

  • "The Emergency Planning and Community Right-To-Know Act," in Hazardous Waste In Texas (National Business Institute, Inc., 1992) (prepared in connection with related speaking engagement).

  • "Worried Buyers, Worried Lenders," in Texas Environmental Compliance Management (Institute of Business Law, 1991) (prepared in connection with related speaking engagement).

  • "Property Buyers Should Beware of Environmental Liabilities," Dallas Business Journal, November 8-14, 1991.

  • "An Introduction to the Clean Air Act Amendments of 1990," in Environmental Law: The New Generation (Southern Methodist University School of Law, 1991) (prepared in connection with related speaking engagement).

  • "Regulatory Disclosure Requirements under Environmental Laws," in Environmental Law: The New Generation (Southern Methodist University School of Law, 1991) (prepared in connection with related speaking engagement).

  • "Environmental Issues in the Acquisition of A Going Concern," in What Every Business Lawyer Needs to Know about Environmental Law (State Bar of Texas, 1991) (prepared in connection with related speaking engagement at State Bar of Texas Annual Meeting).

  • "Contractual Efforts to Allocate the Risk of Environmental Liability: Is There a Way to Make Indemnities Worth More Than the Paper They Are Written On?" 44 Sw.L.J. 1349 (1991).

  • "The Impact of Environmental Laws on Transactions Involving Real Estate," in Hazardous Waste in Real Estate Transactions (CLE International, 1991) (prepared in connection with related speaking engagements).