James E. Smith

Houston, TX
Partner

Jim Smith's trial practice generally involves environmental, energy, natural resources, and intellectual property matters. He has tried civil cases in state and federal courts and before arbitration panels. He has tried several contested administrative matters, and has handled appeals of trials and administrative matters to the Fifth Circuit, the Texas Supreme Court, and several intermediate Texas appellate courts. He has also handled several environmental criminal matters for accused corporations. His cases have involved state and federal governmental entities, special interest groups, and private claimants, both corporate and individual.

Education
  • The University of Texas School of Law, Austin, Texas, 1982, J.D., With Honors
  • University of Kansas, 1978, B.S.
    Honors: 
    -Tau Beta Pi, Phi Lambda Upsilon
    Major: Chemical Engineering


Representative Cases
  • Represented a major chemical manufacturing company in a Clean Water Act citizen's suit, brought by a national environmental interest group
  • Represented a large electric cooperative in a contract dispute involving a gas fired power plant
  • Represented a major chemical manufacturing company regarding a disposal site before the state regulatory agency and defended that company in several related toxic tort suits


Admissions to Practice
  • Texas
  • U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas
  • U.S. Courts of Appeals for the 5th and Federal Circuits
  • U.S. Patent and Trademark Office


Memberships & Affiliations
  • State Bar of Texas, Litigation, Environmental, and Intellectual Property Sections
  • American Bar Association, Litigation, Natural Resources and Environmental, and Intellectual Property Sections
  • Houston Bar Association, Litigation, Environmental, and Intellectual Property Sections
  • Fellow, Texas Bar Foundation
  • Mercury Baroque Ensemble
    President Board of Directors


Representative Publications
  • "Balancing the Equities," The Environmental Forum, Jan-Feb 2008
  • "Injunctions for Violations of Environmental Laws: Will the Courts 'Balance the Equities'?, March 2007
  • Co-Author, "Construction Contracts: Liability for Negligent Performance," Construction Executive, March 2007
  • “Lesson from the Sports Page: Do Not Terminate a Contract Unless the Breach Was Material,” Of Counsel magazine, July 2006


Honors and Awards
  • Named "Texas Super Lawyer," Texas Monthly, 2003-2009
  • Selected by Best Lawyers in America and Texas' Best Lawyers for Environmental Litigation, 2005-2008
  • Selected by Chambers USA Guide for Environmental Litigation, 2005-2008
  • Houston Bar Association's President's Award


Selected Prior Experience
  • Exxon Company USA, Process Engineer, 1978 - 1979


Presentations and Seminars
  • Panelist: "Construction Defects and Environmental Issues," Forensic Expert Witness Association, Houston Chapter, 2009
  • "Expert Testimony: The Basic Legal Requirements," Forensic Expert Witness Association, Houston Chapter, 2009
  • "E-Discovery: The New Demands of a Wireless World," American Association of Legal Nurse Consultants, 2006
  • "Fundamentals of Environmental Enforcement," UHCLC Graduate School of Environmental Management, Environmental Law Class
  • "Suggestions on Dealing With Agency Investigations," Environmental Law Enforcement class at South Texas College of Law