About David E. Cowen

Mr. Cowen associated with the Firm in 1984 and has been a shareholder of the Firm since 1993.

His principal area of practice is environmental law and litigation. Prior to working for the Firm, Mr. Cowen served as a Public Utilities Trial Attorney for the Federal Energy Regulatory Commission in Washington, D.C. Mr. Cowen has worked on over 300 environmentally impacted sites thoughout the United States, many of which involved litigation with private entities contributing to the contamination. Mr. Cowen represents a variety of clients, from major companies, such as the BNSF Railway Company, BP America Inc., Stewart Title Guaranty Company, and Galveston Wharves, to individuals and smaller companies.

AWARDS AND HONORS

•Articles Editor, University of Houston Law Review.
•Member University of Houston ABA Regional Moot Court Team.
•Research fellow (Natural Gas Regulation).
•Teaching fellow (Legal Research and Writing).
•Member, University of Houston Board of Advocates.
•Recipient of two academic scholarships.
•Member Phi Delta Phi, legal academic honors society.
•Rated “AV Preeminent” (highest rating possible) by Martindale-Hubbell
•Outstanding Humanities Major 1979.
•Dean’s List all semesters.
•Who’s Who in American Colleges and Universities.
•Alpha Chi and Sigma Tau Delta academic honor societies.
•Vice President, Marketing Society.
•Vice President, Sigma Tau Delta (English Honor Society).
•Member, Student Senate (two years).
•Precinct Election Judge, Walker County, Texas.
•Academic Scholarship Recipient.

OPINIONS AND PRESENTATIONS

•Speaker, Fall 2001 Pacific Conference (Environmental Law Program), National Association of Railroad Trial Counsel (Santa Barbara, California)
•Speaker, 2003 Southwest and Pacific Regions Combined Meeting, National Association of Railroad Trial Counsel (New Orleans)
•Speaker, November 2002, Railroad Environmental Conference (Champagne-Urbana, Ill.)
•Speaker, Summer 2005, “Environmental Legislative Update”, Texas Port Authorities Annual Meeting
•Speaker, Summer 2005, AAR Environmental Counsel Meeting (Washington, D.C.)
•David E. Cowen, Using the Texas Solid Waste Disposal Act as a Cost Recovery Tool Against Prior Owners and Operators of Underground and Above Ground Petroleum Storage Tank Systems, 34 Tex. Env. L. J. 24 (2003)
•Editor, National Association of Railroad Trial Counsel Environmental Webpage and Database.

 

Awards

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Areas of Law

  • Real Estate
  • Other 6
    • Environmental Regulatory Practice and Cost Recovery
    • Railroad Law
    • Toxic Tort
    • Public Law
    • General Civil Law
    • Employment and Corporate Law

Practice Details

  • Payment Information
    Payment & Cost Features
    Free initial consultation
    Fixed hourly rates
    Fixed fees available
    Accepted Credit Cards
    American Express
    MasterCard
    Visa
  • Firm Information
    Position
    Firm Officer
    Firm Name
    McLeod, Alexander, Powel & Apffel A Professional Corporation
  • Representative Cases & Transactions
    Cases
    Published Opinions: Burlington Northern & Santa Fe Railway Company v. Phillips Petroleum Company, 164 F.Supp.2d 1272 (N.D. Okla. 2001) (seminal Oklahoma case establishing potential common law liability for corporate officers
    directors for non-federal environmental liability)
    Marathon Oil Company v. Texas City Terminal Railway Company, 172 F.Supp.2d 897 (S.D. Tex. 2001) (CERCLA contribution action not available when no federal action)
    Marathon Oil Company v. Texas City Terminal Railway Company, 164 F.Supp.2d 914 (S.D. Tex. 2001) (CERCLA contribution action only remedy available to statutory PRP)
    Burlington Northern & Santa Fe Railway Company v. Consolidated Fibers, Inc., 7 F.Supp.2d 822 (N.D. Tex. 1998) (CERCLA preempts state law corporate dissolution statutes allowing recovery against dead corporations)
    Southl
    Life Insurance Company v. The Estate of Martha Small, 806 S.W.2d 800 (Tex. 1991) (Texas Supreme Court decision first recognizing ERISA preemption of state consumer law causes of action)
    Woods v. City of Galveston, 5 F.Supp. 494 (S.D. Tex. 1998) (Title VII decision recognizing collateral estoppel of state administrative law proceeding finding no discrimination as dispositive in federal civil rights action)
    Shriners Hospitals for Children v. McCarthy Brothers Company, 80 F.Supp. 707 (S.D. Tex. 2000) (construction contract dispute involving interpretation of settlement agreement)
    Maritrend, Inc. v. The Galveston Wharves, 152 F.R.D. 543 (S.D. Tex. 1993) (decision holding that the doctrine of primary jurisdiction required labor dispute between port
    stevedore to be filed with the Federal Maritime Commission)
    City of Centralia, 33 F.E.R.C. P61,221 (1985) (Commission ruling on navigability of Nisqually River in the State of Washington
    federal jurisdiction over locally owned
    operated intra-state power generation facility)
    Transactions
    Represented Seller in $56 Million purchase of Rigzone.com by Dice.Com (2010).
  • Pro Bono Services
    Time Spent on Pro Bono Work: 5%
  • Additional Links

