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Kelly Johnson

Partner

901 K Street NW, Suite 850, Washington, DC 20001
P 202.654.6933
OVERVIEW

Kelly leverages her experience and knowledge of the executive, legislative, and judicial systems to deliver clients strategic solutions to the complex challenges they face.

Kelly’s practice, at the intersection of law and public policy, includes providing environmental and natural resources compliance advice and helping clients subject to federal enforcement investigations or proceedings.  She focuses on environmental, energy, and natural resource matters, including climate change issues, for a diverse range of corporate entities including mining, oil and gas and renewable energy companies.

After starting her career at Holland & Hart, Kelly served as Senior Counsel to the Senate Energy & Natural Resources Committee.  She later was the Principal Deputy Assistant Attorney General and Acting Assistant Attorney General in the Environment & Natural Resources Division at the U.S. Department of Justice representing the Environmental Protection Agency, Department of the Interior, National Oceanic and Atmospheric Administration, and other federal agencies in litigation involving their environmental and conservation decisions. Kelly draws on the expertise and relationships established through her public service on Capitol Hill and the Department of Justice to develop and execute strategies that promote or protect clients’ interests before federal decision makers in Washington, D.C. 

Kelly is an elected member of the firm's five-partner Management Committee which oversees the firm's management and strategic direction and the Administrative Partner of the Washington DC office. From 2012 to 2017, Kelly served as the Environment and Natural Resources Practice Group Leader.

EXPERIENCE

Experience

Kelly has experience in many areas of environmental and natural resources law, including:

  • Federal legislative and regulatory affairs
  • Federal election and campaign finance law
  • Federal and state statutory and regulatory programs to address climate change and limit greenhouse gas emissions from the industrial sector
  • Defending Clean Air Act and Resource Conservation Recovery Act investigations and enforcement proceedings
  • Federal litigation involving environmental and land management statutes
  • Environmental compliance and permitting
  • American Indian Law
CLIENT RESULTS

Client Results

  • Represent mining companies in state and federal efforts to adopt and implement greenhouse gas cap-and-trade programs.

  • Represent an oil and gas company in environmental litigation involving the Department of the Interior Bureau of Ocean Energy Management and National Oceanic and Atmospheric Administration regarding offshore development.

  • Represent an offshore wind project developer before the Department of the Interior Bureau of Ocean Energy Management and National Oceanic and Atmospheric Administration.

  • Routine compliance counseling on federal election law requirements and defense of Federal Election Commission enforcement inquiries.
  • Work with the Bureau of Indian Affairs on mineral and business lease assignments.

  • Represented industrial mineral, coal, and precious metals mining companies on regulatory matters before the Department of the Interior and Environmental Protection Agency.

  • Negotiated a first of its kind Clean Air Act settlement for an oil and gas producer.

  • Successfully resolved a Resource Conservation & Recovery Act enforcement action against a mining company.

  • Led the donation of mineral lands to the National Park Service.

  • Represented a hazardous waste treatment, storage, and disposal company in a Clean Air Act enforcement action.

  • Developed and implemented a successful legislative strategy to secure Congressional authorization of a three-party land exchange resolving a long-standing tribal land claim.

  • Successfully convinced the Bureau of Land Management that the agency had the legal authority to allow the on-site use of mine waste methane.
PRACTICES

Practices

Environmental and Natural Resources
Environmental Compliance and Enforcement
Government Affairs
NEPA, Public Lands, and Cultural Resources
INDUSTRIES

