Kevin is an Environmental and Energy attorney. He also practices in other areas
such as land use, condemnation and real estate. Kevin's energy and environmental
practice focuses on obtaining permits and approvals for private and municipal
clients for gas storage, mining, power generation, landfill, electrical and gas
transmission and wind energy projects. He regularly appears before the Public
Service Commission, the Department of Environmental Conservation (DEC) and other
state and federal agencies.
As energy counsel, 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 (the last one to be
approved in New York State under the previous Article X) project for a merchant
developer, numerous wind energy facilities and underground and aboveground
natural gas and liquid petroleum gas storage and transportation facilities for a
major midstream company.
In addition to energy matters, Kevin has significant experience representing
companies in the mining and construction materials industry. He has permitted
sand and gravel mines (both above and below the water table), small and large
rock and mineral quarries, asphalt and concrete plants and major oil storage
facilities sometimes affiliated with such plants. In connection with these
facilities and others, Kevin has worked on numerous State Pollutant Discharge
Elimination System (SPDES) permitting matters, including instances where the DEC
has sought to modify such permits and impose often stringent limitations,
including with regard to cooling water intake structures.
Beyond his experience and expertise in the mining and energy sectors, 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 considerable expertise when it comes to
SEQRA, having been lead counsel for numerous projects which have gone through
the entire SEQRA process including an FEIS 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) who have sought
to zone out the activities sought to be permitted. He has done so in connection
with numerous mining projects, wind energy and landfill projects.
In connection with any of above energy or environmental projects, Kevin often
finds himself focusing on responding to concerns raised by the public regarding
air emissions, noise, endangered species, property values, visual impacts and
Kevin also has significant experience in corrective action matters, State
Superfund remediation issues, petroleum contamination issues, hazardous
substance and petroleum bulk storage tanks, toxic torts, defending criminal
investigations, zoning and land use matters and the environmental aspects of
business transactions, including environmental due diligence.
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 Department of Environmental Conservation, the Environmental
Protection Agency and the Department of Justice.