Environmental, Natural Resources, & Energy
The attorneys of Stites & Harbison's Environmental, Natural Resources & Energy Service Group integrate their knowledge of complex statutory 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.
Several of our group’s attorneys have experience as regulatory attorneys and managers. 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 negotiate settlements that 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 sales, acquisitions, and corporate and commercial transactions, including the complicated aspects of mineral and related property rights.
We have negotiated key environmental covenants, coordinated due diligence in corporate transactions, and provided counsel in the development and operation of gas- or coal-fired power plants.
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.
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 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:
- Agriculture
- Air Pollution and the Clean Air Act
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- Clean Water Act
- Common law nuisance, trespass, and toxic torts
- Conservation easements
- Endangered Species Acts
- Energy & electrical power law
- Emergency Planning and Community Right-to-Know Act (EPCRA)
- Hazardous Waste and Resource Conservation and Recovery Act (RCRA)
- Mining and natural resources
- Regulatory compliance
- Resource development, production & regulation
- Safe Drinking Water Act (SDWA)
- Solid waste
- Solid waste and municipal solid waste
- Sustainability
- Surety
- Toxic Substance Control Act (TSCA)
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.
The team at Stites & Harbison are really good lawyers who demonstrate excellent subject-matter expertise.
. . . go above and beyond providing excellent service and responsiveness . . . make themselves available to their clients and achieve excellent results.
. . . are very knowledgeable and responsive . . . great team with which to work. Their industry knowledge and contacts are very helpful in obtaining excellent results.
Information You Need on the COVID-19 Coronavirus
Stites & Harbison has assembled a Coronavirus Response Team which consists of a cross-disciplinary task force of attorneys and critical staff members to ensure our firm remains “On the Job” for you. Updated 08/03/20
New Federal Law Makes Important Changes To Paycheck Protection Program
The Paycheck Protection Program Flexibility Act of 2020 (the “Flexibility Act”), which is intended to address problematic elements of the Paycheck Protection Program (“PPP”), was signed into law by the President on June 5, 2020.
COVID-19 Scams: What Employers Need to Know
As businesses configure their workplaces to include new safety measures such as providing temperature checks, supplying necessary personal protective equipment (PPE) to employees, or installing hand sanitation stations, they must also be cautious of suspicious activities from fake suppliers, vendors, and other scammers attempting to exploit the current COVID-19 pandemic.
Four Important Environmental Law Changes Since You’ve Been Home
Stites & Harbison environmental attorneys address several environmental issues that have been on-going over the past couple of months in this combined client alert.
Chambers USA 2020 Honors 19 Stites & Harbison Attorneys
LOUISVILLE, Ky.—Chambers USA selected 19 Stites & Harbison, PLLC attorneys in Kentucky and Tennessee for inclusion in their 2020 guide.
Sudden Loss of Nationwide Permit 12 Threatens Future of Development Projects; Will Overwhelm the Corps of Engineers
A recent federal court ruling on the use of Nationwide Permit 12 (NWP 12), in connection with the Keystone XL pipeline project in Montana, threatens the feasibility of current and future development projects nationwide as the U.S. Corps of Engineers (Corps) braces for an increase in individual Clean Water Act (CWA) permit review.
Paycheck Protection Program Update: SBA Issues New Guidance Emphasizing Eligibility Requirements
In an apparent response to controversy related to public companies and larger concerns obtaining Paycheck Protection Program (“PPP”) loans, the Small Business Administration, in consultation with the Treasury Department, today issued additional guidance intended to underscore that loan requests must be necessary based on the actual economic need of the borrower.
Updated CDC Guidance for Essential Workers
On April 8, 2020, the Center for Disease Control and Prevention (“CDC”) provided updated guidance for COVID-19 exposed employees for essential businesses, such as groceries, hospitals, and first responders.
Benchmark Litigation names Stites & Harbison as Litigation Firm of the Year for Kentucky
LOUISVILLE, Ky.—Benchmark Litigation recently named Stites & Harbison, PLLC as Litigation Firm of the Year for Kentucky at its 2020 Annual Awards Gala.
