Clayton D. Forswall

Associate
clayton.forswall@kattenlaw.com
Houston Office
p+1.713.270.3415
f+1.713.270.3401
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Overview

Clayton Forswall represents clients on a range of environmental and workplace safety matters. As a member of Katten's Environmental and Workplace Safety practice, he routinely advises energy and industrial companies regarding investigations and emergency response matters involving the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA) and the Chemical Safety Board. Prior to joining Katten, Clayton counseled companies, state agencies and individuals on complex matters involving air and water permitting, contested case hearings, the remediation and restoration of contaminated properties, cost-recovery and contribution actions, claims for property and economic damages, and the assessment and recovery of natural resource damages (NRD) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state laws. Outside of the environmental area, Clayton has assisted clients in relation to eminent domain and condemnation actions, common carrier designations for oil and gas pipelines, fraudulent transfer and breach of fiduciary duty claims, maritime law issues, contract disputes, and tort law.

Prior to law school, Clayton worked as an environmental consultant for a global consulting and engineering firm. As a consultant, he assisted real estate developers, upstream, midstream and downstream oil and gas companies, power generation companies, and petrochemical facilities with permitting, groundwater monitoring, and site remediation issues. In particular, he consulted clients on Clean Water Act permits, wetland delineations, Endangered Species Act Incidental Take permits, as well as site assessment, remediation and closure under the Texas Voluntary Cleanup Program, Texas Risk Reduction Program and Louisiana's Risk Evaluation/Corrective Action Program.

Shown below is a selection of Clayton’s engagements.

Experience
  • Representation of an international chemical company in investigations of a multiple-fatality incident by OSHA, Chemical Safety Board, EPA, Texas Commission of Environmental Quality and local authorities, as well as a concurrent National Emphasis Program inspection by OSHA.
  • Representation of a national energy and construction services company in response to incident investigations by OSHA.
  • Representation of a coal gasification plant in relation to compliance with OSHA regulations.
  • Representation of midstream and downstream oil and gas companies in response to OSHA citations.
  • Representation of a mid-size concrete batch plant company in a contested case hearing before the Texas State Office of Administrative Hearings regarding various permit applications, workplace safety matters, eminent domain issues and administrative enforcement actions.
  • Representation of a Texas port entity seeking recovery for damages to port facilities, environmental contamination issues, contract disputes and condemnation actions.
  • Representation of a mid-size construction company in litigation against Harris County related to civil enforcement for alleged violation of state environmental laws.
  • Representation of a national railroad company in litigation related to claims for cost recovery and contribution under CERCLA and state law.
  • Outside counsel to a northeastern state's Department of Environmental Protection regarding natural resource damages, economic damages and remediation costs related to dioxin contamination.
  • Outside counsel to the governor's office and the oil spill coordinator's office for a Gulf Coast state.

Education

  • JD, University of Houston Law Center
  • BA, Economics and Environmental Science, Rice University

Bar Admissions

  • Texas

Memberships

  • Air & Waste Management Association
  • Houston Bar Association, Environmental Law Section, Board of Directors
  • Texas Bar Association
  • Galveston Bay Foundation, Board of Directors
  • Trees for Houston
  • University of Houston Law Alumni Association, Board of Directors
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