Experience

  • Bar Admission & Memberships
    Admissions
    1982, Texas
    2000, Oklahoma
    2000, U.S. District Court, Northern District of Oklahoma
    U.S. District Court, Northern, Southern, Eastern and Western Districts of Texas
    U.S. Court of Appeals, Fifth Circuit and Tenth Circuit
    U.S. Tax Court
    U.S. Court of Federal Claims
    U.S. Supreme Court
    Memberships

    Professional Activities

    •State Bar of Texas
    •State Bar of Oklahoma
    •Galveston Bar Association
    •Member, National Association of Railroad Trial Counsel
    •Chairman, Environmental Committee, National Association of Railroad Trial Counsel
    •Member. American Association of Railroads Environmental Counsel Committee
    •Member, Environmental Committee of the National Association of Railroad Trial Counsel
    •Member, Texas and Oklahoma State Bar Environmental Law Sections

    Bar Fellowship
    Legal Communications, University of Houston Law Center, 1981. Precinct Chairman, and Election Chairman, Walker County, Texas, 1978-1979; Speaker, Fall 2001 Pacific Conference (Environmental Law Program), National Association of Railroad Trial Counsel (Santa Barbara, California); Speaker, 2003 Southwest and Pacific Regions Combined Meeting, National Association of Railroad Trial Counsel (New Orleans); Speaker, November 2002, Railroad Environmental Conference (Champagne-Urbana, Ill.); Speaker, Summer 2005, "Environmental Legislative Update", Texas Port Authorities Annual Meeting; Speaker, Summer 2005, AAR Environmental Counsel Meeting (Washington, D.C.); Publications: David E. Cowen, Using the Texas Solid Waste Disposal Act as a Cost Recovery Tool Against Prior Owners and Operators of Underground and Above Ground Petroleum Storage Tank Systems, 34 Tex. Env. L. J. 24 (2003); Editor, National Association of Railroad Trial Counsel Environmental Webpage and Database (2001-2004). Member: Galveston and American Bar Associations; State Bar of Texas; National Association of Railroad Counsel (Member, Environmental Committee); Texas Association of Defense Counsel.
  • Education & Certifications
    Law School
    University of Houston Law Center
    Class of 1981
    J.D.
    Other Education
    Sam Houston State University
    Class of 1979
    B.A
    English, Magna Cum Laude
  • Personal Details & History
    Age
    Born in 1957
    Brownsville, Texas, September 4, 1957
    Hobbies & Interests
    Writing, Photography
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Attorneys FAQs

  • What year was this attorney first admitted to the bar?
    David E. Cowen was admitted in 1982 to the State of Texas.
  • Is this attorney admitted to the bar in more than one state?
    Yes, David E. Cowen is admitted to practice in Oklahoma and Texas.
  • Is this attorney Martindale-Hubbell Peer Review rated?
    Yes, David E. Cowen has a 4.8 Peer Rating from Martindale-Hubbell.
  • Does this attorney accept major credit cards?
    Yes, David E. Cowen will accept Visa, American Express and MasterCard.
  • How many attorneys are in this law firm?
    McLeod, Alexander, Powel & Apffel A Professional Corporation has 17 attorneys at this location.