We are more than just lawyers.
At Earth & Water, we are more than just lawyers – we’re strategic advisors who advance our clients’ interests across a broad range of environmental and business interests. We are passionate about who we are, what we do, and the clients we serve. And we believe in big visions and big solutions without big legal bills.
We believe in employing strategic, forward-looking approaches to solve emerging legal and policy issues that pose both potential liabilities and opportunities. We take great pride in understanding our clients’ businesses intimately and helping craft winning solutions, whether it’s creating a simple legal document or developing a comprehensive plan to integrate sustainability across your operations. We have an array of clients, ranging from local governments and ad hoc groups to corporate startups and multinational corporations. Our experience informs us that regardless of who you are or where you come from up-front coordination with government agencies, industries, and e-NGOs will more often than not achieve favorable results without resorting to contentious and costly legal battles. And, while we believe firmly in putting collaboration ahead of litigation, we will vigorously defend our clients and their positions when called upon to do so.
With over 35 years of Washington, DC policy and law experience involving the environment, energy, and sustainability fields, Alex has a deep understanding of the role and integration of government and business solutions.
Over his career, Alex has held distinguished positions in federal and state government, corporate America, and non-profits. His most recent public service was at the Department of Defense (2004-2009) where he served as Assistant Deputy to the Deputy Under Secretary for Environment, Safety and Occupational Health, then Principal Deputy to the Deputy Under Secretary for Installations Environment and the Department’s first Chief Sustainability Officer.
Alex has an A.B. from Princeton University, Woodrow Wilson School of Public and International Affairs and a J.D. from the University of Virginia School of Law. (Licensed in MD, DC and VA – inactive)
During his tenure at DOD, Alex was responsible for increasing DOD’s green product procurement and served on the Defense Science Board’s Task Force on Energy Security and the Energy Security Policy Executive Committee. He also oversaw the development of strategic partnerships with states, federal agencies, and NGOs to sustain the Department’s water resources, particularly in the Chesapeake Bay Region.
Previously, Alex also served as a Senior Trial Attorney in DOJ’s Environment and Natural Resources Division, EPA Special Assistant, VP of Environmental Programs at the Charles G. Koch Charitable Foundation, Director of Environmental and Regulatory Affairs at Koch Industries, and Counsel on the Senate Judiciary Committee. Alex serves on numerous boards, including the Alliance for the Chesapeake Bay (chair emeritus), Resources First Foundation, and the Advisory Committee of New Course, a non-profit organization strategically targeting humanitarian and development assistance to self-help women.
Randy has decades of experience in the environmental field and is a highly regarded lawyer and thought leader in Washington D.C. circles.
He began his legal career as an Attorney Advisor to the U.S. EPA’s Assistant Administrator for Water where he advised senior management on controversial issues and key policy and legislative issues related to the Clean Water Act, specifically, and other water issues as well. As a former partner at Dewey & LeBoeuf and Winston & Strawn he worked on complex cases involving Fortune 500 corporations, municipal governments, non-profits, trade associations, federal agencies and Congress, and had great success reconciling diverse stakeholder interests and negotiating settlements in nationally significant, complex cases.
Randy received his B.A. (magna cum laude) and J.D. from Duke University. (Licensed in DC, active, and NC, inactive)
He serves or served as a Member on the President’s Council, Common Cause, a founding Board Member and Executive Committee Member of the U.S. Water Alliance, Advisory Board Chairman of Love Thy Neighbor, Board and Assembly Member of the Interfaith Conference of Metropolitan Washington, DC, Board Member of the Coalition to Stop Gun Violence, Board member of the Duke Islamic Studies Center, and Board Member of the Wildlife Alliance.
Michael Curley has spent the majority of his career in project finance and the last 25 years in environmental project finance.
