Katy counsels clients on regulatory compliance and permitting issues involving all major environmental statutes, including the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response, Compensation and Liability Act, Emergency Planning and Community Right-to-Know Act, and Federal Insecticide, Fungicide and Rodenticide Act, and on product labeling and safety requirements under regulations issued by the Environmental Protection Agency (EPA), Food and Drug Administration and Consumer Products Safety Commission. A significant part of Katy's practice has been focused on Clean Air Act issues. She has assisted clients in obtaining and transferring state and federal construction and operating permits and has guided clients through the complex New Source Review permitting process. She provides day-to-day compliance advice on air issues. On behalf of regulated industries, Katy has commented on, and appealed, maximum achievable control technology standards issued by the EPA under the Clean Air Act. She also has been involved in challenges to federal and state air regulations, including the successful challenge to the EPA’s regional haze rule, and has advised clients on issues raised by the trading of emissions, including nitrogen oxide and greenhouse gas emissions. Katy also has experience directing and coordinating experts conducting emissions modeling and monitoring. Much of Katy’s regulatory work has been for clients in the petroleum industry. For example, Katy has negotiated a consent decree with the EPA and the state environmental agency to resolve alleged Clean Air Act violations at an ethanol plant in Kansas, worked on New Source Review permitting of a coal-fired power plant in New Mexico, and responded to EPA information requests relating to releases from pipelines and compressor stations.
In addition to regulatory and compliance issues, her practice involves assisting clients with environmental issues associated with corporate and real estate transactions, including conducting due diligence, responding to due diligence inquiries, resolution of environmental liabilities prior to closing, and preparation of environmental representation, warranty and indemnity language.
Katy also applies her environmental regulatory experience and knowledge to complex toxic tort and environmental litigation. She has defended clients in civil litigation in state and federal courts, involving common law claims such as nuisance, strict liability, negligence and trespass. Additionally, she has represented companies against citizen group, EPA and state agency lawsuits brought under environmental statutes and in federal and state environmental administrative enforcement actions.
Publications and Presentations
Presentation to Air and Waste Management Association Midwest Chapter on "MACT Hammer" provision of Clean Air Act (April 2002).
Co-author of chapter of Missouri Bar Environmental Law Deskbook.
Co-author of environmental law chapter in Missouri Bar Farm Law Deskbook.