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Biography

Kevin is the leader of the Environmental Practice Group and is experienced in a broad range of federal, state, and local environmental programs. His practice focuses on environmental litigation, defense of civil and criminal environmental enforcement actions, and counseling on a wide range of environmental issues arising in business transactions, and regulatory matters.

Kevin has defended a number of state and federal civil and criminal enforcement actions and private party litigations involving the Clean Air Act; the Clean Water Act; the Resource Conservation and Recovery Act; the Toxic Substances Control Act; the Underground Storage Tank Act; the Comprehensive Environmental Response, Compensation, and Liability Act; and various common law claims under state law.

Kevin has substantial experience involving the investigation and cleanup of contaminated sites under state brownfield programs and pursuant to federal and state administrative and judicial consent orders. He regularly counsels buyers, sellers, and lenders on environmental considerations in real estate transactions and business acquisitions and divestitures, and has significant experience in structuring and financing “Brownfields” transactions. Kevin conducts environmental compliance audits and assists businesses in the development and implementation of corporate environmental management systems and procedures.

Kevin is experienced in assisting businesses in responding to environmental incidents involving significant spills, releases, and non-compliance, including conducting root cause analyses, developing, and implementing corrective measures, and coordinating the response to government inquiries of the incident.

Kevin's Relevant Experience

Litigation & Dispute Resolution

  • Defense of state and federal air pollution enforcement actions, including Title V and state air permit, stack testing, emissions, and reporting violations.
  • Defense of state and federal enforcement actions against power plants for alleged Title V permit and air emission violations, and violations related to operation of continuous emission monitoring systems (CEMS) and Leak Detection and Repair (LDAR) requirements.
  • Defense of state and federal enforcement actions involving hazardous waste management at industrial, healthcare, retail, and other facilities.
  • Defense of nationwide EPCRA, SPCC and UST federal enforcement action against a telecommunications company and use of U.S. EPA’s Audit Policy to mitigate civil penalties.
  • Defense of state and federal civil and criminal enforcement investigations and actions involving oil and chemical spills, air emissions, wastewater discharges, data reporting, and waste management practices.
  • Defense of Clean Air Act Risk Management Program (RMP) enforcement actions involving commercial refrigeration and other industrial operations.
  • Defense of state EPA investigation and enforcement action against regional hospital system relating to management of waste pharmaceuticals and other hazardous waste.
  • Defense of U.S. Army Corps action involving wetland and stream permitting requirements related to a major hospital construction project and negotiation of acceptable conditions in required permits.
  • Defense and prosecution of cost recovery actions involving former gasoline service stations, petroleum bulk storage facilities, and dry cleaners, including successful cost recovery actions under Ohio’s Voluntary Action Program (VAP).
  • Defense and prosecution of cost recovery actions involving former gasoline service stations, petroleum bulk storage facilities, and dry cleaners, including successful cost recovery actions under Ohio’s Voluntary Action Program (VAP).
  • Defense of state-wide enforcement actions involving management and disposal of hazardous waste at multiple optical manufacturing establishments.
  • Appeal of air emissions and wastewater discharge permits and other final agency actions to the Ohio Environmental Review Appeals Commission.
  • Appeal of air emission and wastewater discharge permits and other final agency actions to the Ohio Environmental Review Appeals Commission.
  • Defense of enforcement actions by sewer districts alleging violations of pretreatment requirements by industrial users and claims for damage to and interference with operation of the POTW.
  • Defense of PRPs and pursuit of contribution actions in multi-party Superfund sites across the country.

Real Estate & Corporate Transactions

  • Negotiation of purchase/sale agreements and managed environmental due diligence in acquisition of numerous industrial facilities, including chemical manufacturing, food and beverage production, metal plating, hospital and other health care systems, bulk terminals, casket manufacturing, flavor and fragrance manufacturing, and building products across the United States.
  • Assist clients in acquisition and redevelopment of contaminated properties in various states, including Ohio, Indiana, Kentucky, Michigan, Tennessee, and Pennsylvania.
  • Advise lenders on financing and distressed property work out considerations involving contaminated properties.
  • Experienced with use of environmental insurance and other risk mitigation tools in real estate and corporate transactional processes.

