Brenda L. Clayton

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
• Member, Council of the State Bar of Texas Appellate Section, 2009

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

pro bono activities

• Chair of the Screening Committee of the Third Court of Appeals Pilot Pro Bono Project
• Co-Chair of the Pro-Bono Committee of the State Bar of Texas Appellate Section