Jennifer J. Cave

Jennifer J. Cave


Stites & Harbison, PLLC

Recognized since 2017

Louisville, Kentucky

Practice Areas

Environmental Law

Lawyer of the Year Badge - 2020 - Environmental Law
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Jennifer Cave is a member of the firm's Environmental, Natural Resources & Energy Service Group. She works closely with businesses to ensure compliance with state and federal environmental laws and regulations. Her experience includes assisting and advising clients on the Clean Air Act and state air pollution laws as well as applying for, negotiating the terms of, and complying with air permits, including Title V and Prevention of Significant Deterioration (PSD) permits, NPDES wastewater permits, and solid waste landfill permits. She has significant experience defending clients in administrative and civil enforcement actions and citizen suit litigation. Jennifer also counsels domestic and international manufacturers on the importation and sale of mobile sources, including non-road engines, vehicles and equipment under the Clean Air Act.

Jennifer guides clients through transactions involving the purchase and sale of contaminated properties and she has experience evaluating environmental due diligence investigations including Phase I Environmental Site Assessments and Phase II Subsurface investigations. She frequently works with clients and their consultants to perform facility or programmatic environmental audits and helps prepare for facility inspections and to develop regulatory response. Jennifer also provides compliance advice on new regulatory proposals and drafts public comments on these rules.

Jennifer also has extensive experience evaluating and litigating coverage for complex and long-tail environmental contamination claims under general liability and pollution liability policies written by both domestic and foreign insurers.

Location

  • 400 West Market Street, Suite 1800
    Louisville, KY 40202-3352

Education

  • Seattle University, J.D., magna cum laude, graduated 2004
  • University of Kentucky, B.S., Biology, cum laude, graduated 1997

Bar Admissions

  • Kentucky Bar Association
  • Washington State Bar Association

Affiliations

  • Kentucky Bar Association - Environmental, Energy, and Resources Law Section, Past Chair
  • Louisville Bar Association - Member

Court Admissions

  • U.S> Court of Appeals for the 6th Circuit
  • U.S. District Court for the Eastern District of Kentucky
  • U.S. District Court for the Western District of Kentucky
  • U.S. District Court for the Western District of Washington
  • U.S. District Court for the Eastern District of Washington

Regulatory Agencies

  • Environmental Protection Agency (EPA) - Office of General Counsel

Lawyer of the Year Badge - 2020 - Environmental Law

Named "Lawyer of the Year" by Best Lawyers® for:

  • Environmental Law, Louisville (2020)

Recognized in The Best Lawyers® in America 2023 for work in:

  • Environmental Law

Special Focus

  • COVID-19

Awards:

  • Martindale-Hubbell AV-Preeminent Peer Review Rated
  • Leadership Lexington Distinguished Leader Award (2013)
  • Kentucky Super Lawyers, Rising Star (2013-16)
  • Kentucky Bar Association Continuing Legal Education Awards (2012-16)

Toxic Mold case

Counseled museum with respect to assessment for possible toxic mold growth inside museum building.

Radioactive Materials in Sewer System

Defended an insurance company in coverage action resulting from the release of radioactive materials into a city sewer system by a manufacturer of aircraft engine parts.

Sale of Manufacturing Facility

Advised client with respect to assessment, remediation, and potential sale of a former electric transformer manufacturing facility.

Coverage Settlement

Negotiated a coverage settlement on behalf of an excess insurance carrier in a matter involving claims made in connection with contaminated sediments at the Portland Harbor Superfund site.

Clean Air Act audit

Conducted a Clean Air Act audit and negotiated penalty amnesty with state air agency for a large, coal-fired power plant

Hardship Relief

Obtained hardship relief from U.S. EPA for a manufacturer of non-road equipment following supply chain shortages of compliant engines resulting from the 2011 tsunami in Japan.

Air Permitting Requirements

  • Evaluated state and local air permitting requirements for a nationwide product recall by a Japanese automotive manufacturer.
  • Advised telecommunications company regarding state air permitting requirements for emergency generators at cell tower sites.

PSD/Title V Permit Application

Prepared a combined PSD/Title V Permit Application for a proposed coal-fired power plant.

CERCLA Liability

Defended a major oil company against CERCLA liability in federal court relating to an accidental release of product from a rail car. • Advised telecommunications company regarding state air permitting requirements for emergency generators at cell tower sites.

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