Katy’s practice covers all aspects of environmental law, from regulatory counseling to complex toxic tort and environmental litigation to environmental aspects of corporate transactions. She works with clients in a broad range of industries, including energy, mining, engineering, construction, manufacturing and agribusiness.
Katy provides day-to-day advice on regulatory compliance issues involving all major environmental statutes, including the Clean Air Act, Clean Water Act, RCRA, CERCLA, EPCRA and FIFRA, as well as on FDA product labeling and safety requirements. She also helps companies obtain, transfer and appeal permits, challenge regulations, and negotiate and conduct investigation and response actions. Her experience includes:
- helping clients obtain and transfer state and federal Clean Air Act construction and operating permits, including guiding clients through the complex Clean Air Act New Source Review permitting process;
- negotiating Clean Water Act NPDES permit terms with state agencies;
- directing and coordinating consultants conducting emissions modeling and monitoring;
- assisting with the successful challenge to EPA’s regional haze rule;
- appealing maximum achievable control technology standards issued by the EPA under the Clean Air Act on behalf of regulated industries;
- negotiating consent decrees with EPA and state environmental agencies to resolve alleged Clean Air Act, Clean Water Act, EPCRA and FIFRA violations;
- helping clients navigate state voluntary cleanup programs and implement investigations and response actions pursuant to CERCLA consent decrees; and
- overseeing environmental audits and counseled clients on regulatory reporting obligations.
Environmental and Toxic Tort Litigation
Katy applies her environmental regulatory experience and knowledge to complex toxic tort and environmental litigation. She helps to defend toxic tort lawsuits in state and federal courts around the country and represents companies against federal and state lawsuits brought under environmental statutes. Her experience includes:
- defending against common law claims such as nuisance, strict liability, negligence and trespass;
- litigating property damage and personal injury mass torts and class actions related to coal ash, hexavalent chromium, petroleum products, ammonia and hydrogen sulfide in air, soil and water;
- representing companies against citizen-group, EPA and state-agency lawsuits brought under environmental statutes and in federal and state environmental administrative enforcement actions; and
- drafting successful dispositive motions and managing discovery teams performing paper and electronic discovery.
Environmental Due Diligence and Transactions
In addition to regulatory and compliance counseling and litigation, Katy assists clients with environmental issues associated with corporate and real estate transactions, including:
- conducting due diligence;
- responding to due diligence inquiries;
- resolving environmental liabilities prior to closing;
- transferring permits; and
- preparing environmental representation, warranty and indemnity language.
Co-author, DC Circ. Ruling Could Change Pipeline Procedure, Law360, Sept. 7, 2017.
Co-author of chapter of Missouri Bar Environmental Law Deskbook.
Co-author of environmental law chapter in Missouri Bar Farm Law Deskbook.