Environmental Cleanup & Remediation

  • Substantial experience in the investigation and remediation of former manufactured gas plant (MGP) sites.
  • Legal support on successful recovery of environmental remediation costs through state public utilities rider process.
  • Substantial experience with remediation and redevelopment of contaminated sites across the United States, including use of state brownfield or voluntary cleanup programs and under negotiated agreements with state and federal EPAs.
  • Substantial experience with investigation and remediation of industrial and drycleaner chlorinated solvent contaminated sites, involving on-site and off-site impacts

Compliance Counseling

  • Regular counseling on environmental permitting and regulatory matters involving wide range of businesses, particularly in the manufacturing and energy sectors.
  • Conducted multi-media environmental audits of various industrial facilities, including hospitals, steel mills, chemical manufacturing, metal finishing and plating, building products, marine terminal, food and beverage production, and wood and metal casket manufacturing facilities.
  • Assisted clients in structuring and performing compliance evaluations, audits and making voluntary disclosures under U.S. EPA’s Audit Policy, New Owner Audit Policy, and similar state immunity laws and policies for potential violations of EPCRA, CAA, CWA and RCRA, and other programs to minimize potential enforcement and assessment of civil penalties.

Crisis Response & Internal Investigations

  • Provided legal support for immediate response to a major spill of diesel fuel to a navigable river and communications with federal, state, and local response agencies, including press releases and updates to the public.  Conducted root cause analysis investigations of spill incidents and significant non-compliance, including evaluation of systems, operational documents, practices, employee interviews and development of corrective measures.
  • Provided legal support for initial response and reporting of a propane release in an urban area, including conducting a root cause analysis and internal ethics investigation associated with the incident and managed the integrity evaluation of the propane facilities.
  • Led internal investigation of allegations of noncompliance and bypass of vapor control system involving product handling at a marine terminal, including addressing issues with regulatory agencies.

Other Info About Kevin

Education

Law School

University of Cincinnati College of Law, J.D., 1989
Order of the Coif

Undergraduate School 

University of Cincinnati, B.S. Ch.E., 1986

Bar Membership

Kevin is licensed to practice in the following states:

Ohio, 1989

Courts

Kevin is admitted to practice before the following courts:

Supreme Court of Ohio

Southern District of Ohio

Sixth Circuit Court of Appeals

Recognition

Local & National Recognition

The Best Lawyers in America©, Litigation – Environmental, 2005-2020“Lawyer of the Year,” 2013

Selected for inclusion in Ohio Super Lawyers, 2004-2020

Chambers USA, Ohio Natural Resources & Environment, 2008-2020

Cincinnati Environmental Lawyer of the Year, 2011

AV® Rated, Martindale-Hubbell®  

Professional Affiliations

Professional Affiliations & Memberships

Cincinnati Bar Association, Environmental Law Committee, Past Chair

Ohio State Bar Association, Environmental Law Section

American Bar Association, Section of Environment, Energy and Resources

American Institute of Chemical Engineers

 

Civic Activities

Civic & Charitable Organizations

Playhouse in the Park, Board Trustee

LifePoint Solutions, Former Board President and Board Member

Greater Cincinnati Behavioral Health Services, Board Member

Cincinnati Parks Foundation, Trustee

The First Tee of Greater Cincinnati & Northern Kentucky, Former Vice President and Board Member

Presentations

Kevin has spoken at the following events:

“Update on Environmental Issues Facing Hospitals,” Greater Healthcare Safety Committee Presentation

“Staying on Top of Environmental Considerations in Land Use,” National Business Institute

“Working Your Way Through Environmental Issues,” Ohio ICSC Conference

“Evaluating Your Investment: Environmental Due Diligence,” Ohio Chamber of Commerce

“The EPA’s At My Door?,” Cincinnati Bar Association

 

Firm Committees

Kevin serves on the following committees at Frost Brown Todd:

Strategic Planning Committee, Member

 

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