Denise W. Kennedy
Partner

Denver Office



Global Climate Change

Air Quality

Environmental Compliance

Superfund

Hazardous Waste

Energy, Environment and Natural Resources

303-295-8066

dkennedy@hollandhart.com

Ms. Kennedy represents major industrial and natural resource companies, as well as national trade associations, in air quality litigation, permitting and regulatory matters, with a particular emphasis on power plant PSD permitting, and NEPA review, including climate change, NAAQS and increment analyses. She has had extensive air quality experience in the states of Colorado, Nevada, Alaska, Arizona, and Minnesota, as well as EPA Regions 5, 8, 9, and 10. She has worked on complex PSD/NSR issues such as NSR Reform, increment tracking, power plant permitting and compliance, BACT determinations and related climate change issues, and major modification analyses, as well as emission reduction credits and nonattainment offsets. In addition, she has worked on developing federal MACT standards, as well as mercury control and allocation regulations for power plants, and other industrial operations. She also has experience in the environmental aspects of property and business acquisitions, Superfund, hazardous waste cleanup, and litigation issues, including issues unique to multi-party sites.

Ms. Kennedy works closely with industry and national trade association representatives on issues related to climate change and Clean Air Act regulatory and legislative reform. From 2006-2009, Ms. Kennedy served as the Chair of Holland & Hart's Natural Resources Department, which is ranked as the best natural resources practice in the country by Best Lawyers in America. Ms. Kennedy is also listed in Best Lawyers in America for environmental law.

RECENT CASES

Ms. Kennedy has been involved in the following major Clean Air Act cases:

Powder River Basin Resource Council and Sierra Club v. Wyoming Dept. of Env. Quality and Basin Electric Power Coop., No. 5-09-0037 (Wyoming) (Pending) (Power Plant permit appeal)

Natural Resources Defense Council v. EPA (D.C. Cir.) (pending) (challenge to NSR fugitive emissions rule)

National Cattlemen's Beef Association v. EPA (D.C. Cir.) (pending) (appeal of Fine PM Implementation Rule)

American Farm Bureau Federation v. EPA (D.C. Cir 2009) (challenge to particulate matter air quality standards)

In re Newmont Nevada Energy Investments, LLC (EAB 2005) (Power Plant permit appeal)

New York v. EPA (D.C. Cir. 2005) (NSR Reform)

Great Basin Mine Watch v. EPA (9th Cir. 2005) (PSD baseline area redesignation upheld)

Reno Sparks Indian Tribe v. EPA (9th Cir. 2003) (designation of PSD baseline areas upheld)

PROFESSIONAL ACTIVITIES

Member, Air Quality subcommittee of the National Mining Association, The Colorado Association of Commerce and Industry, The Colorado Mining Association, and The Nevada Mining Association

Member, American Bar Association Section of Natural Resources, Energy, and Environmental Law

Member, Colorado Bar Association Environmental Law Section

Ms Kennedy is AV Peer review Rated by Martindale-Hubbell and is listed in The Best Lawyers in America for Environmental Law. 

PUBLICATIONS AND SPEAKING ENGAGEMENTS

"EPA Proposed Greenhouse Gas Reporting Rule & Proposed Endangerment Finding," presentation given at Emerging Policies on Climate Change Breakfast Briefing, June 2009.

"Proposed Particulate Matter Standards Revisions," speech given at the Rocky Mountain Mineral Law Foundation's Special Institute on Air Quality Challenges, Nov. 2007.

"Use of IGCC as BACT for Power Plants," panel discussion at ABA Teleconference, Jan. 2006.

"Whose Air is it Anyway? The Federal-State Tug-of-War Over Administration of the Clean Air Act and Other Environmental Laws." 49 Rocky Mountain Mineral Law Institute (July 2003).

Air Quality chapter of the American Law of Mining, 2d Ed. (2003).

EDUCATION

University of Denver J.D. 1985
- Order of St. Ives

Colorado College B.A. 1981