Mr. Thompson practices environmental and energy law on a national basis. He represents oil and gas companies in complex litigation, arbitration and allocation proceedings. He also advises corporate clients and their in-house counsel on a wide range of environmental compliance and permitting issues, including spill reporting and disclosure, permitting and permit compliance, remediation, financial assurance, closure and post-closure care, and worker health and safety.
Among other things, he helps clients navigate through the environmental approval process for large-scale development and remediation projects. He has negotiated cleanup cost-cap and property transfer insurance coverage and created innovative contracting solutions to enable development projects and commercial transactions to succeed. He regularly addresses issues under a host of federal and state environmental laws, including the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the Clean Water Act (CWA), the Oil Pollution Act (OPA), the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). In addition, he assists companies in obtaining insurance recovery for environmental liabilities and financial benefits from Brownfields initiative programs. He has supervised environmental facility audits, responded to governmental notices of violation and penalty assessments, and helped formalize corporate environmental policies and procedures.
Mr. Thompson was recognized in The Best Lawyers in America and The Best Lawyers in Kansas City for his environmental litigation work. He is also a frequent lecturer on environmental and real property issues. He was an instructor for a course on the regulatory framework of environmental law at the University of California, Los Angeles. Before joining Shook, Mr. Thompson practiced environmental law at Lathrop & Gage in Kansas City, Missouri, and Parker, Milliken, Clark, O’Hara & Samuelian in Los Angeles, California.
Mr. Thompson’s recent projects and cases include:
- managing and coordinating the work of several attorneys and paralegals in complex, multi-million dollar litigation involving insurance coverage for environmental liabilities at more than 300 waste disposal sites across the country;
- obtaining complete victory for a major oil company in a binding arbitration concerning a Superfund (CERCLA) site in Massachusetts with estimated cleanup costs exceeding $25 million and securing zero share for all future costs and true-up refund for client of nearly $1 million in past costs;
- successfully defending a multinational energy company in a lawsuit filed by the U.S. government to recover nearly $100 million in costs of remediating perchlorate contamination at a former defense production plant in Texas;
- securing Brownfields grant money and insurance coverage for a $17 million business park development and corporate campus of a national company;
- helping effectuate environmental liability transfers in connection with a multi-billion dollar corporate transaction;
- representing major oil companies in Superfund cases in several states across the nation, including sites in Missouri, Kansas, Illinois, Rhode Island, Massachusetts, Montana, New York, New Mexico, Nevada, North Carolina, South Carolina, Texas and California; and
- assisting the nation's largest automotive retailer in developing an environmental health and safety manual for 272 automotive retail and maintenance facilities in 17 states.
Phillips 66 Pipeline LLC v. Rogers Cartage Co., Slip Copy, 2013 U.S. Dist. LEXIS 133688, 2013 WL 4083623, S.D. Ill., Aug. 13, 2013.
United States v. ConocoPhillips Co., Slip Copy, 2012 U.S. Dist. LEXIS 147035, 2012 WL 4645616, W.D. Tex., Sept. 30, 2012.
Phillips 66 Pipeline LLC v. Rogers Cartage Co., Slip Copy, 2012 U.S. Dist. LEXIS 95447, 2012 WL 2862394, S.D. Ill., July 11, 2012.
ConocoPhillips Pipe Line Co. v. Rogers Cartage Co., Slip Copy, 2012 U.S. Dist. LEXIS 51541, 2012 WL 1231998, S.D. Ill., Apr. 12, 2012.
ConocoPhillips Pipe Line Co. v. Rogers Cartage Co., 2011 U.S. Dist. LEXIS 129622, S.D. Ill., Nov. 9, 2011.
Blue Tee Corp. v. ASARCO, Inc., 2005 U.S. Dist. LEXIS 15360, 2005 WL 1532955, W.D. Mo., June 27, 2005.
City of N. Miami v. A&E Constr. Co., 1996 U.S. Dist. LEXIS 21020, 10 Fla. L. Weekly Fed. D. 515, S.D. Fla. Oct. 17, 1996.
Torrance Redevelopment Agency v. Solvent Coating Co., 763 F. Supp. 1060, recon. granted in part, 781 F. Supp. 650 (C.D. Cal. 1991).
