Overview

Kerry has 15 years of wide-ranging experience handling novel and complex energy, environmental, and administrative law issues. She regularly assists applicants in obtaining and defending federal permits and navigating environmental reviews for complicated energy and development projects. Clients leverage Kerry’s thorough legal analysis to build comprehensive regulatory and compliance strategies tailored to their business objectives.

Kerry is a key member of our energy transition team and serves as project counsel for a number of carbon capture and sequestration, new wind and solar generation, and battery storage projects. She has extensive experience not only advising clients on federal permitting and compliance for linear infrastructure, including oil and gas pipelines and electric transmission lines, but also with federal litigation, including litigation related to administrative rulemakings and defense of major federal environmental permits. Kerry’s clients derive from a variety of industry sectors, including utilities, mining, oil and gas, renewables, agriculture, consumer products, housing and development, and related trade associations and industry coalitions.

Kerry has extensive experience with matters related to the Clean Water Act (CWA), Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program, Endangered Species Act (ESA), National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), and other environmental statutes.

As counsel on many recent significant water cases and regulatory proceedings, Kerry has been able to offer clients smart judgment and practical advice to guide their short-term decision making and long-term planning. She represents major industry groups on important CWA issues, such as the scope of federally regulated “waters of the United States,” functional equivalent discharge and groundwater issues, and requirements for utilities and manufacturers under EPA’s section 316(b) rule for existing facilities.

Kerry often serves as a speaker and panelist at legal and industry conferences and seminars around the country and is a frequent author on environmental, natural resources, environmental justice, and regulatory issues, including through contributions to the firm's environmental law blog, The Nickel Report. She has also helped develop training programs for companies on key regulatory issues.

Experience

  • Lead counsel defending CCS project proponent’s EPA UIC Class VI permit in EPA Environmental Appeals Board proceeding.
  • Project counsel for electric transmission line project involving NEPA review, tribal consultation, historic preservation issues, and species consultation.
  • Represents utility in federal district court litigation defending NEPA reviews for new natural gas plant projects.
  • Advise offshore wind project proponent on CWA and Rivers and Harbors Act permitting and related requirements, including for offshore and onshore transmission line components.
  • Lead counsel on federal Clean Water Act 404 permitting matter involving client’s new mines and mine extension projects in Florida, involving key NEPA, protected species, and wetlands issues, and defense of permit in federal court.
  • Analyzes complex legal issues for an energy company, advising the client on strategic approaches to manage the EIS and permitting process. Representation involves coordinating with various agencies with responsibilities under NEPA, the National Historic Preservation Act, the Endangered Species Act, and the Clean Water Act.
  • Obtained a critical federal Clean Water Act NPDES discharge permit for facility on tribal land and successfully defended permit before the U.S. EPA Environmental Appeals Board. The permit and related litigation involves essentially every major water issue EPA has addressed in the past few years, including “waters of the United States” jurisdictional determination, application of CWA section 316(b) requirements for cooling water intake structures, steam electric effluent limitation guidelines, hydrologic connection/Coal Combustion Residual (CCR) issues, water quality standards for features on tribal lands, and permit issues related to sovereign immunity.
  • Represents developers, mining companies, agriculture interests, utilities and pipeline companies on jurisdictional determinations, use of nationwide permits and other general permits, expedited permitting procedures and mitigation requirements under Section 404 of the CWA.
  • Provides long-term daily representation of an association of electric utilities on US water regulation developments, including development of many extensive technical and legal comments on US EPA regulatory proposals.
  • Counsels utilities on obtaining/renewing and complying with state and federal NPDES permits, particularly for facilities with cooling water intake structures subject to the EPA Section 316(b) Rule’s requirements.
  • Advises clients on avian protection guidelines and related requirements and incidental take issues under the Migratory Bird Treaty Act and Bald and Golden Eagle Protection Act.
  • Counsels clients on the ESA Section 7 consultation process for projects requiring federal permits and the ESA Section 10 incidental take permit process for energy and development projects and operations.
  • Advises electric utilities and other energy companies on permitting electric transmission and other structures across federal lands administered by the National Park Service and the US Forest Service.
  • Advises interstate natural gas pipelines on environmental permitting and siting matters; regulatory compliance and litigation under the CWA, ESA, NEPA and other federal environmental laws; and the interplay between EPA, Federal Energy Regulatory Commission (FERC) and Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations.

Accolades

Honors & Recognitions

  • Recommended for Environment: Litigation (2021-2024) and Environment: Regulatory (2021-2024), Legal 500 United States
  • Selected as a member of the Lawdragon Top 500 Environmental and Energy Lawyers (2021) and Lawdragon Green 500: Leaders in Environmental Law (2023, 2024)

  • Named to “40 & Under Hot List” by Benchmark Litigation, 2018–2024
  • Recognized as 2021 Environmental Group of the Year, Law360, January 2022
  • Named a Law360 Environmental Rising Star, 2021

  • 2021 and 2017 Chambers USA Environment Law Firm of the Year

Affiliations

Professional

  • Member, Section of Environment, Energy and Resources, American Bar Association
  • Member, Women’s Energy Network
  • Chair, Environmental Justice & Stakeholder Engagement Committee, The CCUS Commercialization Acceleration Consortium by Southern States Energy Board & University of Houston’s Center for Carbon Management in Energy

