Capabilities

Environmental, Energy & Sustainability

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)
  • Pipelines
  • Real estate
  • Regulatory compliance
  • Resource development, production, and regulation
  • Superfund (CERCLA), site remediation, and natural resource damages
  • Sustainability
  • Surety
  • 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.

Environmental, Energy & Sustainability Specialty Areas
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What others are saying about us

The team at Stites & Harbison are really good lawyers who demonstrate excellent subject-matter expertise.

This comment was collected as part of the U.S. News — Best Lawyers® "Best Law Firms" research process. (2018-19)

. . . go above and beyond providing excellent service and responsiveness . . . make themselves available to their clients and achieve excellent results.

This comment was collected as part of the U.S. News — Best Lawyers® "Best Law Firms" research process. (2018-19)

. . . are very knowledgeable and responsive . . . great team with which to work. Their industry knowledge and contacts are very helpful in obtaining excellent results.

This comment was collected as part of the U.S. News — Best Lawyers® "Best Law Firms" research process. (2018-19)
See more related to Environmental, Energy & Sustainability
Press Releases

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.

by Stites & Harbison, PLLC February 09, 2024
Press Releases

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.

by Stites & Harbison, PLLC January 12, 2024
Client Alerts

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.

by Jennifer J. Cave January 08, 2024
Press Releases

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.

by Stites & Harbison, PLLC January 04, 2024
Client Alerts

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.

by Ashley W. Ward and Kyle S. Schroader November 20, 2023
Press Releases

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.

by Stites & Harbison, PLLC November 17, 2023
Press Releases

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.

by Stites & Harbison, PLLC November 02, 2023
Press Releases

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.

by Stites & Harbison, PLLC October 11, 2023
Client Alerts

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).

by Jennifer J. Cave October 09, 2023
Events

Stites & Harbison Signature Event

Date: 10/11/23
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.

Stites & Harbison, PLLC September 15, 2023
Press Releases

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.

by Stites & Harbison, PLLC September 06, 2023
Press Releases

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.

by Stites & Harbison, PLLC August 31, 2023
Press Releases

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®.

by Stites & Harbison, PLLC August 24, 2023
Events

“To Text or Not to Text…” Challenges to Defending Employment Matters Involving Text Messages

Date: 8/21/23
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.

Shannon Antle Hamilton July 26, 2023
Client Alerts

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.

by Michael Denbow, Brian Butler, and Rachel Gumbel, 2023 Summer Associate July 20, 2023
Client Alerts

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.

by Robin E. McGuffin and Kyle S. Schroader July 05, 2023
Events

26th Annual Kentucky Environmental Permitting and Reporting Conference

Date: 8/9/23 - 8/10/23

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.

Jennifer J. Cave June 15, 2023
Client Alerts

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.

by Stacy Shea Luna (Shea) and Sarah Cronan Spurlock April 28, 2023
Client Alerts

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.

by Jennifer J. Cave April 03, 2023
Client Alerts

“To Text or Not to Text…” Challenges to Defending Employment Matters Involving Text Messages

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.”

by Shannon Antle Hamilton March 31, 2023