He has also published over 40 articles and is a member of the American Society of Journalists and Authors and the National Press Club. Michael was appointed to the Environmental Financial Advisory Board at the U.S. EPA in 1990, where he served for 21 years under four Presidents. Over the past 20 years, he has taught environmental finance and law at the Johns Hopkins and George Washington Universities as well as Vermont Law School. He founded the Environmental Finance Centers at the University of Maryland, Syracuse University and Cleveland State University.
Michael has a J.D. from University of Buffalo Law School. (Licensed in NY)
In New York in the early ‘80’s, Michael raised the venture capital for, founded, and served as president and CEO of the third financial guaranty insurance company in the world. He sold the company to the Hong Kong Shanghai Bank. He was also a partner at the New York City law firm of Shea & Gould, and previously served as the Deputy Secretary and General Counsel of the New York State Department of Economic Development.
As Michael moved into environmental finance, he completed a ten-year, $3 million, assignment for the U.S. EPA where he developed national municipal bond banks for water, wastewater, district heating and other municipal infrastructure for both the Russian Federation and for Ukraine, designed a revolving fund for safe drinking water for the Ministry of the Environment in the Republic of Georgia and built fifteen rural water systems and developed the national model for rural water finance in the Republic of Kazakhstan.
Earth & Water Group Founder, Brent Fewell, has over 25 years of experience in public policy, advocacy, and environmental law.
As an environmental lawyer and former corporate executive and senior U.S. EPA official in EPA’s Offices of Water and Congressional and Intergovernmental Relations, Brent brings a wealth of knowledge and unique perspective to his clients in navigating the regulatory and political arenas in Washington DC. As a highly regarded thought leader on environmental policy and governance matters, his counsel and opinions are sought out by corporate and government leaders around the globe. Brent brings unparalleled energy and passion to the issues in a way that few do to help his clients navigate in an increasingly complex and nuanced regulatory environment.
Brent received his B.S. in Wildlife Management from the University of Maine (high distinction), a Masters in Environmental Management from Duke University, and J.D. from Duquesne University School of Law. (Licensed in PA and DC)
Brent got his professional start as a environmental scientist in Raleigh, NC where he prepared NEPA documentation (EIS/EA/FONSIs) for his construction clients and helped others with obtaining Section 404 and 402 CWA permits. He went on to join McLaren/Hart Environmental Engineering in Pittsburgh, PA where he focused on EHS compliance auditing, transactional due diligence, and the cleanup of contaminated Brownfields and CERCLA sites.
Prior to Earth & Water, Brent served as the Principal Deputy Assistant Administrator in U.S. EPA’s Office of Water in Washington, DC (2004-2007), where he oversaw the nation’s drinking water and surface water programs. During that time, he also served as the Acting Associate Administrator for the Office of Congressional and Intergovernmental Relations where he helped manage the agency’s relationship with members of Congress and state and local leaders. He subsequently served as the Sr. Vice President for Environment, Health & Safety at Suez Environnement where he managed day-to-day regulatory compliance for SE’s U.S.-based subsidiary, United Water. Brent has practiced law at Jones Day, Hunton & Williams and, most recently was a Partner with the law firm of Troutman Sanders.
Over his career, Brent has been involved in some of the nation’s largest environmental cleanups and significant matters arising under CERCLA and the Clean Water Act, including complex civil and criminal investigations, cost-recovery, permit challenges and appeals, policy development and rule-makings. He has been deeply involved in helping to establish and advise his clients on emerging environmental markets to promote environmental restoration. As a former corporate executive, Brent advises his clients on corporate governance, enterprise liability management, compliance programs, auditing and internal investigations, and sustainable practices to manage reputation and brand identity. Brent serves on a number of boards, including the Alliance for the Chesapeake Bay and Wine to Water, a non-profit committed to providing global access to clean water to those in need. In 2012, Brent also established the blog, www.conservefewell.org, to promote conservation and change the political dialogue on environmental stewardship.
Presentations and Speaking Engagements
- Speaker, The Journey Toward Effective Compliance, Dallas, TX, Oct. 12, 2016.
- Speaker, Addressing the Challenges of Aging Water Infrastructure: The Road Forward, Eco SXSW Sustainability Conference, Austin, TX, Oct. 11, 2016.
