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Nossaman LLP

Alan M. Glen

Partner

T 512.813.7943
F 512.651.0670
816 Congress Ave., Suite 970
Austin, TX 78701

Alan Glen has widely-recognized expertise in various areas of federal environmental law, including the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (BGEPA), the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), and the National Historic Preservation Act (NHPA). He also has extensive experience in Texas environmental and land use laws. Mr. Glen represents both public and private entities across the country and has successfully handled dozens of permits and consultations under the ESA.

Mr. Glen and his team have experience with environmental issues affecting transportation, traditional and renewable energy industries, real estate development, water resources, regional planning, agriculture, and mining. Much of Mr. Glen's practice relates to rare and endangered species. Mr. Glen has testified before the U.S. Senate Subcommittee on Fisheries, Wildlife and Water regarding the ESA's interagency consultation process. He is currently working with the American Wind Energy Association on two multi-state, multi-species habitat conservation plans: the Great Plains HCP and the Midwest Wind HCP. He works on numerous other large-scale HCPs, including Regional HCPs for Williamson, Hays, and Comal Counties, Texas, an HCP for 250 miles of Competitive Renewable Energy Zone high voltage electric transmission lines, and a two-county collaborative HCP for four water and electric utilities. Mr. Glen also handles litigation matters under the ESA, including the successful defense of ESA permitting for the largest retail development in San Antonio, Texas and the successful defense of the ESA permitting for a 30-mile 345 kV electric transmission line. Mr. Glen also regularly works on conservation banking matters and assisted in establishing the first species conservation bank in the southwestern region of the U.S. Fish and Wildlife Service.

Mr. Glen served as Vice-Chairman for the steering committee of the Balcones Canyonlands Conservation Plan, a regional habitat conservation plan (HCP) in Central Texas, and was a member of the Recovery Team for the Barton Springs salamander. He received the President's Award from the Texas Capitol Area Builders Association (2000). He was a member of the Board of Directors of Homebuilders Association of Greater Austin (2002-2003). Mr. Glen was President of the Board of Directors of the Real Estate Council of Austin (1997) and received the Council's "Distinguished Contribution Award" in 1996. He also served for several years as Vice Chairperson of the Advisory Council of the Lady Bird Johnson Wildflower Center, a unit of the University of Texas at Austin.

Mr. Glen is a frequent speaker on environmental matters and has chaired the Texas Endangered Species Act, Wind Energy, and National Environmental Policy Act conferences for CLE International. He has also been a guest lecturer at a United States Fish and Wildlife Service National Training Course on conserving endangered species on private lands. He has written a number of articles and papers on Endangered Species Act matters, including a chapter on consultations in the Developer's Guide to Endangered Species Regulation published by National Homebuilders Press, and an article on the "take" prohibition in the Fall 2001 issue of the American Bar Association's journal, Natural Resources & Environment.

Mr. Glen was a research editor for the Texas Law Review during his time at the University of Texas School of Law.  Immediately after law school, he served as a law clerk to the Honorable Homer Thornberry, Judge, United States 5th Circuit Court of Appeals.

Representative Work

  • Texas Department of Transportation (TxDOT). Representing the Texas Department of Transportation to serve as special environmental counsel on complex environmental matters for TxDOT infrastructure projects, including NEPA compliance, and compliance and permitting under the CWA, ESA, and Section 4(f).  TxDOT has received delegation of all federal environmental responsibilities related to transportation projects.
  • Williamson County Road and Highway Work.  Since 2000, Mr. Glen has served as outside environmental counsel to Williamson County, Texas.  This has involved over $500 million in critically needed roads and highway, many of which suffered complex environmental issues, including particularly under the ESA.  A number of these projects were jointly pursed with the Texas Department of Transportation.
  • City of Austin Water Treatment Plant Four.  Successfully represented the City of Austin on environmental issues affecting the largest infrastructure project in the City's history.  Various issues were at stake, including endangered species.  Strong, organized opposition, but ultimately no challenge was filed.  City did provide a prospective full waiver of conflicts for any unrelated matters adverse to the City.
  • Lower Colorado River Authority CREZ Electric Transmission Lines.  Provided environmental advice on various environmental compliance issues affecting 250 miles of Competitive Renewable Energy Zone electric transmission lines.  Representation included obtaining an incidental take permit under the Endangered Species Act.  Despite heavy and highly organized opposition, was able to limit NEPA review to and EA, with a mitigated FONSI, and there were no legal challenges to the project.
  • City Public Service.  Advises municipal utility on ESA compliance issues related to its system-wide infrastructure.
  • San Antonio Water System.  Advises municipal utility on ESA compliance issues related to its system-wide infrastructure.
  • Transmission Company.  Assists a private transmission company with regards to ESA and CWA compliance issues related to state-mandated Competitive Renewable Energy Zone transmission lines in the Texas panhandle.
  • Private Development Company.  Assisted in all environmental aspects of the largest master planned project in the history of San Antonio.  This included obtaining an HCP/Incidental Take Permit under the ESA and successfully defending that permit in a federal court suit brought by Center For Biological Diversity.
  • Private Development Company.  Handled complex CWA and ESA permitting and ongoing compliance issues for this marina community on the Texas Gulf coast.
  • Utility/Renewable Coalition.  Member of legal team leading a growing national coalition of utilities and renewable energy companies.  The coalition focuses on federal wildlife laws and policies affecting construction and operations of member projects across the United States.  Role includes policy-level and project-specific issues impacting member companies. 
  • Species Experience.  Mr. Glen has specific experience with almost all of the listed and rare species encountered in Texas.  These include karst invertebrates, the golden cheeked warbler, the black capped vireo, salamander and other aquifer species, the ocelot, the whooping crane, piping plovers, lesser prairie chicken, eagles, freshwater mussels, various reptiles, and various plants and cacti.
  • Conservation Banking.  Mr. Glen has been a leader in the development of species conservation banks in Texas and elsewhere.  He assisted in developing the first conservation bank in Region 2 of the U.S. Fish and Wildlife Service and in developing the first multi-state programmatic conservation bank in the country.

Awards & Honors

Chosen for inclusion in Best Lawyers in America for Environmental Law from 2008 to 2017
Named one of the top five environmental lawyers in Texas in the Texas Lawyer "Go to Guide" in 2002
Named a "Texas Super Lawyer" in Texas Monthly magazine 2004 - 2007 and 2010 - 2015

Alan M. Glen
Alan M. Glen

Practices

Education

J.D., University of Texas School of Law, 1984, with honors

A.B., Stanford University, 1981, Law Clerk, The Honorable Homer Thornberry, Judge, U.S. 5th Circuit Court of Appeals (1984-85)

Admissions

Texas

U.S. District Court, Western District of Texas

Professional Affiliations

American Bar Association, Section of Environment, Energy and Natural Resources
State Bar of Texas Environmental and Real Estate Sections

Awards & Honors

Chosen for inclusion in Best Lawyers in America for Environmental Law from 2008 to 2017
Named one of the top five environmental lawyers in Texas in the Texas Lawyer "Go to Guide" in 2002
Named a "Texas Super Lawyer" in Texas Monthly magazine 2004 - 2007 and 2010 - 2015

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