Houston
713.650.2655 Direct
713.650.2400 Fax
jrodriguez@winstead.com

Jordan Rodriguez brings deep expertise in navigating complex environmental and regulatory issues, offering strategic counsel to a diverse clientele, including public and private company clients, private equity firms, and government agencies.

Jordan’s practice encompasses regulatory counseling, remedial issues, environmental litigation, and environmental transactional matters. In litigation, he has successfully defended and pursued high-stakes claims involving violations of state and federal environmental laws, property damage, natural resource disputes, and regulatory enforcement actions. He also has extensive experience advising clients on resolving environmental liabilities arising in transactions.

Before joining Winstead, Jordan served as a trusted advisor to Texas Governor Greg Abbott, playing a pivotal role in shaping environmental policy initiatives. He also worked closely with state and federal agencies to influence regulations and reduce regulatory burdens on businesses. Additionally, Jordan served as senior environmental counsel at a Fortune 500 company, further honing his skills in managing complex environmental challenges at the state, federal, and international levels.

Representative Experience

Environmental Regulatory, Permitting & Counseling

  • Global Energy Infrastructure Company: Served as part of a local counsel team representing a major LNG developer in connection with the development of a large-scale pipeline and LNG terminal. Advised on federal and state environmental permitting frameworks, regulatory risk allocation, and environmental diligence issues relevant to project financing.
  • Data Center Developer: Advised a leading data center developer on the Clean Air Act Title V and Texas Commission on Environmental Quality air permitting requirements, including the development of legal arguments that multiple data centers should not be aggregated as a single major source for Title V permitting purposes.
  • Entertainment & Hospitality Venue Developer: Advised on the development of an outdoor music venue and amphitheater in compliance with the Texas Antiquities Code, including cultural resource risk assessment, permitting strategy, and evaluation of development constraints.
  • Industry Association: Drafted and submitted a legal brief to the Texas Attorney General’s Office in response to a proposed county-wide moratorium on commercial solar development; the Texas Attorney General issued Opinion No. AC-0003 concluded that county commissioners' courts lack statutory authority to impose a blanket moratorium on the siting, construction, operation, permitting, and licensing of utility-scale solar facilities, wholly endorsing our legal argument and leading the county to rescind its moratorium proposal.

Environmental Transactional & Due Diligence

  • Public Research University: Advised a university in connection with legislation (Texas HB 5902, 89th Reg. Sess.), facilitating the transfer of contaminated, formerly federally owned property, including analysis of CERCLA Section 120(h) requirements, deed restrictions, continuing obligations, and liability protections associated with federal property conveyances.
  • Public Research University: Advised a university on the ground lease of university-owned property for development of a large data center, including negotiation of environmental provisions and indemnities, review of Phase I and Phase II Environmental Site Assessments, and coordination with state and federal regulatory agencies on permitting, compliance, and risk allocation.
  • Environmental Services Firm: Advised a regional environmental services provider in the sale of 100% of its equity interests through a stock purchase transaction, including environmental and regulatory due diligence, review of permitting and compliance status, and counseling on permit transfer requirements.
  • Real Estate Developers & Private Equity Sponsors: Advises real estate developers, institutional investors, and private equity sponsors on environmental due diligence and compliance in connection with real estate acquisitions, dispositions, and financings, including Phase I and Phase II Environmental Site Assessments, ECHO compliance reviews, and negotiation of environmental representations, covenants, and indemnities.
  • Global Chemical Manufacturer: Advised the company’s C-suite executives on environmental risks and liabilities in connection with potential acquisitions and dispositions of chemical manufacturing facilities, including due diligence, regulatory review, and risk mitigation strategies.

Environmental Litigation & Enforcement Defense

  • Class I Railroad Company: Represented a major railroad in complex CERCLA litigation involving liability for hazardous substance disposal, with primary responsibility for dispositive motion practice, management of targeted discovery, and participation in a two-week bench trial, including delivering a closing argument; secured a significant summary judgment ruling applying United States v. Bestfoods to establish operator liability under CERCLA in a precedential decision
  • Global Chemical Manufacturer: Represented the company in a Louisiana Department of Energy and Natural Resources enforcement actions alleging violations of EPA UIC Class I well mechanical integrity and reporting requirements, negotiated with agency staff, and successfully reduced the proposed penalty by 70%.
  • Global Chemical Manufacturer: Represented the company in an EPA enforcement action alleging violations of the Clean Air Act Risk Management Program regulations, including analysis of compliance obligations, development of response strategy, and engagement with EPA to address alleged deficiencies.
  • Global Chemical Manufacturer: Represented the company in multiple Texas Commission on Environmental Quality (TCEQ) enforcement actions alleging violations of the Texas Clean Air Act, successfully negotiating reduced penalties by demonstrating the company’s good-faith compliance efforts
  • State Regulatory Agencies: Represented a State Government and its Environmental Department in litigation arising from the Gold King Mine spill, assisting with all aspects of the case, including fact and expert discovery and drafting and briefing substantive and procedural motions in complex environmental litigation against the U.S. Environmental Protection Agency under the Federal Tort Claims Act, CERCLA, and the Clean Water Act.
  • National Homebuilder: Represented a major residential developer in responding to a U.S. Army Corps of Engineers cease-and-desist letter alleging Clean Water Act Section 404 violations, successfully negotiating an after-the-fact permit and avoiding formal enforcement proceedings and civil penalties.
  • Multinational Agrochemical Corporation: Assisted in representing a major chemical company in litigation brought by the Unified Port District of San Diego alleging PCB contamination of San Diego Bay, with primary responsibility for dispositive motion practice and targeted discovery focused on threshold legal and causation issues under CERCLA and related state-law claims.

Land Use & Property Disputes

  • National Homebuilder: Prepared and negotiated a letter of demand against a railroad company alleged to have caused repeated brush fires impacting development property, achieving remediation, vegetation clearance, and operational changes without litigation.
  • National Homebuilder: Advised on responding to third-party subpoenas issued in litigation alleging violations of construction stormwater permits, including regulatory interpretation, document production strategy, and coordination with litigation counsel.

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