The attorneys of Stites & Harbison's Environmental, Energy and Sustainability Service Group integrate their knowledge of complex regulatory programs with an understanding of the principles of administrative law, constitutional law, and the common law to provide legal advice on issues that touch air, land, or water.
Our group’s attorneys have experience with state and federal regulators across the country. Many of our attorneys also have technical backgrounds in scientific and engineering fields that provide valuable insight to environmental problems.
We strive to build practical solutions in all environmental 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.
When disputes arise, our lawyers seek to resolve them and achieve these goals and minimize exposure while avoiding litigation. Meanwhile, we are also prepared to litigate in any forum, from specialized administrative bodies to state and federal trial and appellate courts.
We routinely advise clients in natural resource development and sales, acquisitions, and corporate and commercial transactions, including the complicated aspects of mineral and related property rights and brownfields redevelopment.
We have negotiated permits under the Clean Air Act and Clean Water Act, along with numerous state and federal laws associated with the extractive industries, and have coordinated the necessary due diligence in corporate and real estate transactions. We have provided counsel in the development and operation of gas- and coal-fired power plants and renewable energy developments. Additionally, we routinely advise regarding the resolution of contaminated property issues whether for an owner, prospective purchaser or lender.
In representing private clients and trade associations, we also have significant experience in developing or challenging state and federal rulemaking under numerous environmental and natural resources related statutes. We regularly participate in the rulemaking process by meeting with regulators and drafting comments on proposed rules on behalf of clients.
Our group supports finding beneficial uses for major industrial waste streams, and in developing ways for our clients to minimize disposal costs while protecting the environment.
We are familiar with and represent clients in matters where sustainability and/or green construction are central concerns. Clients with assets or operations having an environmental component rely on Stites & Harbison attorneys to listen and then identify and resolve issues to assure compliance, mitigate risk, and limit exposure to environmental liability.
With significant representations in the manufacturing, agriculture, surety, construction, power generation, waste and recycling, and the extractive industries – including minerals, coal, oil, gas, timber, and water – our attorneys are accustomed to working with business and regulatory communities.
We have particular experience in the following areas:
- Air pollution and the Clean Air Act
- Audits, risk, and compliance program assessment
- Chemicals, products, and hazardous materials
- Common law nuisance, trespass, and toxic torts
- Conservation easements
- Endangered Species Acts
- Energy generation and transmission including solar development
- Environmental compliance, litigation, and defense
- Infrastructure and project development and permitting
- Insurance recovery
- Land use
- Mining and natural resources
- Mobile source regulation
- NEPA and historic preservation reviews
- Occupational Safety and Health Administration (OSHA)
- Real estate
- Regulatory compliance
- Resource development, production, and regulation
- Superfund (CERCLA), site remediation, and natural resource damages
- Transactions, due diligence
- Waste disposal and recycling
- Water quality, wetlands, groundwater, and drinking water
Stites & Harbison is a proud partner in the Law Office Climate Challenge Program, a joint effort of the American Bar Association and the EPA targeted at developing and implementing sustainable business practices in a law-office setting.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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®.
Time: 12:00 p.m. - 1:40 p.m.
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.
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.
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.
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.
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.
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.
A client recently received a litigation hold letter from an attorney representing a former employee. It demanded retention and preservation of all “documents and data” relating to or concerning the former employee, their work performance, and termination. The definition of documents and data also included all electronically stored information, “. . . such as e-mail, voicemail, . . . digital audio or video recordings, instant messages, text messages, social media posts, . . . and any other electronic information created, maintained or received by you.”