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 wetlands.
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.