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About Jason

Jason Hutt, chair of the firm’s environmental department, advises and defends clients with a deep appreciation of the high-profile and complex environmental and energy issues of our day. His advice and advocacy are informed by a technical understanding for how energy and key industrial sectors operate as well as an acumen for the challenges Bracewell’s clients must navigate to achieve their business objectives. 

Jason served as the lead environmental lawyer representing Halliburton in the various investigations that arose from the Deepwater Horizon explosion, including President Obama’s Special Task Force, the U.S. Congress and the Chemical Safety Board (CSB). He has advised, litigated and defended on behalf of many other energy and industrial clients to achieve optimal results in the context of administrative, civil and criminal enforcement actions at all levels, including matters involving Environmental Protection Agency (EPA), Department of the Interior (DOI), Department of Energy (DOE), Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ) and state Attorneys General. Jason is a key member of Bracewell's incident response and internal investigation teams for matters subject to the jurisdictional reaches of these agencies.

Jason's experience and perspective inform his advice to project developers, investor groups and financial institutions focused on the business implications of various policy initiatives as well as the environmental risks and liabilities associated with transactions. His thoughts on legal and policy matters are regularly reflected in the mainstream media and trade publications covering energy and environmental issues.

Experience

Recent Notable Matters

Upstream operator — multiyear investigation, disclosure and resolution of potential criminal and civil violations of Sections 402 and 404 of the Clean Water Act and related state statutes in the Marcellus and Eagle Ford plays

Electroplating manufacturer — criminal investigation of potentially unpermitted discharges arising under federal, state and local laws

Oilfield services company — multiyear EPA investigation and Clean Air Act enforcement action, from the issuance of information requests up through the settlement phase, including implementation of the Supplemental Environmental Project

Halliburton Energy Services, Inc. — various investigations that arose from the Deepwater Horizon incident, including President Obama’s Special Task Force, the U.S. Congress, and the CSB. Bracewell’s team brought the matter to a very successful resolution for Halliburton – one that included no criminal charges related to the explosion, the oil spill, or the environmental impacts.

Upstream Operator — Consent Decree negotiations arising from an investigation and voluntary disclosure of Clean Water Act and state statute violations

Independent Terminal Operator — permitting strategy and shared facilities arrangement for air, water and waste authorizations for bifurcated facilities in multiple states

The Sterling Group — The acquisition, operation and divestiture of a middle market private equity firm’s portfolio companies. Recent work included serving as lead environmental counsel in: acquiring the U.S. domestic assets of a European designer and manufacturer of trailer axles, trailer and caravan components, and chassis and motorized chassis, with more than 20 locations around the world; acquiring several bathware­related businesses across the U.S. in supporting the formation of the American Bath Group; and divesting a company that specializes in providing fully operated and maintained crane services, heavy rigging and specialty hauling services.

Cabot Oil & Gas Corporation — defended against the Department of Interior's Office of Natural Resources Revenue allegations of knowing or willful violations of FOGRMA relating to the payment of royalties

Baker Hughes Incorporated — multi-year negotiation and implementation of an Administrative Settlement Agreement and Order on Consent (ASAOC) for the investigation of a Superfund site in Missouri. Several federal agencies were involved in the negotiations, including the U.S. Forest Service, the USDA and the DOJ.

Underground Injection Control well owners — seismicity investigations, litigation and enforcement in Oklahoma and Texas

Delek Logistics — regulatory and commercial agreement aspects of joint ventures to develop 107-mile and 80­mile crude oil pipelines

Independent oil and gas company — represented before federal agencies in relation to alleged drinking water contamination, private nuisance claims and federal/state investigations and enforcement

Publications and Speeches

Co-author, “Gorsuch May Further Tip Balance Against Deference To EPA,” Law360, February 14, 2017.

Co-author, “President Trump’s SCOTUS nominee, Judge Neil Gorsuch, suggests a weakening of the Chevron Doctrine with less deference to rulemaking efforts from EPA, DOI and other federal agencies,” Oil & Gas Financial Journal, February 10, 2017.

Presenter, “Energy and Environmental Policy – What to Expect During the New Administration,” SLR Consulting Joint Global, Refining and Upstream Issues Forum, February 9, 2017.

“DOT Site Security Plans: Potential Application to Pipeline as Offerors,” Pipeline & Gas Journal, September 2016.

“From Shale to Sail: Production, Transportation, and Export of U.S. Oil & Gas,” American Bar Association Section of Environment, Energy, and Resources’ Spring Conference, Austin, April 1, 2016.

