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Biography
Brenda L. Clayton is a partner in the firm's Environmental and Administrative Law and Appellate practice groups. Ms. Clayton attended the University of Texas, where she received her bachelor of arts, with honors, in 1980, and her juris doctor, with honors, in 1992.
Ms. Clayton's environmental and administrative law practice includes regulatory matters involving waste and water, such as those arising under the Resource Conservation and Recovery act ("RCRA"), the Clean Water Act ("CWA"), the Texas Water Code, the Texas Solid Waste Disposal Act, the Texas Asbestos Health Protection Act, and other statutes. She handles water rate, water utility, and water district matters; the defense or prosecution of private environmental litigation, such as private suits under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") and the Texas Solid Waste Disposal Act; citizens suits under RCRA and the CWA; and common law tort actions.
Ms. Clayton also regularly represents private third parties before the Attorney General in Public Information Act proceedings in which the third party seeks to protect trade secrets or other confidential information from disclosure to a governmental entity.
In the area of energy law, Ms. Clayton handles regulatory matters and litigation arising from the exploration and production of oil, gas and other minerals.
Ms. Clayton's practice also includes a concentration in appellate law, in which she handles suits for judicial review of agency decisions, as well as appeals from trial court decisions.
Ms. Clayton's professional practice extends beyond the office to her taking leadership roles in the respective Bar Association sections that include her practice areas. She also handles pro bono matters assisting victims of domestic violence.
Ms. Clayton takes to the waters of Town Lake with the Austin Rowing Club, when work and weather allow. She also likes to "think about" traveling, and manages to slip away from time to time to do so.
Education & Honors
University of Texas, B.A., with honors, 1980
University of Texas School of Law, J.D., with honors 1992
Admission & Affiliations
Texas, 1992
State Bar of Texas
Member, Administrative and Public Law Section
Member, Appellate Law Section
Member, Environmental and Natural Resources Section
Member, Oil, Gas and Energy Resources Law Section
Board of Directors, Austin Bar Association, 2006-2007
Founding Fellow, Austin Bar Association Foundation
Austin Bar Association Civil Appellate Section
Council Member, 2003-2005
Secretary/Treasurer, 2005-2006
Chair Elect, 2006
Austin Bar Association Oil, Gas and Mineral Law Section
Vice-Chair, 2004-2005
Program Chair, 2005-2006
Chair, 2006-2007
Member, Austin Bar Association Environmental, Natural Resources and Water Law Section
Significant Matters
Co-counsel in a mandamus action involving the discovery of trade secret information, in which the Texas Supreme Court adopted a new definition of a "trade secret," held that seismic data may be entitled to trade secret protection, and held that a plaintiff must plead a viable claim in order to obtain trade secret data from a defendant in the course of litigation
Co-counsel in a case in which the Texas Supreme Court held that a partial assignee could release its interest in an oil and gas lease and take another because he owed no duty to another partial assignee to continue to operate the original lease
Represented a variety of clients in Public Information Act proceedings | 