Patrick J. Larkin
Pat Larkin helps clients to monetize, mitigate, and manage environmental liabilities and obligations.
Pat represents industrial, aviation, mining, real estate, and retail clients in air, water, and waste issues arising in transactions, site remediation and development projects, compliance counseling and audits, government enforcement actions, cost recovery claims, and more. He has practiced as an in-house environmental counsel and as Regional Enforcement Attorney with the U.S. Environmental Protection Agency.
Named among The Best Lawyers in America® for Environmental Law (2008-2024) and Litigation-Environmental by Best Lawyers (2011-2024)
Named among Best Lawyers in Dallas by D Magazine (2016)
Rated AV Preeminent by Martindale-Hubbell
Ranked by Chambers USA for Environment (Texas)
Dallas County Local Emergency Planning Committee, Member
Texas Association of Business, Dallas Chapter, Environmental Committee, former Chairman (2001-2004)
City of Dallas – Environmental Health Commission, Appointee, Brownfields Committee Chair (2000-2003)
Greater Dallas Chamber of Commerce, Environmental Committee
Air and Waste Management Association, Member
North Texas Association of Environmental Professionals, Member
Industry Council on the Environment, Member
State Bar Licenses
- Defended favorable settlement of EPA/DOJ fuel additive judicial enforcement case.
- Coordinated defense of Texas air and toxic release reporting, enforcement action with multi-state compliance audits to secure penalty immunity for potentially related violations at sister facilities.
- Hazardous waste generator compliance counseling and defense of government claims against pharmacy, medical services, and laboratory service providers.
- Defended multiple EPA stormwater permitting enforcement cases (conservation and MSGP).
- Defense of state criminal environmental charges against manufacturing facilities and managers arising from surface water spill events.
- Defended Texas POTW in civil judicial case by the US Department of Justice and US EPA.
- Represented Fortune 50 aviation company in US EPA industry-wide enforcement initiative, resulting in an administrative settlement and nominal penalty.
- Led internal investagation of fuel-related Clean Air Act violations by national transportation company; negotiated multi-State compliance audit and penalty immunity, including settlement with Cal-EPA and US DOJ.
- Emergency release event investigations and defense of EPA and OSHA administrative penalty actions under Risk Management Plan/Process Safety Management programs.
Counseling, Remediation, and Transactional
- Represented furniture and office equipment manufacturer in environmental diligence for portfolio of industrial facilities, including merger agreement negotiations, pre-purchase compliance audits, post-Closing penalty immunity disclosures, and negotiation of permits and operational corrections.
- Permit counseling and contested cases challenge to agency BACT determination for glass furnace combustion emissions.
- Permit counseling for power plant cooling water lagoons.
- Compliance counseling and defense of government claims related to retail, distribution, and food manufacturing refrigeration systems.
- Compliance counseling and defense of government claims alleging violations of chemical inventory and release reporting requirements. (e.g., backup power systems, refrigerants)
- Designed retail-returns/hazardous waste disposal program for national waste disposal company.
- Designed and executed environmental diligence for portfolio of industrial facilities, including pre-purchase compliance audits, post-Closing penalty immunity disclosures, and negotiation of permits and operational corrections.
- Directed pre-purchase vapor intrusion risk analysis and post-closing mitigation for portfolio of industrial facilities.
- Obtained city ordinance institutional controls, ie., Municipal Setting Designations (MSDs), for solvent and petroleum-contaminated facilities, including participation agreements and trespass settlements with adjacent properties.
- Represented industry stakeholder groups in negotiation and comment on agency-proposed regulations and policies.
- Designed and executed audits of environmental management systems (EMS) for chemical and plastics manufacturing facilities in the U.S., Mexico and Europe.
- Obtained expedited issuance of various media permits for purchaser of steel foundry.
- Release event/process upset reporting and permit compliance counseling.
Real Estate Development and Construction
- Extensive experience in waste system and water supply permitting necessary for development and operation of resorts, hospitality, restaurant, country clubs and amusement park facilities.
- Environmental diligence, risk assessment, and indemnity negotiations for acquisitions of real property portfolios for national REIT, consisting of several to hundreds of free-standing retail properties (restaurants, ‘dollar’ stores, ‘C-stores’).
- Remediation and retail redevelopment of industrial “Brownfields” sites.
- Designed and supervised environmental due diligence for acquisition of portfolios of auto-body repair facilities.
- Counsels on Wetlands permitting and mitigation requirements, Clean Water Act Jurisdictional Determinations.
- Stormwater permitting and defense of construction-related stormwater permit enforcement cases, including EPA National Initiative cases.
- Co-Author, “PFAS Ubiquitous And Persistent Chemicals: Assessing Liability And Allocating Risk; Applying Lessons Learning In Industry-Wide Litigation” Texas Environmental Law Journal (November 2019)