Kerry has extensive experience with permitting and litigation under the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA) and other environmental statutes. She represents groups from a wide variety of industry sectors, including utilities, mining, oil and gas, renewables, agriculture, consumer products, housing and development, and related trade associations and industry coalitions. Kerry has significant experience with federal litigation, drafting comments on administrative rulemakings and counseling clients on compliance with regulatory requirements.
As counsel on the many significant water cases and regulatory proceedings of recent years, Kerry has been able to offer clients smart judgement and practical advice to guide their short-term decision making and long-term planning. She represents major industry groups on key issues such as the scope of federally regulated “waters of the United States” and requirements for utilities and manufacturers under EPA’s section 316(b) rule for existing facilities.
Kerry has extensive experience with CWA section 404 dredge and fill permitting and related federal requirements, such as NEPA review and the ESA section 7 consultation process. She regularly assists applicants in obtaining and defending federal permits for complicated energy and development projects.
A burgeoning thought leader, Kerry often serves as a speaker and panelist at legal and industry conferences and seminars around the country. She is the author of numerous articles and editorials on environmental, natural resources and regulatory issues, and is a frequent contributor to the firm environmental law blog, The Nickel Report.