Clients have reported in Chambers USA that Kevin “is a strategic thinker that always keeps the big picture in mind” and that “he is very knowledgeable” and “easy to work with.” Across industry sectors, clients seek Kevin’s practical, business-minded advice on all aspects of environmental permitting, enforcement, project development, and business transactions. He has been lead environmental counsel on some of the most controversial projects over the last two decades. His innovative approach, engineering and business background, and extensive experience help clients develop cutting-edge strategies to mitigate and manage risk and adapt to change.

Kevin has over 30 years of experience representing manufacturing, energy and infrastructure project development clients in all major areas of environmental regulation from air and water permitting, wetlands, environmenal assessment and hazardous waste management, to voluntary remediation, economic development and business transactions. He combines his substantive experience with practical creativity to solve serious problems in the context of project development and regulatory enforcement. By anticipating issues on appeal, he works to develop permits and resolutions that will withstand challenge.

Clients call upon Kevin for environmental permitting, compliance counseling, incident response and environmental enforcement cases. He is widely regarded for his experience in negotiating settlements with EPA and DOJ under all of the major environmental statutes in the context of single cases, as well as EPA enforcement initiatives involving multiple defendants. He works diligently to develop a negotiated package that is feasible and consistent with the client’s business objectives.

Relevant Experience

  • Environmental permitting counsel for Dominion Cove Point LNG export terminal in Maryland; lender’s counsel on environmental permitting issues related to financing of Freeport LNG terminal in Texas.
  • Counsel to utility in permitting of controversial transmission line in historically sensitive area. Counsel on several natural gas pipeline and other linear transportation and transmission projects.
  • Environmental permitting counsel to project developers of 16 power plants (10 coal based, 7 natural gas).
  • Counsel to railroad and other transportation and water companies regarding spill-related emergency response.
  • Counsel in New Source Review enforcement actions against three facilities.
  • Counsel to pulp and paper, electric generation and specialty chemical facilities in air permitting matters. 
  • Developed environmental management systems for two steel companies, integrated food company and public utility company. 
  • Represented a paper company in the divestiture of substantially all of its US operating assets. 
  • Drafter and chief lobbyist for Virginia Voluntary Remediation and Voluntary Environmental Assessment Privilege statutes. 
  • Negotiated settlement with EPA, area landowners and local government for remediation of National Priorities List Superfund Site and conversion to community recreation complex.
  • Counsel to developer regarding conversion of former Army Depot to commercial and residential use. 
  • Negotiated settlement of federal RCRA and state enforcement cases for permitting, closure, post closure care and corrective action at hazardous waste management facilities. 
  • Counsel to owner/developer who converted antebellum plantation manor house, listed on National Register of Historic Places, into corporate university campus.

Memberships

  • Member, Virginia Bar Association
  • Member, American College of Environmental Lawyers
  • Executive Board - Virginiaforever

Awards & Recognition

  • 2017 Chambers USA Environment Law Firm of the Year
  • Recognized as a Leader in Environmental Law, Virginia, Band 1, Chambers USA, 2004-2017
  • Listed for Environment: Regulatory, Legal 500 United States, 2011
  • Recognized as a leader for Environmental Law, Who’s Who Legal, 2010, 2012-2015, 2017
  • Selected among Lawyers of the Year for Environmental Litigation, Best Lawyers in America, 2015. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Listed in The Best Lawyers in America, 2006-present
  • Selected as a Best Lawyer for Environmental Law, Virginia, Best Lawyers in America, 2006-present. A description of the selection methodology can be found on Best Lawyers’ webpage.
  • Selected as a Super Lawyer for Environmental Law, Virginia Super Lawyers magazine, 2005-present. A description of the selection methodology can be found on Super Lawyers’ webpage.
  • Named among the Legal Elite for Environmental Law, Virginia Business Magazine, 2000-2004, 2017. A description of the selection methodology can be found on Virginia Business Magazine’s webpage.

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