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 counsels clients 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 closely monitors the rapidly evolving federal and state regulatory landscape for emerging chemicals, including PFAS, 1, 4-dioxane, and PBDEs. She also helps companies obtain, transfer and appeal permits, challenge regulations and governmental enforcement actions, and conduct compliance audits and investigation. Her experience includes:
- overseeing and directing multi-facility environmental audits and counseling clients on regulatory reporting obligations and compliance strategies;
- 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;
- negotiating consent decrees with EPA and state environmental agencies to resolve Clean Air Act, Clean Water Act, EPCRA and FIFRA enforcement and penalty actions;
- helping clients navigate state voluntary cleanup programs and implement investigations and response actions pursuant to CERCLA consent decrees;
- assisting with the successful challenge to EPA’s regional haze rule; and
- appealing maximum achievable control technology standards issued by the EPA under the Clean Air Act on behalf of regulated industries.
Environmental and Toxic Tort Litigation
For more than 20 years, Katy has applied 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:
- litigating property damage and personal injury mass torts and class actions related to hexavalent chromium, PFAS, PCBs, dioxins, petroleum products, chlorinated solvents, coal ash, 1,4-dioxane, hydrogen sulfide, and many other chemicals in air, soil, sediment and water;
- defending against common law claims including public and private nuisance, strict liability, negligence and trespass;
- defeating and limiting medical monitoring claims in multiple jurisdictions; and
- representing companies against public interest group, EPA and state-agency lawsuits brought under environmental statutes seeking penalties, monetary damages, injunctive relief and attorneys’ fees.
Environmental Due Diligence and Transactions
In addition to regulatory and compliance counseling and litigation, Katy assists clients with environmental issues associated with corporate mergers and acquisitions and real estate transactions, including:
- conducting environmental due diligence on behalf of buyers and responding to due diligence inquiries on behalf of sellers;
- evaluating, managing, allocating and resolving environmental liabilities associated with transactions;
- transferring environmental permits; and
- drafting and negotiating contract language, including environmental representations and warranties and indemnities.
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.