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Biography

Mary Ann focuses her practice on the manufacturing and energy industries with emphasis on air quality issues throughout all stages of litigation.

Prior to joining Frost Brown Todd, Mary Ann worked for the Kentucky Energy and Environment Cabinet as the primary attorney for the Division for Air Quality. In this role, she represented the Division for Air Quality in litigation across administrative, state, and federal venues regarding enforcement of Clean Air Act (CAA), state statutory, and state regulatory provisions; defended agency decisions; and negotiated air permit terms. She has experience with Title V, Prevention of Significant Deterioration (PSD), New Source Performance Standards (NSPS), and National Emissions Standards for Hazardous Air Pollutants (NESHAP) programs under the Clean Air Act.

While at the Kentucky Energy and Environment Cabinet, Mary Ann also represented the Division of Water, Division of Waste Management, Division of Forestry, Division of Mine Reclamation and Enforcement, and Division of Oil and Gas throughout all stages of litigation in matters involving the Clean Water Act (CWA), Surface Mining Control Act (SMCRA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and related state regulatory programs.

Mary Ann's Relevant Experience

Environmental Representation

Enforced agreed order regarding Clean Water Act violations by owner of privately owned wastewater treatment plant, which resulted in favorable judgment, civil penalty, the first appointment of a receiver under KRS 224.73-150, and the transfer of multiple privately owned wastewater treatment plants.

Drafted an amicus curiae brief before the U.S. Court of Appeals for the District of Columbia regarding the Cross-State Air Pollution Rule (CSAPR).

Reviewed claims of environmental audit evidentiary privilege and civil penalty amnesty under KRS 224.1-040.

Reviewed environmental covenants under KRS 224.80-110.

Negotiated multiple permitting conditions in Title V and Conditional Major permits that contained provisions regarding Prevention of Significant Deterioration, New Source Performance Standards, and National Emissions Standards for Hazardous Air Pollutants programs.

Represented the Department for Environmental Protection in characterization of per- and polyfluoroalkyl substances (PFAS) pursuant to an agreed order.

Represented the Division for Air Quality during permitting action regarding per- and polyfluoroalkyl substances (PFAS).

Drafted amicus brief in State of New York v. Environmental Protection Agency, 964 F.3d 1214 (D.C. Cir. 2020), supporting of the Environmental Protection Agency’s denial of New York’s 126(b) petition.

Represented the Division of Water before the Franklin Circuit Court in Energy and Environment Cabinet v. Allen Artis regarding violations of KRS 224.70-110 and related regulations.

Represented the Division for Air Quality before the Office of Administrative Hearings and the Franklin Circuit Court regarding violations of Kentucky open burning statute and regulation, which resulted in a favorable judgment and award of civil penalty.

Other Info About Mary Ann

Education

Law School

University of Kentucky College of Law, J.D., 2017

Rouse Scholarship for Best Published Note, Recipient
Kentucky Law Journal, Online Content Editor
Moot Court Participant

Undergraduate School

Simmons University, B.A., Women’s and Gender Studies, 2011, cum laude

Clerkships

Mary Ann served as a clerk for the court(s) and judge(s) below:

U.S. District Court for the Eastern District of Kentucky, Hanly A. Ingram

Bar Memberships

Mary Ann is licensed to practice in the following state(s):

Kentucky, 2017

Courts

Mary Ann is admitted to practice before the following court(s):

Kentucky Supreme Court

U.S. Court of Appeals for the District of Columbia Circuit

Professional Affiliations

Professional Affiliations & Memberships

Kentucky Bar Association LGBT Law Section, Chair, 2022; Chair-Elect, 2021-2022; Vice Chair, 2020-21; Secretary, 2018-2020

Kentucky Bar Association Environment, Energy, and Natural Resources Law Section, Member

Major Publications

Mary Ann is an author or contributor to the following publications:

Digging Out of the Hole: Arguments Against the Use of Juvenile Solitary Confinement in Kentucky,” Kentucky Law Journal, January 2016

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