- Moderator, Moving Forward Public-Private Partnerships, National Association of Water Companies, Annual Conference, San Diego, CA, Oct. 4, 2016.
- Moderator, Role of Public-Private Partnerships in the Water Sector, P3 Joint E&W and Reason Foundation Roundtable, Staff Briefing, U.S. House of Representatives, Sep. 26, 2016.
- Speaker, Conservation 2.0: Regulations Alone Won’t Fix a Broken Earth, Sand County Foundation, Innovations on the Land Conference, Santa Barbara, CA, Aug. 9, 2016.
- Speaker, Financing Total Water Solutions in the 21st Century, American Water Works Association, ACE Annual Conference, Chicago, IL, June 21, 2016.
- Speaker, From Worker Safety to Volkswagen and Flint: Enforcement Trends and Compliance Tips, E&W Roundtable, Washington DC, June 9, 2016.
- Speaker (webinar), The Failure of Cooperative Federalism in Flint Michigan: Implications for EPA Oversight, National Association of Clean Water Agencies, Hot Topic Series, March 16, 2016.
- Speaker, “Redefining ‘Waters of the U.S.’: What Are the Implications?”, 14th Annual Georgia Water Law and Regulation, February 27, 2015.
- Moderator, P3’s and Private Capital in the Water Sector: Moving the Ball Forward, GW University, Feb. 18, 2016.
- Speaker, “Redefining ‘Waters of the U.S.’: What Are the Implications?”, 14th Annual Georgia Water Law and Regulation, February 27, 2015.
- Speaker, “Innovations in Public-Private Water Infrastructure”, The American Bar Association’s Section on Environment Energy and Resources, January 15, 2015
- Presenter, “Water Trading: New and Emerging Opportunities to Improve Water Quality at Reduced Costs,” Bloomberg BNA Webinar, November 13, 2014.
- Speaker, Mission H2O Annual Meeting, “Potential Impact of Recent Spills in WVA and NC on Federal and Virginia Regulatory Program,” June 2014.
- Facilitator, “The Northwest Experience with Water Quality Trading for Compliance”, U.S. Water Alliance, Washington D.C., April 8, 2014.
- Testimony Of Brent Fewell, on Behalf of the National Water Quality Trading Alliance, Before The Subcommittee On Water Resources and Environment of the Committee on Transportation and Infrastructure, U.S. House Of Representatives, March 2014.
- Testimony Of Brent Fewell, on Behalf of United Water and National Association of Water Companies, Before the Senate Environment and Public Works, Subcommittee on Water and Wildlife, U.S. Senate, February 2014.
- Interviewed, National Public Radio (NPR), “Drinking Water Not Tested for Tens of Thousands of Chemicals,” January 24, 2014.
- Speaker, Water and Wastewater Policy Forum on Capitol Hill, presentation on status of international water aid, Jan. 2014.
- Presenter, How to Manage a Compliance Program During a Complex Criminal Enforcement Matter, presentation to CEEC, Dec. 2013.
- Speaker, American Bar Association, Section of Environment, Energy and Resources, presentation on status of EPA water policies and regulations, Oct. 2013.
- Speaker, National Auditing Roundtable, Fall National Meeting, “Learning from the Best”, presentation on compliance auditing, Oct. 2013.
- Speaker, American Water Works Association, Annul Conference, presentation on removing barriers to water innovation and innovation financing, June 2013.
- Speaker, Horinko Group, Fourth Annual Summit, The Next Generation of Environmental Compliance and Enforcement, Oct. 2012.
- Speaker, Environmental Council of States, “Future of Water Infrastructure Financing,” Aug. 2012.
- Speaker, Water Infrastructure Summit, Leveraging Data to Create a Paradigm Shift from Reactive to Proactive Utility Management, May 2012.
- Presenter, Horinko Group, Executive Salon, “Financing Water Infrastructure through Public-Private Partnerships: Finding the Right Model,” April 2012.
