Capabilities

Environmental, Natural Resources, & Energy

The attorneys of Stites & Harbison's Environmental, Natural Resources & Energy 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 the EPA and Army Corps of Engineers. 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 and brownfields redevelopment.

We have negotiated permits under the Clean Air Act and Clean Water Act, 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 have resolved contaminated property issues.

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
  • 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
  • Regulatory compliance
  • Resource development, production, and regulation
  • Superfund (CERCLA), site remediation, and natural resource damages
  • Sustainability
  • Surety
  • Transactions, due diligence
  • Waste 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, Natural Resources, & Energy 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)
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LOUISVILLE, Ky.—Governor Andy Beshear has appointed Stites & Harbison, PLLC attorney Jennifer Cave to the Team Kentucky Medical Cannabis Advisory Committee. She will serve a two-year term. The committee, composed of 17 members, will help advise the governor on providing access to medical cannabis to Kentuckians suffering from chronic pain and other medical conditions.

by Stites & Harbison, PLLC June 22, 2022
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Rob Moore Named Stites & Harbison’s Frankfort Office Executive Member

FRANKFORT, Ky.—Stites & Harbison, PLLC attorney Rob Moore has been named Office Executive Member for the Frankfort, Ky., office. He succeeds attorney Mark Overstreet, who has led the office since 1997.

by Stites & Harbison, PLLC April 12, 2022
Events

20th Annual Kentucky Environmental Conference

Date: 3/10/22 - 3/11/22

Griffin Gate Marriott Golf Resort & Spa, 1800 Newtown Pike, Lexington, KY 40511

Environmental attorney Blaine Early will be a presenter at this two-day conference in Lexington, Kentucky on March 10 & 11, 2022.

W. Blaine Early III March 08, 2022
Events

2022 Issues for Corporate House Counsel CLE Seminar

Louisville office attorneys Matt Breetz and Brian Cromer will be speakers at the Kentucky Bar Association's 2022 Issues for Corporate House Counsel CLE Seminar on April 12, 2022.

Matthew W. Breetz and Brian A. Cromer February 14, 2022
Articles

Stites & Harbison hires attorney Brady Dunnigan

Stites & Harbison, PLLC welcomes attorney Brady Dunnigan to the firm’s Lexington, Ky., office. He joins the Real Estate & Banking Service Group as a Member (Partner).

by Editor February 11, 2022
Press Releases

Respected Real Estate and Corporate Attorney Brady Dunnigan Joins Stites & Harbison in Lexington

LEXINGTON, Ky.—Stites & Harbison, PLLC welcomes attorney Brady Dunnigan to the firm’s Lexington, Ky., office. He joins the Real Estate & Banking Service Group as a Member (Partner).

by Stites & Harbison, PLLC February 09, 2022
Client Alerts

Supreme Court Rejects OSHA Vaccine Mandate on Private Employers – Allows CMS Healthcare Mandate for Facilities Receiving Medicare/Medicaid Funds

Holding that “[a]lthough Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given the agency the power to regulate public health more broadly,” in a 6-3 decision the Supreme Court of the United States, on January 13, 2022, issued a stay of OSHA’s Emergency Temporary Standard (“ETS”) on vaccination or testing for employers with 100 or more workers.

by Shannon Antle Hamilton, Calesia Henson, Demetrius O. Holloway, Ashley Owens Hopkins, Robin E. McGuffin, and Robin D. Miller January 14, 2022
Press Releases

Kentucky Super Lawyers Honors 37 Stites & Harbison Attorneys for 2022

LOUISVILLE, Ky.—The 2022 edition of Kentucky Super Lawyers recently honored 37 Stites & Harbison, PLLC attorneys in the Covington, Frankfort, Lexington and Louisville, Ky., offices. The publication named 29 attorneys to the Super Lawyers list and eight attorneys to the Rising Stars list.

by Stites & Harbison, PLLC January 11, 2022
Press Releases

Katherine Moore Donnelly Elected to the Lexington Art League Board

FRANKFORT, Ky.—The Lexington Art League has elected Stites & Harbison, PLLC attorney Katherine Moore Donnelly to its Board of Directors. She will serve a three-year term.

by Stites & Harbison, PLLC December 22, 2021
Press Releases

Mid-South Super Lawyers®, Rising Stars 2021

NASHVILLE, Tenn.—The 2021 edition of Mid-South Super Lawyers recently honored eight Stites & Harbison, PLLC attorneys. Five attorneys were named to the Super Lawyers list and three were named to the Rising Stars list.

by Stites & Harbison, PLLC December 03, 2021
Press Releases

Stites & Harbison Earns 82 Rankings in 2022 “Best Law Firms” List

U.S. News & World Report and Best Lawyers® have released their 2022 “Best Law Firms” rankings. Stites & Harbison, PLLC’s three National Tier 1 rankings include: Litigation – Construction, Litigation – Real Estate, and Trademark Law. The firm’s overall results include 82 metropolitan rankings in six regions.

by Stites & Harbison, PLLC November 17, 2021
Press Releases

Women We Admire Names Jennifer Cave to Top 100 Women Leaders in Law of 2021

LOUISVILLE, Ky.—Women We Admire recently named Stites & Harbison, PLLC attorney Jennifer Cave to The Top 100 Women Leaders in Law of 2021. This year’s honorees were chosen for their commitment to the field of law and for setting a benchmark of excellence.

by Stites & Harbison, PLLC November 10, 2021
Client Alerts

Biden Announces Plans to Mandate Vaccination for All Federal Workers and Contractors, Private Employers with 100+ Employees, and Health Care Workers at Medicare/Medicaid Facilities

President Biden has announced plans to reduce the number of unvaccinated Americans by using regulatory and other powers to increase the number of Americans covered by vaccination requirements as COVID-19 cases continue to climb.

by Shannon Antle Hamilton and Ashley Owens Hopkins September 10, 2021
Press Releases

Stites & Harbison, PLLC Lawyers Named to 2022 Best Lawyers® Publications

LOUISVILLE, Ky.—Stites & Harbison, PLLC is pleased to announce that 93 lawyers are included in the 2022 Edition of The Best Lawyers in America©. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Additionally, 11 attorneys are named as “Lawyer of the Year” and 14 attorneys are recognized in “Best Lawyers: Ones to Watch,” which recognizes attorneys early in their careers for outstanding professional excellence in private practice in the United States.

by Stites & Harbison, PLLC September 01, 2021