Industries

Energy and Resources
Mining
Oil and Gas
Electric Power
NEWS AND INSIGHTS

News

Kelly Johnson Quoted in E&E News on "5 priorities for Todd Kim, the new head of DOJ environment", 07/28/2021
Kelly Johnson Quoted in S&P Global on the DOLs 1st 100 Days Focus on Promoting Wind, Targeting Oil & Gas, 05/04/2021
Bloomberg Law Quotes Kelly Johnson on Biden Administration Environmental Litigation Tasks, 04/20/2021
E&E News Quotes Kelly Johnson on Prospects for new DOJ Office of Environmental Justice, 03/30/2021
Kelly Johnson is Quoted in Bloomberg Law and E&E News Discussing Biden's DOJ Environment Pick, 03/16/2021
Bloomberg Law Quotes Kelly Johnson on DOJ's Swift Elimination of Trump-era Environmental Policies, 02/05/2021
E&E News Quotes Kelly Johnson on Biden's Plans for Governmentwide Approach to Climate and Environmental Justice, 01/28/2021
Kelly Johnson Shares Insights with Law360 on Energy Regulation and Legislation to Watch in 2021, 01/03/2021
Kelly Johnson is Quoted in S&P Global Discussing Prospects for Carbon Capture Initiative With New Senate Energy Committee Leaders, 11/19/2020
Kelly Johnson Discusses with Law360 Environmental Policy Changes Expected with Biden Administration, 11/18/2020
Kelly Johnson is Quoted in S&P Global Discussing Dynamics in Divided Congress that May Provide Stability for Oil and Natural Gas Industry, 11/17/2020
Kelly Johnson is Quoted in E&E News on Likely Changes to DOJ Environmental Enforcement Under Biden, 11/12/2020
Kelly Johnson is Quoted in Bloomberg Law Discussing Possible ENRD Policy Reversals Under New Biden Administration, 11/09/2020
Kelly Johnson Discusses with S&P Global how Political Polarization May Create Regulatory Uncertainty and Impact the US Energy Industry , 10/23/2020
Kelly Johnson is Quoted in S&P Global Discussing Climate and Clean Energy Proposals Post-Election, 10/14/2020
Kelly Johnson is Quoted in Bloomberg Law Discussing Bipartisan Energy Innovation Package, 09/24/2020
Kelly Johnson is Quoted in Law360's "EPA's Guidance Rule Improves Access But Creates Questions", 09/14/2020
Kelly Johnson Discusses CA District Court's Ruling Against Trump Administration Elevating Debate on Climate Metric in Bloomberg Law, 07/20/2020
Kelly Johnson is Quoted in Law360's "Energy Regulation And Legislation To Watch In 2020", 01/01/2020
Kelly Johnson Discusses What Attorneys Need To Know About Trump's California Grudge Match in Law360, 09/27/2019
Kelly Johnson Quoted in E&E News Article "Former BP lawyer starts as DOJ environment chief", November 2018
Kelly Johnson Quoted in E&E News Article "Stand-in DOJ environment boss reflects on unplanned tenure", October 2018
Kelly Johnson Quoted in Law360 Article "EPA Cost-Benefit Review Signals Big Concessions To Industry", June 2018
Kelly Johnson Named Administrative Partner of Holland & Hart's Washington, D.C. Office, 04/26/2018
Kelly Johnson Quoted in Law360 Article "EPA Dodges Trump's Budget Ax, For Now", May 2017

Publications

"Bipartisan Infrastructure Bill Invests Billions in CCUS," Holland & Hart News Update, Co-Author, 11/19/2021
"Will Congress Recast the Economics of Renewable Energy Project Development and Investment?," Holland & Hart News Update, Co-Author, 03/31/2021
"Update on PFAS Developments and Enforcement," Holland & Hart News Update, Co-Author, 06/11/2020
"The Opportunity to Trump Obama's Environmental & Energy Agenda," The University of Texas School of Law 39th Annual Corporate Counsel Institute, May 2017

Speaking Engagements

"A Tale of Two Environmental Agendas: Preparing for 2021," Industrial Minerals Association – North America Webinar, Fall Meeting, September 2020
"Best Laid Plans – Water Quality Challenges During and Following Reclamation," American Exploration & Mining Association Annual Meeting, December 2019
"Trump's Environment, Energy & Resources Agenda," Moderator, 27th Fall Conference, American Bar Association Section on Environmental, Energy and Resources Law, September 2019
"What to Expect in the 116th Congress," Utah Legislative Preview, Salt Lake City, Utah, January 2019
"Keynote Address Panel Moderator with Trump Administration Officials," Fall Conference, American Bar Association Section of Environment, Energy, and Resources, San Diego, California, October 2018
"2017 Review of Federal Environmental Requirements Impacting the Mining Industry," 2017 IMA-NA Annual Meeting, Washington, DC, September 2017
"Trump's Energy & Environment Agenda: The View from Washington, D.C.," Treasure State Resources Association 41st Annual Meeting, Fairmont, MT, June 2017
"President Trump's First 100 Days in Energy – Elections Do Matter," Utah Association of Energy Users 32nd Annual UAE Conference, May 2017
"The Opportunity to Trump Obama's Environmental & Energy Agenda," The University of Texas at Austin School of Law 2017 Corporate Counsel Institute, May 2017
EDUCATION AND ADMISSIONS

Education

Indiana University School of Law
J.D., 1990
  • magna cum laude
  • Order of the Coif
Indiana University School of Public and Environmental Affairs
M.P.A., 1990
  • Environmental Policy
Cook College - Rutgers University
B.S., 1986
  • High Honors
  • Alpha Zeta Honor Society

Bar Admissions

Colorado
District of Columbia
Pennsylvania
RECOGNITION

Recognition

  • Washington DC Super Lawyer®, Energy & Natural Resources
PROFESSIONAL AND CIVIC AFFILIATIONS

Professional and Civic Affiliations

  • American Bar Association, Section of Environment, Energy and Resources
  • Indiana University, School of Public and Environmental Affairs, Distinguished Alumni Counsel, 2013-2019
  • District of Columbia Bar, Environment, Energy, and Natural Resources Section Steering Committee, Co-Chair, 2008-2010
DISCLAIMER

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