Kerry has extensive experience with permitting and litigation under the Clean Water Act (CWA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA) and other environmental statutes. She represents groups from a wide 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 significant experience with federal litigation, drafting comments on administrative rulemakings and counseling clients on compliance with regulatory requirements.
As counsel on the many significant water cases and regulatory proceedings of recent years, 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 key issues such as the scope of federally regulated “waters of the United States” and requirements for utilities and manufacturers under EPA’s section 316(b) rule for existing facilities.
Kerry has extensive experience with CWA section 404 dredge and fill permitting and related federal requirements, such as NEPA review and the ESA section 7 consultation process. She regularly assists applicants in obtaining and defending federal permits for complicated energy and development projects.
A burgeoning thought leader, Kerry often serves as a speaker and panelist at legal and industry conferences and seminars around the country. She is the author of numerous articles and editorials on environmental, natural resources and regulatory issues, and is a frequent contributor to the firm's environmental law blog, The Nickel Report.
More Legal and Business Bylines From Kerry L. McGrath
- New Report Suggests DOJ to Continue Actively Pursuing Environmental Justice-Focused Enforcement Actions - (Posted On Monday, November 06, 2023)
- Agencies Issue Final Rule to Amend the 2023 “Waters of the United States” Definition - (Posted On Wednesday, September 13, 2023)
- Amendments to NEPA Following Debt-Ceiling Deal Would Improve Permitting for Major Infrastructure Projects - (Posted On Thursday, June 08, 2023)
- EPA Proposes to Give Louisiana Authority for CO2 Injection Permits Under Condition that State Permit Process Includes Robust Environmental Justice Analysis and Outreach - (Posted On Thursday, May 04, 2023)
- New Environmental Justice Executive Order Includes Additional Requirements and Accountability Measures for Federal Agency Environmental Justice Efforts - (Posted On Tuesday, April 25, 2023)
- EPA and Army Corps Issue New “WOTUS” Rule While Supreme Court Considers Jurisdiction Over Adjacent Wetlands - (Posted On Thursday, January 19, 2023)
- Environmental Justice in Focus: Why EPA’s New EJ Office and EJ FAQs Guidance Matter - (Posted On Monday, October 24, 2022)
- Court Vacatur of Comprehensive 2019 Endangered Species Act Rules Raises Big Questions - (Posted On Thursday, July 07, 2022)
- BOEM Prepares for California Offshore Wind Energy Area with Request for Public Comments on Draft Environmental Assessment - (Posted On Wednesday, April 13, 2022)
- Biden Administration Rolls Out New Climate, Economic, and Environmental Justice Tools - (Posted On Monday, February 28, 2022)