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)
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