March 2016 Headnotes: Energy/Environmental Law

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Dallas Bar Association

HEADNOTES Focus Energy/Environmental Law

March 2016 Volume 41 Number 3

AT&T Donates Funds for Second DBA Habitat House BY DAVID FISK AND ETHAN MINSHULL

Every spring, the Dallas Bar Association partners with Dallas Area Habitat for Humanity to sponsor and build a new home for a deserving family. The DBA Home Project brings together attorneys, judges, legal assistants, court reporters, and others in the legal community who volunteer their time, money, and hard work to this worthy cause. The DBA Home Project began in 1991, and this spring we will be building our 25th Habitat home. In honor of building our 25th Habitat home, we will be partnering with AT&T to build not one, but two Habitat homes this spring. The second home is already fully funded, thanks to the generosity of AT&T through its Senior Executive Vice President and General Counsel David McAtee and the work of DBA President Jerry Alexander and DBA First Vice President Michael Hurst. “AT&T is delighted to be a part of the DBA Home Project and I cannot wait to see the DBA/AT&T House built,” said Mr. McAtee.

Mr. Alexander acknowledged that the generosity of AT&T in partnering with the DBA to fund and build a second Habitat home “is tremendous, and we are all very grateful for it. Most importantly, to all of us, as pointed out to me by David McAtee, a family who did not think they would be able to get a house this year will be able to get one!” The two homes will only be a few houses apart, and volunteers of all skill levels are encouraged to get involved. Building a Habitat home is a very rewarding team building experience and a great way for the Dallas legal community to come together and make a positive impact in our community. Each home that our volunteers build is

not a gift per se. The DBA Home Project collects the necessary funds to pay for the construction costs and organizes the volunteers to build the home, while Dallas Habitat provides qualified families a tangible asset at below cost with an affordable mortgage. Homeowners contribute “sweat equity” by building on their own home and the homes of their neighbors, and they also participate in Dallas Habitat’s Homebuyer Education classes, which equip families with a stronger understanding of budgeting, home maintenance, and the various skills needed to empower them with stability and success. In 2016, the two Habitat homes we will be building are in West Dallas. We need your help to raise the money needed to

cover the DBA’s gift to Dallas Habitat and to continue the DBA’s legacy and positive impact in our community. If you are interested in participating in the DBA Home Project as a committee member, a volunteer, or a donor, please contact one of the 2016 Co-Chairs, David Fisk, at dfisk@krcl. com, or Ethan Minshull, at eminshull@ wickphillips.com. You can also get additional information about the DBA Home Project by liking and following us on Facebook at facebook.com/DBAHomeProject. The DBA Home Project welcomes and thanks all of those who choose to make a charitable donation, which can be made payable to Dallas Area Habitat for Humanity and sent to DBA Home Project, ATTN: Yedenia Hinojos, Dallas Bar Association, 2101 Ross HN Avenue, Dallas, Texas 75201. David Fisk is a Director at Kane Russell Coleman & Logan PC and can be reached at dfisk@krcl.com. Ethan Minshull is an Associate at Wick Phillips and can be reached at ethan.minshull@wickphillips.com. Mr. Fisk & Mr. Minshull are Co-Chairs of the DBA Home Project Committee.

Mark Shank Selected for 2016 DBF Fellows Justinian Award BY DEBORAH MCMURRAY

Always. When interviewing Mark Shank’s clients, colleagues, and compatriots about why Mark is not just worthy, but the perfect recipient for the 2016 Fellows Justinian Award, kind words flew as you will read later in this article. But the one word that rose to the top in every conversation— the thread that connects Mark to these people and organizations in a unique way—is “always.” Mark is always there (wherever “there” is). Without exception. Client Kevin Bryant, the General Counsel of Crow Holdings, said, “He impresses me. He is always a very giving, concerned citizen. He never makes excuses for not doing more, he just does it. And he does not just do things that are high profile—he does just as much that people never see.” He added, “Mark is always incredibly responsive, has a spot-on business sense that combines with his gifted legal mind—he always has a great sense of what clients need.” Former DBA President Brian Melton, who is Chief Network Growth Officer and General Counsel of Cristo Rey Network, said, “Mark always brings out the very best in everyone he meets—whether he is working with a client, on a bar project or a political matter. People see the outgoing, funloving side—but they should never discount the remarkable depth of his character.” Brian continued by saying, “Mark is always on the move—as a child of God, a husband and father, a colleague, volunteer, lawyer and friend. He is always trying to be better.”

Mark is broadly known as an optimist, innovator and a visionary. It is why he is so often targeted by get-it-done leaders as an ally—and it is why he is hand-chosen to work alongside them to help breathe life into their dreams. He is the first to admit that he is a born collaborator, and others who have worked with him on client matters or volunteer projects say that he inspires them to collaborate in kind. Every leader needs followers (but Mark will comfortably switch roles to get the best end result). For example, in January 2001, while serving as Dallas Bar President, he announced that the Dallas Bar would triple the square footage of the venerable Belo Mansion. Yes, he led the fundraising efforts for the $14 million that was required, but he instantly credits at least a dozen others who were critical to this herculean volunteer effort. Mr. Melton noted, “This was a rare moment where the needs of the Dallas Bar Foundation matched perfectly with the person in charge.” Philip Wise, Founder and Managing Partner of Cienda, and who was also one of the founders of Habitat for Humanity in Texas nearly 30 years ago, said, “I had known Mark many years before asking him to serve on the Board of Habitat, where he eventually became Board Chair. He came on the board and quickly assessed what needed to be done to make it more effective—then he did it. He always kept his promises and commitments.” Bill Hall, CEO of Dallas Area Habitat for Humanity, says, “Habitat has benefited greatly from Mark’s desire to engage North Texas to create a better place

for all. His leadership has pushed Habitat to serve more families and assure that our work impacts the community at large.”

Mark Shank

Because of his ability to make things happen, Mr. Wise has brought Mark in to help launch the “New Cities Institute.” They are working with SMU and all its academic Deans to start a teaching institute, which will use the City of Dallas as an incubator or laboratory to learn how to better solve problems common to all cities. Mark is a skilled triage-er. He is drawn to complex problems and is described by clients and fellow volunteers as having the exceptional capacity to look at chaos and see the clearing in the hollow. How does he

do it? “I deconstruct the big problem and turn it into a series of smaller, simpler problems,” he explained. “Each smaller problem has its own solution. Sometimes they have to be solved concurrently, sometimes in succession. Regardless—I try never to lose sight of the big picture—because that is where my client lives. It is important to my clients—and to me—that their goals are always at the heart of what I do.” The Dallas legal community is filled with excellent lawyers who are also wonderful human beings. What sets Mark apart is that he only has “one speed,” as Mr. Wise noted. He seems to have greater reach because he is a “serial do-gooder,” and because Mark is also an enthusiastic connector of others. Regardless of the conversation and topic, he will seek ways to connect his discussionmate with another individual. In every case, these are “thoughtful and strategic, where one plus one equals three, four or five.” Mr. Wise continues, “He always knows how to bring people together—and knows that they will be more effective together than when they are apart.” Getting things done is in Mark’s DNA. In his small Missouri hometown, Mark’s dad was in the Lions Club, on the Chamber of Commerce and on numerous other charitable and civic volunteer boards. When he lost his dad much too early (he died when Mark was 30), his mother jumped up, ran for the City Council, then became Mayor of their town. Mark describes them as “model citizens” and “great role models of servant

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