Fulbright & Jaworski L.L.P.
- Environmental Aspects of Business Transactions
- Environmental Litigation
- Environmental Citizens Suits
- Risk Allocation Management in Large Commercial Transactions
- Alternative Energy
- Electric Industry Regulation
- Energy Contract Litigation
Sey Zimmerman enjoys an active administrative law practice emphasizing litigation, with particular focus on environmental aspects of the law, as well as energy-related matters.
Sey has been a partner with Fulbright & Jaworski L.L.P. since 1983 and is Co-Chair of the Firm's Alternative Energy Practice Group. He has devoted significant time to the firm's Texas' offices, as well as the firm's Washington, D.C. office.
Sey has been involved in a wide range of environmental issues involving refining and chemical companies, mining companies, electric generating companies, paper, computer, and drug manufacturing companies, pipeline companies, laboratories, educational institutions and hospitals. He has handled a wide range of permitting, litigation and business transaction matters with respect to this area of law.
As a result of his significant litigation and his experience concerning the management of environmental risks in business transactions, Sey has been very involved in a series of merger and acquisition matters involving domestic and international facilities where he has negotiated risk allocation provisions covering environmental risk, product liability risks, litigation risks and various other risks.
Sey is also involved in matters involving the regulation of electric energy sales and the development and financing of independent power projects. He has regularly appeared before the Public Utility Commission of Texas (PUCT) and has been very involved in PUCT proceedings related to the deregulation of the electric industry in Texas. Sey also has represented clients in contested matters before the Federal Energy Regulatory Commission (FERC).
Sey has handled significant matters in the Environmental law area and the Energy law area.
Environmental:
- The defense of citizen suits under the Federal Clean Air Act, Clean Water Act and Endangered Species Act, including arguing three cases in the United States Court of Appeals for the Fifth Circuit: Texans United, et. al. v. Crown Central Petroleum Company, 207 F.3rd. 785 (5th Cir. 2000); Sierra Club v. City of San Antonio, et. al., 112 F.3rd 785 (5th Cir. 1997); Friends of the Earth v. Crown Central Petroleum Company; 95 F.3d 358 (5th Cir. 1996)
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Defense of claims assessing property damage from alleged subsurface contamination
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Enforcement of rights under indemnity agreements and agreements for contamination remediation
- Evaluating and negotiating the environmental and risk allocation provisions of transactions involving the purchase, sale and merger of corporations, both internationally and domestically
Energy:
- Investor-owned utility during transition to a deregulated market
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Investor-owned utility in a wide-range of Public Utility Commission dockets, including rate proceedings, enforcement proceedings and proceedings for mergers
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Municipally-owned utilities before the FERC
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Independent power producers, including alternative energy producers, on various regulatory and contracting issues
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Investor-owned utility in significant litigation over electric contracts and fuel supply contracts, including: Power Resources Group, Inc. v. PUC et. al., 73 S.W.3rd 354, 363 (Tex. App.— Austin 2002, pet. denied); Power Resources Group, Inc. v. Public Utility Commission of Texas, et. al., 422 F.3d 231 (5th Cir. 2005)
- American Bar Association
- District of Columbia Bar Association
- State Bar of Texas
- Best Lawyers In America
Sey is a contributing author of the Texas Environmental Law Handbook and has written a variety of publications on environmental law topics, including:
- "Application of Attorney Client Privilege and Work-Product Doctrine in Insurance Coverage," Chapter 21 of the Attorney Client Privilege in Civil Litigation (5th Ed.), The American Bar Association, 2012
- "First-of-a-Kind USFWS Draft Environmental Assessment Approving a Wind Project's Eagle Take Permit," Fulbright Briefing, January 5, 2012
- Co-author, "Litigation Reform Impacts On Environmental Cases," Law360, July 15, 2011
- "Development in legal Challenges to the Siting of Wind and Solar Generation Facilities," Fulbright Trends in Energy Disputes, 2011
- Co-author, "Siting Projects in the U.S.," US-China Quarterly Market Review, a collaborative report by American Council on Renewable Energy (ACORE) and Chinese Renewable Energies Industries Association (CREIA), May 2011
- Co-author, "A Potential Shield Against GHG (Green House Gases) Permits," Law 360, November 16, 2010
- Co-editor, Alternative Energy Glossary and Reference Guide, Fulbright & Jaworski L.L.P., 2008
- "Attorney-Client Work Product Doctrine in Environmental Coverage Litigation," Chapter 23 of the Attorney Client Privilege in Civil Litigation (4th Ed.), The American Bar Association, 2008
- "EPA Adopts Controversial New Rules on Lender Liability," Natural Resources & Environment, 1992
- "Environmental Issues in Sales Transactions: The Seller's Perspective," Natural Resources & Environment
- "U.S. EPA Moves to Protect Financial Institutions from Superfund Liabilities in Environmental Law," Journal of the United Kingdom Environmental Law Association
Sey is a frequent speaker on a number of topics, including governmental enforcement of environmental laws (criminal and civil), compensation for governmental takings, risk allocation and management in business transactions, and electric utility deregulation. He speaks annual at the Fulbright & Jaworski Annual Environmental Law Conference. His recent speeches include:
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"Alternative Energy: Encouraging The Stampede," 21st Annual Energy Human Resource Conference, 2009
- "Risk Allocation and Avoidance of Pitfalls in Transactions," Fulbright & Jaworski, 2008
- "Getting Into the Grid: Transmission Limitations As A Barrier to Wind Projects," National Fulbright & Jaworski Webinar, 2008
- "The Nooks and Crannies of the Energy Policy Act of 2005," Houston Federal Bar Association, 2005
- "An Environmental Lawyer's Tour of Parts of the Energy Policy Act of 2005," The Annual Fulbright & Jaworski Client Conference on Environmental Law, 2005
- "Deregulation in the Texas Power Market," Canadian Corporate Counsel Association, 2003
1974 - J.D., The University of Texas School of Law
1971 - B.A., Williams College
Sey was a law clerk for Judge Owen Cox of the U.S. District Court for the Southern District of Texas. He is certified by the Texas Board of Legal Specialization in Administrative Law.
- Williams College Alumni Fund, Chair (2005 - 2007)
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Volunteer Legal Services of Central Texas, Former President
- St. David’s Episcopal Church of Austin, Texas, Former Senior Warden