“Drilling for Solutions: The Future of Fracking,” Vermont Law School, March 18, 2016.

“EPA’s Next Generation Enforcement Initiative: What It Means for the Next Generation of Environmental Auditing,” Auditing Roundtable Webinar, October 7, 2015.

“EPA’s Clean Water Rule: Significant Impacts to Marcellus Gas Extraction and Transmission,” The Marcellus Shale Coalition, Harrisburg, PA, June 23, 2015.

“The BP Oil Disaster Five Years Later,” The Diane Rehm Show, NPR, April 20, 2015.

“Disclosure 2.0: Enter EPA’s E-Disclosure Audit Program,” Law360, June 16, 2015.

“BLM’s Final Fracturing Rule Outlines More Public Land Regs,” Oil & Gas Journal, June 11, 2015.

“Environmental Issues in Energy Production: Overview of Federal Developments,” American Law Institute, Washington, D.C., February 5, 2015.

"Fracking in Europe - EU Parliament Votes to Require Environmental Impact Assessments for Shale Gas Developments," Oil & Gas Financial Journal, October 2013.

“Environmentally Speaking,” Review of Shale Development, Energy and Mining Magazine, August 6, 2013.

"Drilling & Fracking: Who Regulates?" The Federalist Society Podcast, July 12, 2012.

“Unleashing Potential: Finding the Best Regulatory Environment to Boost Responsible Natural Gas Production,” National Journal LIVE/American Chemistry Council Policy Summit, Washington, D.C., March 20, 2012.

“DOE’s Final Report on Shale Gas: Where Do We Go From Here?” Trends, ABA Section of Environment, Energy and Resources Newsletter, January/February 2012.

Credentials

Education

Vermont Law School,
J.D.
1998
magna cum laude
Colgate University,
Bachelor of Arts
1995

Bar Admissions

District of Columbia
New York

Languages

Conversational Spanish

Certifications

United States Coast Guard, Operator of Uninspected Passenger Vessel (OUPV) License

Affiliations

The Vermont Law School
Member, Board of Trustees, 2009 - 2015; Representative, National Alumni Association, 2007 - 2016
American Bar Association, Energy and Environmental Law Section
Women's Council on Energy and the Environment

News

News

Energy In A Trump Administration

December 14, 2016
Oil & Gas Financial Journal

BP spars with states, feds over Gulf of Mexico health

August 16, 2015
Washington Examiner Online

BLM's final fracturing rule outlines more public land regs

June 12, 2015
Oil & Gas Journal (US) - Online

Further federal action unlikely after EPA fracking study

June 10, 2015
SNL Energy Daily Gas Report

Recent developments in regulation of oil and gas NORM

February 4, 2015
Oil & Gas Financial Journal - Online

EPA issues NPDES permits for CA offshore oil and gas operations

January 22, 2014
Oil & Gas Financial Journal - Online

California's next frontier: Development of the Monterey Shale

December 2, 2013
Oil & Gas Financial Journal - Online

New ITC investigation could affect supply of oil and gas tubulars

July 29, 2013
Oil & Gas Financial Journal - Online

EPA takes step towards additional TSCA Regulation of E&P fluids

July 16, 2013
Oil & Gas Financial Journal - Online

Environmentally Speaking

June 6, 2013
Energy & Mining International

Post Election Update

November 9, 2012

Bracewell Giuliani Partner Jason Hutt on Fracking and Environmentalism

October 22, 2012
Corporate Crime Reporter - Online

Anadarko in court on Kerr-McGee case

May 16, 2012
Upstream - Online

Groups seek fuller disclosure of fracking in Wyoming

March 27, 2012
Scientific American Online

EPA Shrinking ‘Halliburton Loophole’ Threatens Obama Gas Pledge

February 1, 2012
Bloomberg News - Washington Bureau

Getting To ‘Yes’ On Shale Gas

August 1, 2011
E & P Online

Knowledge Center

Noteworthy

Noteworthy

The Legal 500 United States
Environment: Litigation, 2013 - 2017; Environmental: Regulatory, 2016 - 2017; Environmental: Transactional, 2016 - 2017; Energy: Litigation, 2013 - 2016
Thompson Reuters
Washington, D.C., Super Lawyers
Environmental and Natural Resources, 2013 - 2017
Vermont Law School
The Vermont Law Review
Associate Articles Editor, 1997 - 1998

Events