- Presenter, Clean Water Act at 40, George Washington University Law School Symposium, Role of Private Water Infrastructure, March 2012.
- Speaker, National Auditing Roundtable, Annual Conference, “Rethinking the Role of Environmental Counsel in Environmental Auditing,” Jan. 2012.
- Speaker, Horinko Group, Annual Summit, “The Business of Water,” presentation on water asset management and benefits of public private partnerships, Oct. 2011.
- Speaker, U.S. Conference of Mayors, Taking Community Action on Pharmaceuticals and Personal Care Products in Public Water Supplies, Oct. 2011.
- Speaker, Symposium on Water and Economics, presentation to the Water Policy Institute, Oct. 2009.
- Speaker, Clean Water Regulations: Federal Regulatory Trends Affecting NPDES Holders, presentation to the Southeastern Electric Exchange, Annual Conference, June 2008.
- Speaker, Federal Regulation of Water Transfers, presentation to the Federalist Society, Birmingham, Alabama, Chapter, April 2008.
- Speaker, Carbon Capture & Sequestration: Options for Risk Mitigation, presentation to Gasification Technologies Council, Feb. 2008.
- Speaker, West Virginia 2008 Annual Mining Symposium, presentation on Section 404 Wetlands Jurisdiction post-Rapanos, Jan. 2008.
- Speaker, The Clean Water Act: is it applicable to water transfers?, presentation to the Western Water Law Conference, Sep. 2007.
- Testimony Of Brent Fewell, Principal Deputy Assistant Administrator For Water, EPA, Before The Subcommittee On Energy and Mineral Resources of the Committee on Resources U.S. House Of Representatives, Good Samaritan Clean Watershed Act (S. 2780 and H.R. 5404), July 2006.
- Over 50 speeches and keynote addresses on various water issues while at EPA, Sep. 2004 – March 2007.
- Speaker, Legal Ramification of TMDLs and Watershed Policies, presentation to the Pittsburgh Section of American Society of Civil Engineers, Environmental Water Resource Institute, Nov. 2003.
- Speaker, Pitfalls of OSHA’s Hazard Communications . . . You Think You Comply But OSHA Does Not, presentation to the 12th Annual Ohio OSHA Conference, Oct. 2002.
- Speaker, Status of DEP’s Wellhead Protection Program, presentation to the Air & Waste Management Association, Jan. 2001.
- Speaker, What is DEP’s Wellhead Protection Program?, presentation to the Allegheny County Bar Association’s Environmental Law Section, Nov. 1999.
- Author, “Fewell’s Focus: Markets & Bold Action,” Water & Wastes Digest, Online, November 6, 2015.
- Author, “Fewell’s Focus: Carrots & Sticks,” Water & Wastes Digest, Online, September 11, 2015.
- Contributor, “Trading to achieve compliance cost effectively”, World Water Stormwater Management, World Environment Federation, April/May 2015.
- Co-Author, BNA Insights, Water Law & Policy Monitor, ”Water Quality Trading to Help Accelerate Restoration of U.S. Impaired Waters,” July 24, 2014
- Co-author, Environmental Compliance and Commitment From the Top, Corporate Counsel, March 17, 2014.
- Co-author, Elements Affecting the Water Sector of Water Quality Trading – Point Sources and Nonpoint Sources, Chapter 2 of Water Quality Trading, WEF, Feb. 2014.
- Quoted, Water and Wastes Digest, “Transparent Waters,” September 2013.
- Co-Author, WaterWorld, “Water Company Implements Information Management System,” September 2012
- Quoted, WaterWorld, “Economy Weighs Heavy on Municipal Water Market,” April 2011.
- Quoted, Ecosystem Marketplace, “ Dual Lawsuits Threaten Innovative Water Quality Programs Across U.S.,” March 2011.
- Author, Point-Counterpoint, Repairing the Clean Water Act. Federalist Society. Engage, Vol. 10, Issue 2, July 2009.
- Co-Author, