Environmental, Energy & Sustainability
The attorneys of Stites & Harbison’s Environmental, Energy & Sustainability team provide comprehensive and sophisticated global regulatory compliance counseling, permitting, and litigation services from our 11 offices across six states. Our attorneys incorporate their prior agency experience, backgrounds in scientific and engineering fields, and industry knowledge when managing complex legal matters touching air, energy, water, waste, and sustainability. Our attorneys are trusted advisors and advocates who maintain strong relationships with local, state, and federal regulators and industry associations to help our clients achieve their goals. We understand and solve complex problems for the manufacturing, beverage alcohol, health care, agriculture, construction, energy, waste and recycling, real estate development, and financial industries. And, because we are a full-service law firm, our Environmental, Energy & Sustainability team can work hand-in-hand with our full suite of lawyers to ensure the entirety of your business needs are met.
Energy
Stites & Harbison has an active Energy practice and provides a broad spectrum of legal services related to the industry. From advising on the regulation of utility rates and services to prosecuting patents on electrical generating technology or negotiating and litigating power purchase or fuel supply agreements, the breadth of experience at the firm supports many facets of this vital industry.
Utilities. The utility business is complicated and requires specialized understanding and experience. The utility industry likewise is one of the most highly-regulated industries, and each state’s laws and regulatory framework are different. Whether you need legal representation in litigation, regulatory, or transactional matters, having an attorney that understands the utility business is crucial.
Our team has the specialized knowledge to guide clients through a wide array of utility-related legal matters. For example, our attorneys are part of a small bar who regularly advise on utility regulation and appear before the Kentucky Public Service Commission. Our experience includes general regulatory guidance and the representation of investor-owned utilities and others in rate adjustments, transfers of control, approvals to construct generation and transmission facilities, periodic reviews of resource plans and adjustment clauses, drafting and approval of special rate contracts, and administrative appeals.
Our attorneys work closely with clients to ensure that they are complying with the law and that all their legal needs are met effectively and efficiently.
Renewable Energy Development. Harnessing nature’s power has long been used for heating, transportation, lighting, and more; however, the expansion of renewable energy is massive today. The demand for clean power has created increased opportunities for renewable energy generation and distribution. Stites & Harbison attorneys have developed and maintain the necessary experience to guide and assist those involved in the renewable energy fields. Our representation includes energy suppliers, developers, investors, lenders, power purchasers, land owners, and manufacturers.
Our attorneys routinely work with clients in the solar, wind, geothermal, hydropower, and biomass arenas managing everything from real estate, finance, tax, construction, regulatory, and environmental issues for renewable energy projects across the United States. Our project development experience includes site control, land use and permitting, power sales and purchases, tax equity financing, transmission, and construction.
Also, when necessary, we can call on our respected litigators to help resolve energy disputes related to construction agreements, operating agreements, natural resource leases, permitting issues, citizen suits, and more. Our litigation prowess can serve as a significant benefit to clients.
We strive to build practical solutions in all renewable energy representations. Our attorneys work closely with our clients' management and technical staffs to develop strategies that are both legally sound and consistent with our clients' goals and strategic business plans.
Sustainability
Stites & Harbison attorneys assist their corporate clients at every point on their sustainability journey. Our attorneys:
- Advise companies on meeting their renewable energy and carbon reduction goals;
- Provide counsel to clients to help ensure their supply chains are ethically sourced; and
- Routinely assist companies in making sure their sustainability reporting meets applicable standards.
Corporate Energy Sourcing. Our corporate energy sourcing attorneys have negotiated thousands of megawatts (MW) of corporate renewable energy power purchase agreements, on both the buy and sell side of the transactions. These transactions help our clients meet their sustainability goals and achieve a competitive advantage in today’s marketplace. Whether a corporate client seeks primarily to lower its energy costs, meet emissions reduction goals through the purchase of renewable energy, or minimize its exposure to volatile energy prices, we can help.
We have assisted clients with multiple types of power purchase agreements. Corporate purchasers with single large loads, such as data centers, that are able to satisfy the applicable regulatory requirements, may purchase the physical output of utility-scale renewable energy projects. Other corporate purchasers, with loads spread over multiple locations, may not be able to use the physical energy output of a single renewable energy project, and may therefore prefer to purchase the renewable energy attributes of a project under an alternate financially settled arrangement known as a virtual or synthetic power purchase agreement. Whatever form these power purchase transactions take, they are complex and require careful consideration of a wide range of issues, including potential regulation under the swaps provisions of Title VII of the Dodd-Frank Act and Federal Trade Commission (FTC) limitations on green claims related to the purchases.
Our team offers a deep understanding of commercial and regulatory issues associated with corporate renewable energy sourcing and work with our clients to ensure that their sustainability goals are met effectively and efficiently.
Ethical Supply Chain Management. For our clients with sustainability goals and complex, multilayered supply chains, monitoring suppliers for unethical behavior like environmental noncompliance, human trafficking, and forced labor can become a challenging task. Failing to foresee and counteract these risks can result in a damaged public perception and even criminal penalties. We help our client manage these risks though due diligence, compliance advice, and inclusion of specific contract provisions.
Corporate Social Responsibility Reporting. Companies with sustainability goals often make public the reporting of their compliance and the tracking of their sustainability goals in accordance with programs and guidelines set out by state or federal legislation, other governmental entities, and non-governmental organizations. We routinely assist clients in complying with standards set forth by the Global Reporting Initiative, the U.S. Federal Trade Commission’s “Green Guides,” the United Nations Global Compact Index, the United Nations Sustainable Development Goals, and others.
22nd Annual Kentucky Environmental Conference
Embassy Suites by Hilton, Lexington/UK Coldstream, 1801 Newtown Pike, Lexington, Kentucky 40511
Jennifer Cave and Ken Gish will be speakers at this year's Kentucky Chamber of Commerce 22nd Annual Kentucky Environmental Conference to be held March 26-27 in Lexington, Ky.
Jennifer Cave Appointed Chair of Stites & Harbison's Environmental, Energy & Sustainability Service Group
LOUISVILLE, Ky. —Stites & Harbison, PLLC is pleased to announce that attorney Jennifer J. Cave has been appointed Chair of the firm’s Environmental, Energy & Sustainability Service Group.
Kentucky Super Lawyers® Honors 49 Stites & Harbison Attorneys for 2024
LOUISVILLE, Ky.—The 2024 edition of Kentucky Super Lawyers® recently honored 49 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 35 attorneys to the Super Lawyers® list and 14 attorneys to the Rising Stars® list.
Kentucky Begins Implementation and Possible Expansion of Medical Cannabis Program
Governor Andy Beshear began his second term by announcing significant progress towards the full implementation of the Kentucky Medical Cannabis Program (KMCP), Senate Bill 47. The KMCP legalized marijuana for medicinal use in the Commonwealth for qualifying patients with a qualifying medical condition. By law, the program goes into effect on January 1, 2025. Jennifer Cave takes a look at what this means in this Stites & Harbison Client Alert.
Stites & Harbison Promotes Three Attorneys
LEXINGTON, Ky.—Stites & Harbison, PLLC announced today that three attorneys have been promoted to Member (Partner). The promotions are effective January 1, 2024. The new Members (Partners) are Katie M. Glass, Mary Lucille (Mary Lu) Noah, and Drake W. Staples.
Kentucky Now Allows Persons Age 70 and Over To Opt Out of Jury Service
In March 2023, Kentucky enacted KRS 29A.080, a new law that allows persons 70 and older to voluntarily opt out of jury service. Attorneys Ashley Ward and Kyle Schroader take a look at that new law in this Stites & Harbison Client Alert.
Stites & Harbison Welcomes Back Ken Gish to the Lexington Office
LEXINGTON, Ky.—Stites & Harbison, PLLC welcomes back attorney Ken Gish to the firm’s Lexington, Ky., office. He rejoins the firm as a Member (Partner) in the Environmental, Natural Resources and Energy Service Group and the Business & Finance Service Group.
Stites & Harbison Earns 88 Rankings in 2024 Best Law Firms®
LOUISVILLE, Ky.—Stites & Harbison, PLLC has been ranked in the 2024 edition of Best Law Firms®. The firm’s National Tier 1 rankings include: Litigation – Construction, Litigation – Real Estate, and Trademark Law.
Governor Beshear Appoints Jenny Cave to Kentucky Horse Park Commission
LOUISVILLE, Ky.—Governor Andy Beshear has appointed Stites & Harbison, PLLC attorney Jennifer Cave to the Kentucky Horse Park Commission. She will serve a four-year term.
EPA Finalizes Long-Awaited PFAS Reporting Rule
Environmental attorney Jennifer Cave takes a look at the EPA's final rule for the reporting and record-keeping of per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA).
Stites & Harbison Signature Event
Time: 5:30 p.m. - 8:30 p.m.
Rupp Arena at Central Bank Center, 430 West Vine Street, Lexington, KY 40507
Join Stites & Harbison for this Signature Event in Lexington for a special evening at Rupp Arena.
Bluegrass Area Chapter of American Red Cross Elects Brady W. Dunnigan to Board
LEXINGTON, Ky.—The Bluegrass Area Chapter of the American Red Cross has elected Stites & Harbison, PLLC attorney Brady W. Dunnigan to its Board of Directors. He will serve an initial two-year term.
Corporate Counsel Recognizes Marjorie A. Farris with 2023 Women, Influence & Power in Law Award – Managing Partner of the Year
LOUISVILLE, Ky.—Corporate Counsel has honored Stites & Harbison, PLLC Chair Marjorie A. Farris as a “Managing Partner of the Year” in its 2023 Women, Influence & Power in Law (WIPL) Awards. She is one of six women honored in this category across the country.
Stites & Harbison, PLLC Lawyers Named to 2024 Best Lawyers® Publications
LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 101 of its lawyers are included in the 2024 edition of The Best Lawyers in America®.
“To Text or Not to Text…” Challenges to Defending Employment Matters Involving Text Messages
Time: 12:00 p.m. - 1:40 p.m.
WEBINAR
Employment attorney Shannon Hamilton challenges an employer may face when defending an employment matter that involves text messaging as evidence along with other matters in this myLawCLE webinar.
Reevaluating Your Company’s Compliance Program
The United States Department of Justice’s Criminal Division (“Division”) announced a new program—called the Compensation Incentives and Clawbacks Pilot Program (“program”)—that will shift the burden of corporate financial penalties away from shareholders and onto culpable corporate employees.
Supreme Court: Employers Must Accommodate Employees’ Religious Practices Absent “Substantial” Increased Costs in Relation to the Conduct of the Business
Employment attorneys Robin McGuffin and Kyle Schroader take a look at the Supreme Court's decision on Title VII stating that employers must accommodate employee's religious practices.
26th Annual Kentucky Environmental Permitting and Reporting Conference
Embassy Suites by Hilton Lexington/UK Coldstream, 1801 Newtown Pike, Lexington, Ky. 40511
Environmental attorney Jennifer Cave will be a speaker at this Kentucky Chamber of Commerce event.
Health Care Providers and Business Associates Beware: Use of Online Tracking Technology May Violate HIPAA
Entities regulated by the Health Insurance Portability and Accountability Act (HIPAA) may be surprised to learn that use of certain online tracking technology may result in inadvertently sharing information protected under HIPAA with unauthorized third parties. On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued guidance with far-reaching implications for HIPAA regulated entities highlighting their HIPAA compliance obligations when using third-party online tracking technologies designed to collect and analyze information pertaining to a user’s interaction with the regulated entity’s webpages and mobile apps.
Kentucky Becomes 38th State to Legalize the Use of Medical Cannabis
On March 31, 2023, Governor Andy Beshear signed Senate Bill 47 into law legalizing the use of medical cannabis in the Commonwealth. The bill establishes a structure to regulate the medical cannabis program, including dispensaries, cultivators, practitioners, processors and products, and a procedure for issuing identification cards to patients and caregivers. The bill establishes the authorization process for practitioners to recommend the use of medicinal cannabis and establishes the cannabis business license application process and requirements.