Sectors
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Cole Lempke

Associate

Cole Lempke advises clients on a broad spectrum of environmental matters at the local, state and federal levels, including regulatory counseling, permitting, and litigation. His experience spans the power, industrial, and energy distribution sectors, where he helps navigate complex compliance obligations under environmental regulations.

Before joining Foley, Cole was an environmental associate in the Austin office of an internationally recognized law firm. He represented clients in groundwater production and wastewater discharge permitting, including through contested case hearings. Cole also advised clients on Clean Air Act matters, ranging from compliance strategies to rulemaking challenges. He regularly presented to client coalitions on emerging regulatory developments affecting the natural gas industry and wildlife conservation.

During law school, Cole served as a legal clinic student with the Environmental Advocacy Center at the Northwestern Law Bluhm Legal Clinic.

Representative Experience

  • Represented private developer in securing groundwater production permits to support development of its 33,000-acre mixed-use property*
  • Advised power generators on compliance obligations under, and represented them in litigation challenging, Clean Air Act greenhouse gas emissions standards for power plants*
  • Represented plaintiff coalitions in challenges to energy codes disfavoring natural gas throughout the country*
  • Represented energy company in acquisition of pore space easement for underground storage of carbon dioxide*

*Matters handled prior to joining Foley.

Presentations and Publications

  • Speaker, “Case Law Update,” Texas Water Association Annual Convention (March 6, 2025)
  • Speaker, “Water Supply – Challenges and Opportunities,” Baker Botts 38th Annual Environmental, Safety & Incident Response Seminar (February 20, 2025)

Pro Bono

Cole has partnered with a nonprofit immigration advocacy group to represent individuals before the Board of Immigration Appeals and to draft comments on several federal rulemakings.

January 12, 2026 Energy Current

Ninth Circuit Hears Oral Argument in Challenge to California Climate Disclosure Laws SB 261 and SB 253; No Ruling Yet

On January 9, 2026, a three-judge panel for the U.S. Court of Appeals for the Ninth Circuit heard oral argument in a challenge to...
December 11, 2025 Foley Viewpoints

CARB Releases Proposed Regulations for SB 261 and 253

On December 9, 2025, the California Air Resources Board (CARB) released its proposed regulatory text for the initial regulations...
December 2, 2025 Foley Viewpoints

CARB Climate Disclosure Laws Updates: CARB Enforcement Advisory for SB 261 and Docket Opening; Expected Deadline for SB 253

On December 1, 2025, the California Air Resources Board (CARB) provided multiple updates regarding its implementation of Senate Bill (SB)...
November 20, 2025 Energy Current

Ninth Circuit Stays Enforcement of California Climate Disclosure Law SB 261 Pending Appeal

On November 18, 2025, the U.S. Court of Appeals for the Ninth Circuit issued an order enjoining enforcement of California Senate Bill 261...
November 6, 2025 Manufacturing Industry Advisor

“Green” Greenwashing: Emerging Developments in Environmental Marketing Claims

Companies should stay aware of old and new greenwashing trends and take practical actions to guard against such claims. Greenwashing is...
oil refinery plant against blue sky
October 22, 2025 Manufacturing Industry Advisor

Clearing the Path: Environmental Permitting in the Era of Renewed American Manufacturing

U.S. manufacturers face costly delays from complex environmental permitting and NEPA reviews. Learn how recent Supreme Court decisions and federal reforms are streamlining approvals and reshaping project timelines.