SBA Issues Interim Final Rule for Paycheck Protection Program
Provisions of the Paycheck Protection Program of the Coronavirus/COVID-19 economic relief legislation remain subject to change. On Thursday, April 2, 2020, the SBA issued a 31-page interim final rules to update and clarify the existing requirements. The content of this article is current as of Tuesday, April 7, 2020.
COVID-19 and Your Business — What You Need to Know
Time: 11:00 a.m. - 1:15 p.m.
WEBINAR
Please join us for a WEBINAR discussing the impacts of COVID-19 on your business. You can join the webinar at any time and attend whichever presentation(s) that are of interest to you.
Environmental Compliance Considerations for Kentucky Businesses in the Wake of COVID-19
As a result of the COVID-19 pandemic, businesses may be struggling to meet environmental compliance requirements because of limited staffing, changes in production, and government-imposed operating restrictions. Businesses must remain mindful of their environmental compliance obligations regardless of whether the requirement arises from a permit condition, general regulatory requirements, or an agreed order.
EPA Suspends Enforcement Activities at Regulated Entities Impacted by COVID-19
The United States Environmental Protection Agency (“EPA”) announced on March 26, 2020 that it is temporarily suspending its enforcement of environmental legal obligations during the COVID-19 pandemic. EPA’s temporary enforcement discretion policy applies to civil violations during the COVID-19 outbreak.
Department of Labor to Employers: You Must Notify Your Employees of New Paid Leave Laws by April 1, 2020
The Families First Coronavirus Response Act, effective April 1, 2020, requires certain public employers and private employers with fewer than 500 employees to provide E-FMLA and Emergency Paid Sick Leave to eligible employees. Employers must notify current employees of these benefits by circulating the official Notice of Employee Rights published by the Department of Labor.
29th Annual Business & Industry's Sustainability & Environmental, Health and Safety Symposium
Time: 7:30 a.m. - 5:00 p.m.
Sharonville Convention Center, 11355 Chester Road, Cincinnati, Ohio 45246
Stites & Harbison Environmental attorneys Blaine Early and Jennifer Cave will be presenters at the Sustainability & Environmental, Health Safety Symposium in Cincinnati, OH in March.
Stites & Harbison recognized in BTI Client Service A-Team 2020
LOUISVILLE, Ky.—BTI Consulting Group recently selected Stites & Harbison, PLLC as a standout in two key areas: investing in client relationships and client-facing communication in the prestigious BTI Client Service A-Team 2020: Survey of Law Firm Client Service Performance.
Kentucky Super Lawyers Honors 45 Stites & Harbison Attorneys for 2020
LOUISVILLE, Ky.—The 2020 edition of Kentucky Super Lawyers recently honored 42 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 32 attorneys to the Super Lawyers list and 13 attorneys to the Rising Stars list.
Stites & Harbison Ranked in 46 Practice Areas in the 2020 U.S. News – Best Lawyers Law Firm Survey
LOUISVILLE, Ky.—U.S. News & World Report and Best Lawyers have released their 2020 “Best Law Firms” rankings. Stites & Harbison, PLLC’s three National Tier 1 rankings include: Litigation – Construction, Litigation – Real Estate, and Trademark Law.
Pipeline Crafts Urge U.S. Supreme Court to Reverse Atlantic Coast Pipeline Decision and to Allow a More Reliable Permitting Process
On October 4, 2019, the U.S. Supreme Court agreed to review the 4th Circuit’s rejection of the National Forest Service’s permit authorizing the Atlantic Coast Pipeline (ACP) to cross the Appalachian Trail within the George Washington National Forest.
Stites & Harbison welcomes Mary Lu Noah to the Nashville office
NASHVILLE, Tenn.—Stites & Harbison, PLLC welcomes attorney Mary Lu Noah to its Nashville, Tenn., office.