Working through the environmental aspects of business transactions, Kevin is a leader, guiding his clients through the regulatory maze that dominates environmental and energy law.
Kevin regularly appears before the Department of Environmental Conservation (DEC), the Public Service Commission and other state and federal agencies when he is obtaining permits and approvals for:
Working through the environmental aspects of business transactions, Kevin is a leader, guiding his clients through the regulatory maze that dominates environmental and energy law.
Kevin regularly appears before the Department of Environmental Conservation (DEC), the Public Service Commission and other state and federal agencies when he is obtaining permits and approvals for:
- mining
- power generation
- electrical and gas transmission
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- gas storage
- landfill
- wind energy projects
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In the mining and construction materials industry, he has permitted:
- sand and gravel mines (both above and below the water table)
- asphalt and concrete plants
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- small and large rock and mineral quarries
- major oil storage facilities
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Kevin has worked on numerous State Pollutant Discharge Elimination System (SPDES) permitting matters, including instances where the DEC has sought to modify permits and impose often stringent limitations, including with regard to cooling water intake structures. He also counsels mining and construction clients on air permitting matters, including Climate Leadership and Community Protection Act (CLCPA) requirements.
Kevin also has considerable experience in matters relating to the permitting of solid waste landfills, wastewater treatment facilities and other large facilities (e.g., distribution and warehouse facilities). In connection with these projects, issues related to compliance with the State Environmental Quality Review Act (SEQRA) are always present and he has gone through the entire SEQRA process, including for larger projects the issuance of a Final Environmental Impact Statement and Findings Statement.
In addition to obtaining permits (including participating in numerous hearings to obtain those permits), Kevin has been involved in numerous litigations, either defending against opposition or citizens groups or protecting the rights of his clients against those entities (such as municipalities).
Kevin also has significant experience in corrective action matters, such as:
- state Superfund remediation issues
- hazardous substance and petroleum bulk storage tanks
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- petroleum contamination issues
- toxic torts
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Kevin also represents clients in defense of claims asserted by federal and state governmental agencies for cleanup costs, penalties and other enforcement matters brought under federal and state Superfund statutes, New York State Navigation Law and the Clean Water Act. In connection with this representation, he has negotiated a number of Administrative Orders on Consent and Consent Decrees with the New York State DEC, the Environmental Protection Agency and the Department of Justice.
Energy
Kevin has been lead project counsel on numerous Public Service Law Article VII gas and electric transmission projects (including for regulated public utilities), an Article X power plant project (the last one to be approved in New York State under the previous Article X) for a merchant developer, numerous wind energy facilities and underground and above ground natural gas and liquid petroleum gas storage and transportation facilities for a major midstream company.
Kevin previously served the firm as chairman of the management committee, and led the firm in a progressive fashion during a transitional time in the legal industry.
