Jamie practices environmental and energy law on a national basis. He represents oil and gas companies in complex litigation, arbitration and allocation proceedings. He also advises corporate clients and their in-house counsel on a wide range of environmental compliance and permitting issues, including spill reporting and disclosure, permitting and permit compliance, remediation, financial assurance, closure and post-closure care, and worker health and safety.
Among other things, he helps clients navigate through the environmental approval process for large-scale development and remediation projects. He has negotiated cleanup cost-cap and property transfer insurance coverage and created innovative contracting solutions to enable development projects and commercial transactions to succeed. He regularly addresses issues under a host of federal and state environmental laws, including the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the Clean Water Act (CWA), the Oil Pollution Act (OPA), the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). In addition, he assists companies in obtaining insurance recovery for environmental liabilities and financial benefits from Brownfields initiative programs. He has supervised environmental facility audits, responded to governmental notices of violation and penalty assessments, and helped formalize corporate environmental policies and procedures.
Jamie has been recognized in Best Lawyers in America and The Best Lawyers in Kansas City for his environmental litigation work. He is also a frequent lecturer on environmental and real property issues. He was an instructor for a course on the regulatory framework of environmental law at the University of California, Los Angeles. Before joining Shook, Jamie practiced environmental law at Lathrop & Gage in Kansas City, Missouri, and Parker, Milliken, Clark, O’Hara & Samuelian in Los Angeles, California.
Jamie’s recent projects and cases include:
- achieving dismissal of a national defense contractor from a lawsuit filed by the U.S. Government for recovery of more than $50 million in remediation expenses allegedly resulting from operations of a 46-acre naval weapons missile production facility in Massachusetts;
- assisting an oil refining company in seeking cost recovery under government contracts for environmental expenses related to the production of aviation fuel during World War II;
- successfully defending a multinational energy company in a lawsuit filed by the U.S. government to recover nearly $100 million in costs of remediating perchlorate contamination at a former defense production plant in Texas;
- obtaining complete victory for a major oil company in a binding arbitration concerning a Superfund (CERCLA) site in Massachusetts with estimated cleanup costs exceeding $25 million and securing zero share for all future costs and true-up refund for client of nearly $1 million in past costs;
- managing and coordinating the work of several attorneys and paralegals in complex, multimillion dollar litigation involving insurance coverage for environmental liabilities at more than 300 waste disposal sites across the country;
- developing an interactive, online platform to assist an international pipeline company in ensuring compliance with complex engineering licensing laws in 40 states for large-scale development projects that cross multiple state lines;
- securing Brownfields grant money and insurance coverage for a $17 million business park development and corporate campus of a national company;
- helping effectuate environmental liability transfers in connection with a multi-billion dollar corporate transaction;
- representing major oil companies in Superfund cases in several states across the nation, including sites in Missouri, Kansas, Illinois, Rhode Island, Massachusetts, Montana, New York, New Mexico, Nevada, North Carolina, South Carolina, Tennessee, Texas and California.
Representative Matters
Keenan v. Boeing Aircraft Corp., Slip Copy, 2020 WL 6947400 (D. Minn., Nov. 25, 2020).
United States v. Raytheon Co., 334 F. Supp. 3d 519 (D. Mass., 2018).
Phillips 66 Pipeline LLC v. Rogers Cartage Co., Slip Copy, 2013 U.S. Dist. LEXIS 133688, 2013 WL 4083623 (S.D. Ill., Aug. 13, 2013).
United States v. ConocoPhillips Co., Slip Copy, 2012 U.S. Dist. LEXIS 147035, 2012 WL 4645616 (W.D. Tex., Sept. 30, 2012).
Phillips 66 Pipeline LLC v. Rogers Cartage Co., Slip Copy, 2012 U.S. Dist. LEXIS 95447, 2012 WL 2862394 (S.D. Ill., July 11, 2012).
ConocoPhillips Pipe Line Co. v. Rogers Cartage Co., Slip Copy, 2012 U.S. Dist. LEXIS 51541, 2012 WL 1231998 (S.D. Ill., Apr. 12, 2012).
ConocoPhillips Pipe Line Co. v. Rogers Cartage Co., 2011 U.S. Dist. LEXIS 129622 (S.D. Ill., Nov. 9, 2011).
Blue Tee Corp. v. ASARCO, Inc., 2005 U.S. Dist. LEXIS 15360, 2005 WL 1532955 (W.D. Mo., June 27, 2005).
Publications
Co-author, Vigilante Regulation: When Anti-Pipeline Activism Becomes Tortious Interference Activists, Grow America's Infrastructure Now, March 2019 (with Phil Goldberg and Dalton Mott).
Co-Author, DC Circ. Ruling Could Change Pipeline Review Procedure, Law360, Sept. 7, 2017.
Co-author, Environmental Insurance, Appleman on Insurance Law and Practice (2nd Ed., Matthew Bender & Company, Inc. 2008).
Author, Comment, Spoliation of Evidence: A Troubling New Tort, 37 U. Kan. L. Rev. 563 (1989).
Presentations
Speaker, Eastern Boot Camp on Environmental Law, Environmental Law Institute, November 2022.
Speaker, Environmental Justice Focus for Oil & Gas Industry, Institute for Energy Law, May 5, 2021 (with Tom Grever and Vanessa Dittman).
Speaker, Lawyer Ethics: Normal Accident Theory, Legal CLE, Midwest Environmental Compliance Conference, Kansas City, Missouri, December 2020 (with Dalton Mott).
Speaker, Minimizing Environmental Liabilities in Commercial Real Estate Transactions, Ultimate Guide to Commercial Real Estate Law Seminar - National Business Institute, Kansas City, Missouri, June 2018.
Speaker, Lawyer Ethics: E-Communications, Social Media, and the Internet, Legal CLE, Midwest Environmental Compliance Conference, Kansas City, Missouri, April 2018 (with Dalton Mott).
Moderator, Oil and Gas: Fracking’s Economic Impact, Expanding Business Opportunities in the New Energy Environment, May 2014.
Speaker, Environmental Issues – Contaminated Property Transactions, National Business Institute, January 2012.
Speaker, Environmental Issues in Real Estate Transactions, National Business Institute, May 2009.
Speaker, Interpreting Coverage Under the Insurance Contract, Insurance Coverage Litigation Seminar, National Business Institute, June 2008.
Speaker, Real Estate Law: Advanced Issues and Answers, National Business Institute, May 2008.
Speaker, Environmental Liabilities in Real Estate Transactions, National Business Institute, September 2007.
Speaker, Environmental Issues in Real Estate Transactions, Real Estate Law: Advanced Issues and Answers Seminar, National Business Institute, May 2007.
Panelist, The Do’s and Don'ts of Due Diligence: Applications to Commercial Real Estate Transactions, The Renaissance of Urban Development: Redefining Community Conference, Los Angeles, California, May 2007.