|
Clark, Thomas & Winters has been representing clients in diverse matters before the state legislature and state and federal regulatory agencies since the firm's inception in 1938. The firm's practice includes taxation, licensing, environmental, oil and gas, public utility, transportation, insurance, banking, employment, education, healthcare, and legislative affairs. Nearly half of the lawyers in our firm concentrate their practice on representing clients before state regulatory agencies, including several lawyers who are board certified in administrative law. The firm also has extensive experience bringing litigation against the State, virtually all of which must be brought in Travis County, the firm's home base.
REPRESENTATIVE CLIENT INDUSTRIES
Electric Utilities
Gas Utilities
Telecommunications Providers
Water Conservation Districts
Trade Associations
Alcoholic Beverage Distributors
Hospitals, Nurses, and Physicians
Nursing Homes and Home Healthcare Providers
Property, Casualty, Liability, and Health Insurers
SERVICES
Environmental Permits and LicensesOur environmental work includes matters arising under the state and federal Clean Air Acts, groundwater regulation, state and federal superfund proceedings, and litigation arising under the Environmental Policy Act.
Professional License ChallengesWe have represented numerous individual professionals in licensing proceedings, such as physicians, nurses, and accountants. We also represent businesses in licensing proceedings, such as matters before the Texas Racing Commission and the Texas Alcoholic Beverage Commission.
State Tax MattersOur state tax practice includes representation of businesses before the Comptroller, and in law suits against the Comptroller, on both sales tax and franchise tax. We also have an active, statewide practice representing taxpayers before local appraisal review boards and in lawsuits disputing their property taxes.
Rate and Utility Regulatory ProceedingsClark, Thomas & Winters has represented numerous gas, electric, telecommunications, and water companies in proceedings before the Texas Public Utility Commission, the Texas Railroad Commission, and the Texas Commission on Environmental Quality. This representation has not been limited to rates but also involves CCN proceedings, enforcement proceedings, and any other manner of contested case that may fall within the jurisidction of these agencies.
Rulemaking and Court Challenges to RulesRegulatory agencies continue to increase the amount of policymaking they accomplish in the form of rulemaking. Clark, Thomas & Winters has substantial experience in participating in rulemaking proceedings at various agencies, in preparing comments for its clients, and otherwise making sure its clients' voices are heard.
Trial and Appellate Court ChallengesAlmost all court challenges to state agency orders must be brought in Travis County, with appeal to the Austin Court of Appeals, also based in Travis County. The firm has had long and substantial experience in representing its clients in administrative appeals, as well as in actions to enjoin unlawful agency actions or to obtain a writ of mandamus requiring agency action.
REPRESENTATIVE MATTERS
Represented applicant who sought horse racing track license in contested case proceeding before the Texas Racing Commission.
Represented holders of alcoholic beverage licenses in proceedings before the Texas Alcoholic Beverage Commission.
Represented gas and electric utilities in complex, multi-party ratesetting proceedings.
Successfully challenged in Texas Supreme Court a Public Utility Commission rule providing for the definition and calculation of an electric utility's stranded costs.
Obtained favorable court of appeals ruling determining that actions of the Public Utility Commission adverse to electric utility client were beyond the agency's statutory authority.
Successfully obtained new source air permits for manufacturing companies.
Acted as special administrative and regulatory counsel to the Edwards Aquifer Authority.
Obtained favorable ruling from Texas Comptroller limiting client's franchise tax liabilities.
Obtained negotiated resolution of enforcement action before the Texas State Board of Public Accountancy.
Represented professional engineers in licensing actions before the Texas State Board of Professional Engineers.
Successfully challenged state rules on Medicaid reimbursement and penalties. Worked with regulatory agencies to obtain and maintain state licensure, Medicare/Medicaid certification.
REPRESENTATIVE CLIENTS
CenterPoint Energy Entex
|
