TOYLAINE HAYMAN SPENCER

With a Masters in Law and experience as an environmental consultant, I have over 25 years in environmental and regulatory training. Considerable experience drafting/analyzing access, operations and service agreements, with attention to indemnity and dispute resolution clauses, involving acute awareness in drafting language regarding communications privilege, business risk and reputation. Focused understanding of underlying issues in negotiations, assuring the Company’s position is secure with environmental risk, liability and contractual obligations. 15 years as experienced mediator, I have the ability to leverage dispute resolution skills in identifying often unforeseen issues and the resolution of claims expeditiously, while working effectively in adversarial business environments such as uncooperative and potentially litigious property owners and other third party stakeholders. Experience with onshore and offshore wells, and regulatory agencies BSEE and BOEM. Organized and dependable analytical problem-solver with excellent communication skills, success at managing multiple priorities with a positive attitude with the willingness to take on added responsibilities to meet team goals.

• Support of health, safety, security and environmental management systems with regard to program planning, development and awareness.
• Environmental contribution and cost recovery under CERCLA, including knowledge of Superfund, brownfield, and municipal solid waste regulations.
• Complex regulatory research for clients and attorneys in an effort to maximize legal support to include state and federal statutory/regulatory requirements pertaining to onshore/offshore pipelines, chemical plants and refineries.
• Collaboration with pipelines to firm up compliance assurance protocol in light of new FERC pipeline audits; track compliance procedures and documentation in preparation of pending audit.
• Coordination of DOJ reimbursement and tracking with regard to superfund sites.
• Prepare and carry out performance of environmental audits under the Texas Environmental Health and Safety Audit Privilege Law, as well as conduct environmental incident investigations on behalf of industrial clients.
• FERC responsibilities including Form 6 pipeline reporting, compliance assurance and auditing programs.
• Research and preparation of regulatory reports, including Emissions Inventory and Toxic Release Inventory.
• Drafting of technical comments to the US EPA with regard to permitting and compliance.
• Understanding of air emissions estimation and quantification, as well as review and analysis of environmental data with regard to permitting and compliance.
• Gulf Coast port authority work with regard to ISO auditing, environmental permitting, compliance and enforcement, as well as tenant lease review and emergency response.
• Prepare presentations to clients with regard to environmental updates, permitting strategy, and environmental justice within the community.
• Working knowledge of Title V, NSPS, MACT, PSD/NSR, PBR, NPDES, RCRA, SPCC, as well as TCEQ.
• Represent employer in regard to client development, technical/trade organizations, and regulatory agencies.
• Legacy retail property investigation, due diligence, and response to agency requests to reduce business’ bottom line and to prevent litigious outcomes.
• Legacy oil and gas well due diligence in an effort to assess corporate history to effectively minimize agency enforcement actions and penalties; active participation in defending Shell against well ownership issues.
• Proficient in 30 Texas Administrative Code and other regulatory statutes to include the Clean Air Act and Clean Water Act.
• Responsible for daily tracking of updates and revisions in relation to state and federal environmental and administrative rules and regulations.
• Knowledge of field sampling as relative to groundwater monitoring and soil sampling; extensive knowledge with petroleum storage tanks.
• Permitting and compliance with regard to air, water and hazardous waste to include permits, acquisitions and enforcement under state and federal laws.
• Contract drafting and analyses, including access, operations and service agreements, with attention to indemnity and dispute resolution clauses.
• Coordination and selection of outside counsel with regard to environmental support for Shell refineries and Shell Pipeline.
• Adept at working with consultants on a technical level, as well as with a legal understanding of the issues.
• Vast experience with contested case hearings relative to enforcement and permitting matters before various state agencies including the EPA and the TCEQ in front of the State Office of Administrative Hearings.
• Assistance with the launch of the new Shell HSSE & SP Global Portal.
• Draft and carry out all Public Information, Open Records, and Freedom of Information Act Requests.

Cisselon Nichols, Sr. Attorney, Shell Litigation cisselon.nichols@shell.com

Mark Hodor, Sr. Attorney, Shell LSPT mark.hodor@shell.com

Andy Andrews, GeoSyntec,

Andrea Wing, SGW Principle PM, andrea.wing@shell.com