Litigation and Enforcement Defense

Real Estate and Corporate Transactions

Environmental Regulatory Counseling and Audits

Strategic Planning Committee, Member

Environmental Practice Group Leader

• Ohio, 1989

• Supreme Court of Ohio
• Southern District of Ohio
• Sixth Circuit Court of Appeals

• University of Cincinnati College of Law, J.D., 1989
  
• Order of the Coif
• University of Cincinnati, B.S. Ch.E., 1986

Kevin is a member of Frost Brown Todd LLC and is chair of the environmental practice group. He is experienced in a broad range of environmental programs.  His practice focuses on environmental litigation, defense of environmental enforcement actions, and counseling on environmental issues arising in business, transactions and regulatory matters. 

Kevin has defended a number of state and federal civil and criminal enforcement actions and private party litigation involving the Clean Air Act (CAA), the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA), the Underground Storage Tank Act (UST) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Kevin has substantial experience involving the investigation and cleanup of contaminated sites under state brownfield programs and pursuant to negotiated administrative and judicial consent orders.  He routinely counsels buyers, sellers, and lenders on environmental considerations in real estate transactions and business acquisitions and divestitures, and has significant experience in structuring and financing “Brownfields” transactions.  Kevin conducts environmental compliance audits and assists businesses in the development and implementation of environmental management systems and procedures.

Kevin counsels oil and gas companies on environmental and regulatory issues associated with shale gas mining and fracking operations, as well as processing and transportation of the gas and other products by mid-stream service providers. 

Experience

Litigation and Enforcement Defense

Defense of numerous state and federal air pollution enforcement actions, including Title V and state air permit, stack testing, emissions and reporting violations.

Defense of state and federal enforcement actions against power plants for alleged Title V permit and air emission violations, and violations related to operation of continuous emission monitoring systems (CEMS) and Leak Detection and Repair (LDAR) requirements.

Defense of nationwide EPCRA, SPCC and UST enforcement action by EPA against a telecommunications company.

Defense of state and federal civil and criminal enforcement actions involving oil and chemical spills, air emissions, wastewater discharges, data reporting, and waste management practices.

Defense of EPA investigation and enforcement action against regional hospital system relating to management of waste pharmaceuticals and other hazardous waste.

Defense of Army Corps action alleging violations of wetland and stream permitting requirements related to hospital construction project and negotiation of acceptable conditions in CWA Section 401 and 404 permits.

Defense and prosecution of private cost recovery actions involving former gasoline service stations, petroleum bulk storage facilities, and dry cleaners, including successful actions under Ohio's Voluntary Action Program (VAP).

Defense of state-wide enforcement action involving management of hazardous waste at multiple optical manufacturing establishments.

Represented clients in challenges to solid waste flow control and disposal fee ordinances in Ohio.

Appeal of air and wastewater discharge permits and other final agency actions to the Ohio Environmental Review Appeals Commission.

Defense of enforcement actions by sewer districts alleging violations of pretreatment requirements by industrial users and claims for damage to and interference with operation of the POTW.

Defense of PRPs and pursuit of contribution actions in multi-party Superfund sites across the country.

Defense and prosecution of claims against environmental consultants alleging professional negligence and similar claims.

Real Estate and Corporate Transactions

Negotiation of purchase/sale agreements and managed environmental due diligence in acquisition of numerous industrial facilities, including chemical manufacturing, food and beverage production, metal plating, hospital and other healthcare systems, bulk terminals, casket manufacturing, flavor and fragrance manufacturing, and building products.

Assist clients in acquisition and redevelopment of contaminated properties in various states, including Ohio, Indiana, Kentucky, Michigan, Tennessee and Pennsylvania.

Successful environmental remediation and development projects under Ohio's Voluntary Action Program (VAP) and other state brownfield programs, including financing under state and federal grant programs.

Substantial involvement in the investigation and remediation of former manufactured gas plant (MGP) sites.

Environmental Regulatory and Counseling and Audits

Conducted multi-media environmental audits of various industrial facilities, including hospitals, a steel mill, chemical manufacturing, metal finishing and plating, building products, marine terminal, food and beverage production, and wood and metal casket manufacturing facilities.

Assisted clients in structuring and performing audits and making voluntary disclosures under EPA’s Audit Policy and similar state immunity laws and policies for potential violations of EPCRA, CAA, CWA and RCRA, and other programs to minimize potential enforcement and assessment of civil penalties.

• The Best Lawyers in America® "Lawyer of the Year," Litigation - Environmental, 2013
• Selected for inclusion in Ohio Super Lawyers® 2004- 2012
• The Best Lawyers in America® 2005-2013
• 2011 Cincinnati Environmental Lawyer of the Year
• Chambers USA® America's Leading Business Lawyers 2008-2012
• AV® Rated, Martindale-Hubbell®  

• Cincinnati Bar Association, Environmental Law Committee, Past Chair
• Ohio State Bar Association, Environmental Law Committee
• American Bar Association, Section of Environment, Energy and Resources
• Air & Waste Management Association
• American Institute of Chemical Engineers

Past

• LifePoint Solutions, Board President
• Family Service Foundation, Trustee
• District 1 Integrating Committee Workgroup on Clean Ohio Revitalization Fund Applications, Member
• Cincinnati Parks Foundation, Trustee

"Update on Environmental Issues Facing Hospitals," Greater Healthcare Safety Committee Presentation

"Staying on Top of Environmental Considerations in Land Use" National Business Institute

"EPA's All Appropriate Inquiries Rule,"  Cincinnati Bar Association

“Working Your Way Through Environmental Issues,” Ohio ICSC Conference

“Evaluating Your Investment: Environmental Due Diligence,” Ohio Chamber of Commerce

“The EPA’s At My Door?” Cincinnati Bar Association

"Brownfield Development Incentives," Area Development Magazine, co-authors, Chris Habel and Greg Ripley

"Ask the Legal Professional - Environmental Investigations in Real Property Acquisitions," Cincinnati Business Courier