- Areas of Practice
- Significant Victories
- Publications & Presentations
Jessica Foster joined the firm in August, 2017, after practicing as a briefing attorney focused on civil litigation.
Jessica was raised in the Oak Cliff neighborhood of Dallas, Texas, and in 2003 she received her B.A. in Journalism, along with minors in Spanish and Philosophy, from Texas A&M University in College Station. In 2016, she earned her J.D. from Texas A&M School of Law in Fort Worth, where she received a full Presidential Scholarship. Jessica served as an Articles Editor for the Texas A&M Law Review and as a teacher’s assistant for Legal Research and Writing courses.
In addition to her legal practice, Jessica has a firm background in water law and continues to research, publish on legal issues related to natural resources, agriculture, and energy. As Research Assistant, she co-authored a publication for Rocky Mountain Mineral Law Foundation explaining Texas and Oklahoma’s laws for acquiring water for oil and gas operations. Jessica also edited international groundwater publications for the United Nations, who has recently engaged her to conduct further research on the subject. Her current research on transboundary groundwater governance along the Mexico-Texas border will be published as the inaugural report in a new Texas A&M University series integrating science and the law, and in May 2017, she presented her findings at the World Water Congress in Cancun, Mexico. Jessica also volunteers water law-specific legal research and writing services for groundwater litigation in New Mexico.
Jessica is licensed to practice in Texas state courts.
Texas A&M University School of Law (April 2018)
World Water Congress, Cancun, Mexico (May 31, 2017)
Rocky Mountain Mineral Law Foundation (CAIL-IEL 2016)
The Second Judicial District Court of New Mexico applied the “conservation” element of the state’s ground water permit statute, NMSA 72-12-3, to uphold the Office of the State Engineer’s denial of a major developer’s (Aquifer Science) application to withdraw ground water in the East Mountains near Albuquerque. In reviewing the application de novo, Judge Shannon Bacon not only agreed with the local landowners who protested the permit that withdrawing the proposed amount of water would significantly impair existing water rights with no feasible mitigation plan, but also concluded that the developer’s application was “contrary to conservation of water within the state,” in violation of NMSA 72-12-3’s requirements. In denying the application, the court rejected Aquifer Science’s claim that that its plan achieved “conservation” by building golf courses as a place to reuse wastewater and determined that Aquifer Science’s other plans to conserve water through efficient appliances, fixtures, and landscaping were “speculative.” The court also concluded that the developer’s failure to consider the impact of climate change on the supply of surface water—and, thus, ground water—when calculating water demand “suggests a lack of long-term planning regarding conservation.”
Successfully defending trial court’s denial of an untimely motion to dismiss pursuant to the Texas Citizens’ Participation Act (the anti-SLAPP statute), finding the 60-day deadline to file the motion was not reset by an amended pleading that “d[id] not alter the essential nature” of the trade secret claim, “of which appellants had notice in the original petition.”
Successfully upholding judgment, under a clear and convincing evidence standard, terminating parental rights and imposing permanent injunction against a father convicted of child pornography, and placing the child with her grandparents.