Insights

Events & Speaking Engagements

  • Event
  • May 8, 2024
    Event
  • Fall 2021 and Fall 2023
    Event
    Lecturer
    Wetlands Regulation and Permitting Course, University of Miami School of Law
  • August 17, 2023
    Event
    Speaker
    The Impact of SCOTUS Rulings on State and Federal Regulations, Women in Government Relations (WGR) Webinar
  • February 10, 2023
    Event
  • May 4, 2022
    Event
  • December 9, 2021
    Event
    Speaker
    Practical Tips for Navigating Offshore Wind Development, Hunton Andrews Kurth Webinar
  • December 8, 2021
    Event
    Speaker
    Navigating Environmental Justice Issues for the Midstream Energy Sector, Hunton Andrews Kurth Webinar
  • November 17, 2021
    Event
    Speaker
    Enforcement Initiatives and Supplemental Environmental Projects, National Association of Clean Water Agencies
  • October 21, 2021
    Event
  • September 24, 2021
    Event
    Speaker
    Update on Waters of the U.S., National Waterways Conference Annual Meeting
  • Fall 2021
    Event
    Co-instructor
    Wetlands Regulation course, University of Miami
  • June 9, 2021
    Event
    Panelist
    The Future of NEPA: The Status and Future of New NEPA Rule, ABA Section of Environment, Energy, and Resources
  • April 27, 2021
    Event
    Speaker
    Environmental Justice and Implications for Hydro Licensing, National Hydropower Association
  • February 23, 2021
    Event
    Speaker
    Clean Water Act Jurisdiction and Permitting: What do the Navigable Waters Protection Rule and Nationwide Permit Reissuance Mean for Your Projects?, National Stone, Sand, and Gravel Association’s AGG1 Aggregates Academy and Expo
  • December 8, 2020
    Event
    Speaker
    Election presentation, CCUS Conference
  • December 1–18, 2020
    Event
    Speaker
    Presentation Series, Election 2020: Impacts on Federal Environmental Law and Policy
  • December 2020
    Event
    Speaker
    The Biden Administration: Environmental, Health and Safety Priorities, and Implications
  • December 1, 2020
    Event
    Speaker
    Election presentation, EA Engineering
  • November 19, 2020
    Event
    Speaker
    Election presentation, Environmental Business International
  • November 10, 2020
    Event
    Co-presenter
    Forecast for Water and Natural Resources Regulations, National Waterways Conference 60th Annual Meeting
  • October 13, 2020
    Event
    Presenter
    What Does the New WOTUS Rule Mean for Your Facilities? American Public Power Association Legal and Regulatory Virtual Conference
  • October 13, 2020
    Event
    Speaker
    What Does New WOTUS Rule Mean for Your Facilities & Projects?, American Public Power Association
  • May 2-3, 2019
    Event
    Presenter
    Clean Water Act 2019: Law and Regulation, American Law Institute CLE Program
  • April 2, 2019
    Event
    Speaker
    “Clean Water Act Section 316(b) and Hydropower Facilities,” National Hydropower Association Annual Conference
  • April 1, 2019
    Event
    Panelist
    “Clean Water Act Regulatory Updates,” American Public Power Association Engineering and Operations Technical Conference
  • June 9, 2017
    Event
    Speaker
    “Compensatory Mitigation and the Future of Ag Land Use,” 4th Annual Mid-South Ag & Environmental Law Conference
  • May 18, 2017
    Event
    Speaker
    “Evaluating ESA Incidental Take Coverage Requirements for 316(b) Studies,” Electric Power Research Institute Webcast
  • May 11, 2017
    Event
    Speaker
    “What’s in Store for the WOTUS Rule?,” D.C. Bar Environment, Energy and Natural Resources Section
  • March 14, 2017
    Event
    Speaker
    “Evaluating ESA Incidental Take Coverage Requirements for § 316(b) Studies,” Electric Power Research Institute Conference on §316(b) Technical Challenges for Power Plants
  • March 14, 2017
    Event
    Speaker
    “Evaluating ESA Incidental Take Coverage Requirements for § 316(b) Studies,” Electric Power Research Institute Conference on §316(b) Technical Challenges for Power Plants
  • February 8, 2017
    Event
    Speaker
    “Navigating the ESA Requirements of the § 316(b) Rule,” Energy, Utility, and Environment Conference, San Diego, CA
  • November 16, 2016
    Event
    Presenter
    Update on the Waters of the U.S. Rule, Corn Refinery Association’s Environmental Affairs Committee
  • October 10, 2016
    Event
    Presenter
    “A New Era of Compensatory Mitigation for Impacts on Natural Resources,” The National Agricultural Law Center
  • September 29, 2016
    Event
    Presenter
    “CWA Section 404 Permitting and Related Army Corps Issues,” Interstate Natural Gas Association of America (INGAA) Environment, Health, and Safety Committee Meeting
  • June 8, 2016
    Event
    Speaker
    UWAG Water Program Overview, Fortune 150 national energy company Environmental Summit, Annapolis, MD
  • May 24, 2016
    Event
    Speaker
    “Natural Resource Compensatory Mitigation,” Legal Information & Networking Committee Conference, American Farm Bureau Federation
  • May 23, 2016
    Event
    Speaker
    “Update on the Waters of the US Rulemaking,” National Grape and Wine Policy Conference, Winegrape Growers of America
  • February 4, 2016
    Event
    Speaker
    “Clean Water Act Rule: Expanding Risk and Liability for Project Proponents,” Energy Utility and Environment Conference
  • October 20, 2015
    Event
    Speaker
    “The Final Waters of the United States Rule: Implications and Implementation,” Virginia Golf Course Superintendents Association
  • July 21, 2015
    Event
    Presenter
    “EPA Clean Water Rule: Definition of Waters of the US,” American Public Power Association Webinar

Blog Posts

News

Education

JD, The George Washington University Law School, with honors; Dean’s Fellow; Editorial Board, George Washington Law Review, 2009

BA, Political Science and with honors in English, Vanderbilt University, magna cum laude, 2006

Admissions

District of Columbia

Virginia

Government Service

Judicial Intern, US Court of Federal Claims

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