Stephen Fitzgerald

Practice Areas

Stephen advises clients in Texas and nationally on a broad spectrum of environmental matters by utilizing his considerable in-house experience and technical background to provide practical guidance. With his deep understanding of client values, Stephen delivers thoughtful counsel to the regulated community. He has represented clients at more than 180 environmentally impacted sites in all US Environmental Protection Agency (EPA) regions, Europe, and South America. Stephen also supports transactions and litigates environmental, toxic tort, and land use cases in state and federal trial and appellate courts.

Stephen has represented clients at sites that were the genesis of the Superfund program. As part of this practice he has defended clients in federal and state enforcement actions and private party suits under federal environmental statutes including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), the Clean Air Act (CAA), Atomic Energy Act (AEA), Emergency Planning and Community Right-to-Know Act (EPCRA), National Environmental Policy Act (NEPA), Oil Pollution Act (OPA), and related state laws. He also has pursued claims against federal potentially responsible parties. Stephen also advises on enforcement, defense, and construction of environmental indemnities and has managed the environmental financial assurance program for a large oil, gas and chemical company.

Personal

Widener University School of Law, 2005, J.D.

Spring Hill College, 2002, B.S., Biology, President’s Scholar

Expert in these Jurisdictions

Texas

New York

New Jersey

US Court of Appeals for the Third Circuit

US Court of Appeals for the Fourth Circuit

US Court of Federal Claims

US District Court for the Eastern District of Pennsylvania

US District Court for the District of New Jersey

US District Court for the District of Maryland

Professional Memberships

Dallas Advisory Board, The Nature Conservancy

Nonprofit and Corporate Citizenship Award—In-Kind Services Supporter, D CEO Weekly (2020)

Research Editor, Delaware Journal of Corporate Law

Awards