Co-Author, DC Circ. Ruling Could Change Pipeline Review Procedure, Law360, Sept. 7, 2017.
Co-author, Environmental Insurance, Appleman on Insurance Law and Practice (2nd Ed., Matthew Bender & Company, Inc. 2008).
Author, Comment, Spoliation of Evidence: A Troubling New Tort, 37 U. Kan. L. Rev. 563 (1989).
Speaker, Minimizing Environmental Liabilities in Commercial Real Estate Transactions, Ultimate Guide to Commercial Real Estate Law Seminar - National Business Institute, Kansas City, Missouri, June 2018.
Speaker, Lawyer Ethics: E-Communications, Social Media, and the Internet, Legal CLE, Midwest Environmental Compliance Conference, Kansas City, Missouri, April 2018 (with Dalton Mott).
Moderator, Oil and Gas: Fracking’s Economic Impact, Expanding Business Opportunities in the New Energy Environment, May 2014.
Speaker, Environmental Issues – Contaminated Property Transactions, National Business Institute, January 2012.
Speaker, Environmental Issues in Real Estate Transactions, National Business Institute, May 2009.
Speaker, Interpreting Coverage Under the Insurance Contract, Insurance Coverage Litigation Seminar, National Business Institute, June 2008.
Speaker, Real Estate Law: Advanced Issues and Answers, National Business Institute, May 2008.
Speaker, Environmental Liabilities in Real Estate Transactions, National Business Institute, September 2007.
Speaker, Environmental Issues in Real Estate Transactions, Real Estate Law: Advanced Issues and Answers Seminar, National Business Institute, May 2007.
Panelist, The Do’s and Don'ts of Due Diligence: Applications to Commercial Real Estate Transactions, The Renaissance of Urban Development: Redefining Community Conference, Los Angeles, California, May 2007.
Speaker, Environmental Issues in Real Estate Transactions, Real Estate Law: Advanced Issues and Answers Seminar, National Business Institute, July 2006.
Speaker, Environmental Issues in Real Estate Transactions, Real Estate Law: Advanced Issues and Answers Seminar, National Business Institute, June 2005.
Speaker, Environmental Issues in Real Estate Transactions, Advanced Real Estate Law in Kansas Seminar, National Business Institute, June 2004.
Panelist, Community Development Partnerships, Kansas City Distressed Properties Forum, June 2001.
Speaker, Permitting Process and Environmental Liabilities, Advanced Real Estate Law in Missouri Seminar, National Business Institute, September 2000.
Panelist, Brownfields Redevelopment: Westside Business Park, Kansas City Brownfields Initiative, November 1999.
Speaker, Trends in Brownfields Redevelopment, Environmental Health and Safety Conference, Associated Industries of Missouri, Lake of the Ozarks, Missouri, May 1999.
Panelist, Westside Business Park, Kansas City Distressed Properties Forum, March 1999.
Speaker, Voluntary Cleanup and Brownfields Redevelopment, Environmental Seminar, St. Louis, Missouri, September 1998.
Panelist, Brownfields Redevelopment, University of Missouri-Kansas City, November 1998.
Speaker, Environmental Audits, Environmental Law for Corporate Counsel Program, American Corporate Counsel Association, October 1996.
Speaker, Permitting Process and Environmental Liabilities; Ethical Obligations - Dealing With Unrepresented Parties, Advanced Real Estate Law in Kansas, National Business Institute, September 1996.
Speaker, Medical Waste Regulation, EPA and Health Law Seminar, April 1996.
Speaker, Underground Storage Tanks, Beverly Hills Bar Association, Beverly Hills, California, May 1995.
Panelist, Insurance Coverage, Practical Tips for Handling an Environmental Case, Beverly Hills Bar Association, Beverly Hills, California, January 1995.
Speaker, Cleaning Up on Insurance Coverage for Environmental Liabilities, Regulatory Framework for Toxic and Hazardous Substances Program, Los Angeles, California, July 1994.
Speaker, Strategies to Maximize Cleanup Recoveries from Insurance Companies and State Funds, Tenth Annual Seminar on Hazardous Waste Management and the Law, Los Angeles, California, May 1994.
Speaker, Latest Developments on Environmental Insurance Coverage, Ninth Annual Seminar on Hazardous Waste Management and the Law, Los Angeles, California, May 1993.