Mark Farley

Practice Areas

Mark Farley is a preeminent national workplace safety and crisis management lawyer. Many of the largest global energy companies and chemical manufacturers identify him as their crisis response counsel. A trusted advisor to his clients, Mark's practice is focused on developing a new standard for how companies respond to the multiple governmental investigations that occur in the aftermath of a catastrophic incident.

Mark has served in lead attorney roles for some of the most significant US industrial accidents and transportation incidents in the last 20 years. He recently served as incident response counsel to a hazardous materials shipper who was a participating party to the National Transportation Safety Board (NTSB) investigation into the train derailment in East Palestine, Ohio -- an incident of national interest with significant public and media scrutiny. Mark also represented the company during a rare, multi-day investigative hearing conducted by the NTSB as part of its investigation.

Mark has helped clients respond to investigations by the Federal Bureau of Investigation (FBI), the Bureau of Safety and Environmental Enforcement (BSEE), the US Environmental Protection Agency (EPA), NTSB, the US Chemical Safety Board (CSB), the Occupational Safety and Health Administration (OSHA) and state regulatory agencies. He has strong relationships with agency personnel and senior agency leaders built over decades of experience and mutual respect.

When confronting government investigations, Mark recognizes that defending a client's legal interests is just one part of the equation. Safeguarding an organization's long-term reputation, rebuilding trust, demonstrating cooperation and promptly regaining site control are equally important. He employs a multifaceted approach to incident response, using lawyers, evidence custodians, technical experts, communications consultants and others. He also works to create efficiencies during on-site evidence collection in an effort to reduce idled operations that can cost clients millions.

Career

Mark was one of the lead partners supporting the work of the BP US Refineries Independent Safety Review Panel, which investigated the corporate safety culture and oversight at BP's North American refineries on behalf of an independent panel of experts chaired by former US Secretary of State James A. Baker III. He is often hired to help organizations evaluate their global safety performance and determine whether safety management systems are functioning as intended.

At the request of the Texas Division of Emergency Management, Mark is an instructor at the newly formed Texas Emergency Management Academy. He also serves on the Health and Safety Committee for the Montgomery County Food Bank.

Personal

Best Lawyers in America, 2019-2025

BTI Client Service All Star, 2011, 2019

National Law Journal, Energy & Environmental Trailblazer, 2017

Houston Business Journal, Who's Who in Energy, 2016

Publications

Speaker, Lessons from NTSB East Palestine Investigation, AFPM 2024 National Occupational & Process Safety Conference & Exhibition (May 16, 2024)

Speaker, Common Process Safety Issues from Major Industrial Accidents, Texas Chemical Council 2022 EHS Seminar, Galveston, Texas (June 7, 2022)

Speaker, Inspection RAGAGEP: The Government's Evolving View, American Fuel & Petrochemical Manufacturers (AFPM) 2022 National Occupational & Process Safety Conference, San Antonio, Texas (May 10-12, 2022)

Speaker, Common Process Safety Issues from Major Industrial Accidents, Texas Chemical Council 2021 EHS Seminar, Galveston, Texas (June 9, 2021)

Co-Author, The Chemical Safety Board Quietly Expands Its Incidents Review, Bloomberg BNA Insights (March 23, 2021)

Education