With experience on a wide range of cross-cutting environmental, energy and administrative law issues, Kerry’s clients rely on her thorough legal analysis to build comprehensive regulatory and compliance strategies tailored to their business objectives.
Kerry possesses a valuable blend of experience as a natural resources and environmental lawyer, assisting client on matters related to the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and other environmental statutes. Kerry regularly offers proactive advice and counsel to clients and their business, which are guided by evolving regulatory and compliance requirements. She has significant experience with federal litigation, including litigation related to administrative rulemakings and defense of major federal environmental permits. Kerry represents groups from a wide variety of industry sectors, including utilities, mining, oil and gas, renewables, agriculture, consumer products, housing and development, and related trade associations and industry coalitions.
As counsel on the many significant water cases and regulatory proceedings of recent years, Kerry has been able to offer clients smart judgment and practical advice to guide their short-term decision making and long-term planning. She represents major industry groups on key issues such as the scope of federally regulated “waters of the United States” and requirements for utilities and manufacturers under EPA’s section 316(b) rule for existing facilities.
Kerry maintains a broad environmental practice, advising clients on all aspects of environmental permitting and compliance for complex projects and operations, including, among others, electric transmission, distribution, and other structures across federal lands, power generation facilities and renewable generation projects, manufacturing facilities, housing and development projects, mine projects, and pipelines and related facilities. As Kerry has extensive experience with CWA section 404 dredge and fill permitting and related federal requirements, such as NEPA review and the ESA section 7 consultation process. She regularly assists applicants in obtaining and defending federal permits for complicated energy and development projects. Kerry also advises clients on the changing Environmental Justice requirements and best practices.
A burgeoning thought leader, Kerry often serves as a speaker and panelist at legal and industry conferences and seminars around the country. She has also helped develop training programs for companies on key regulatory issues. Kerry is the author of numerous articles and editorials on environmental, natural resources, environmental justice, and regulatory issues, and is a frequent contributor to the firm's environmental law blog, The Nickel Report.
Lead counsel on federal Clean Water Act 404 permitting matter involving client’s new mines and mine extension projects in Florida, involving key NEPA, protected species, and wetlands issues, and defense of permit in federal court.
Analyzes complex legal issues for an energy company, advising the client on strategic approaches to manage the EIS and permitting process. Representation involves coordinating with various agencies with responsibilities under NEPA, the National Historic Preservation Act, the Endangered Species Act, and the Clean Water Act.
Obtained a critical federal Clean Water Act NPDES discharge permit for facility on tribal land and successfully defended permit before the U.S. EPA Environmental Appeals Board. The permit and related litigation involves essentially every major water issue EPA has addressed in the past few years, including “waters of the United States” jurisdictional determination, application of CWA section 316(b) requirements for cooling water intake structures, steam electric effluent limitigation guidelines, hydrologic connection/Coal Combustion Residual (CCR) issues, water quality standards for features on tribal lands, and permit issues related to sovereign immunity.
Represents developers, mining companies, agriculture interests, utilities and pipeline companies on jurisdictional determinations, use of nationwide permits and other general permits, expedited permitting procedures and mitigation requirements under Section 404 of the CWA.
Represents industry coalitions and trade associations in litigation regarding rules issued by the EPA and the Corps under CWA Section 404.
Counsels utilities on obtaining/renewing and complying with state and federal NPDES permits, particularly for facilities with cooling water intake structures subject to the EPA Section 316(b) Rule’s requirements.
Drafts comments on behalf of industry groups on regulatory reform initiatives of the Army Corps, EPA, Department of Interior, and National Marine Fisheries Service.
Counsels mining company in navigating Clean Water Act section 404 permitting process and related federal requirements, such as the National Environmental Policy Act review and the Endangered Species Act section 7 consultation process, and represents company in litigation regarding permit and environmental reviews.
Advises utilities on Federal and state stormwater permits and related rulemakings.
Advises clients on avian protection guidelines and related requirements and incidental take issues under the Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act.
Represents a major industry group in litigation regarding the EPA Section 316(b) Rule.
Represents utilities, mining companies and interstate natural gas pipelines in US Fish and Wildlife Service and National Marine Fisheries Service rulemakings under the ESA, including preparation of comments on listing determinations, critical habitat designations and other key policies and rules.
Counsels clients on the ESA Section 7 consultation process for projects requiring federal permits and the ESA Section 10 incidental take permit process for energy and development projects and operations.
Advises electric utilities and other energy companies on permitting electric transmission and other structures across federal lands administered by the National Park Service and the US Forest Service.
Advises interstate natural gas pipelines on environmental permitting and siting matters; regulatory compliance and litigation under the CWA, ESA, NEPA and other federal environmental laws; and the interplay between EPA, Federal Energy Regulatory Commission (FERC) and Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations.
Member, Section of Environment, Energy and Resources, American Bar Association
Member, Women’s Energy Network
Awards & Recognition
Recommended for Environment: Litigation (2021-2023) and Environment: Regulatory (2021-2023), Legal 500 United States
Recognized as 2021 Environmental Group of the Year, Law360, January 2022
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