Scott D. Deatherage

Experience extends across energy and environmental matters-a rare understanding and expertise for companies seeking advice to resolve environmental disputes, regulatory matters, or to engage in proactive sustainable and renewable projects and strategy. Scott Deatherage has practiced law for over 32 years in the areas of environment law and energy law, and, more recently, blockchain applications to energy and the environment. After spending the majority of his career at large law firms, he formed his own law firm in 2016. He has advised boards of directors, environmental and sustainability committees of corporate boards, manufacturers, private equity firms, banks, energy companies, among numerous other business, governmental, and non-profit entities. He has served on company advisory boards for solar companies and private equity firms and currently serves on the board of directors of a electric vehicle charging company.

Environmental

His environmental experience over the years is extensive and varied. His practice focuses on permitting, compliance, administrative law and judicial litigation on a variety of environmental issues including air emissions, wastewater discharges, hazardous waste, hazardous substances and toxic substances. He has advised clients in matters involving regulatory issues, transactions, and brownfield re-development. His experience includes client counseling, enforcement actions, litigation, permitting and siting, and due diligence and contract drafting in transactions. His experience advising entities in various industries includes: renewable energy, oil and gas, chemical, refining, pipeline, manufacturing, private equity, real estate, banking, electricity generation. Scott Deatherage advises clients on a variety of environmental and energy matters.

The areas of his experience are broad:

• Clean Air Act and air emissions;
• Endangered Species Act, Migratory Bird Act, habitat, and other species issues;
• Wetlands and wetlands mitigation banking/trading;
• Clean Water Act and wastewater issues;
• Resource Conservation and Recovery Act (RCRA) and solid and hazardous Waste Issues;
• Comprehensive Response, Compensation and Liability Act (CERCLA) and hazardous substance matters;
• Brownfield, Voluntary Cleanup, and property remediation and re-development.

Climate Change

As climate change has become a significant corporate issue, Scott has advised clients on greenhouse gas regulation, climate risk and policy, and carbon trading, including greenhouse gas reporting at the state and federal level, greenhouse gas offsets and carbon credits, environmental and climate change disclosure, and the EPA approach to regulating large sources of greenhouse gas emissions under the existing Clean Air Act. He has worked with client to obtain greenhouse gas permits from state and federal agencies.

Blockchain, Smart Contracts, and Cryptocurrency Technology

The rapid growth of blockchain technology is disrupting many businesses and industries. Scott has advised various companies in the space and is focusing time on learning the intricacies of blockchain, smart contracts, cryptocurrency, and cryptocurrency. From working with the North Texas Blockchain Alliance to investing in cryptocurrency and cryptocurrency mining, Scott is both advisor and entrepreneur when it comes to blockchain. His legal work has extended to contracts for blockchain consultants, setting up new blockchain companies, advising cryptocurrency mining companies and drafting mining hosting contracts and profit-sharing agreements between miner owners and hosting companies, to energy and environmental blockchain companies, and those applying blockchain and smart contract technology to renewable energy, microgrids, carbon credits and renewable energy certificates.

Energy

In the energy context, Scott has worked with clients on electricity generation projects totaling more than $5 billion, including:

• Over 55 solar projects, including the Webberville Solar Project near Austin – at the time, the largest solar project in Texas.
• Wind projects in west Texas and other states.
• Distributed solar leases, power purchase agreements for residential and commercial installations.
• Energy efficiency and storage contracts, including negotiation on behalf of an energy efficiency company with a multi-national company for deployment of client technology in over 15 countries.
• Negotiated over 45 ground leases for solar farms.
• Worked on anaerobic digestion projects.
• Represented clients in landfill gas to energy projects.

He has advised clients on natural gas power plant, biofuels, gas to liquid, wind, solar, and other renewable energy projects, including siting and environmental permits and other legal issues, and has advised clients regarding government and utility incentives relating to renewable and energy efficiency projects, as well as property tax exemptions and abatement.

Scott has been selected in various years as a Texas Super Lawyer—Environmental, Best Lawyers in Dallas, Dallas Magazine, Best Lawyers in America, Environmental, Dallas Environmental Lawyer of the Year (2010 and 2015), America’s Leading Lawyers for Business, and Who's Who Legal, Texas.

He graduated from the University of Oklahoma in 1984 with highest honors, graduated from Harvard Law School in 1987 cum laude, and was the Articles Editor for the Harvard Environmental Law Review. He has served as an Adjunct Professor at the University of Texas Law School where he taught Climate Change Law. He has published numerous articles and has made many presentations on environmental and energy issues. In 2011, he published a book entitled Carbon Trading Law and Practice with Oxford University Press. Scott serves on the organizing committee for the University of Texas Law School Renewable Energy Conference and has been a speaker and moderator for panels at this annual program. He is a frequent speak on energy, environmental, and blockchain matters involving energy and environmental issues and markets.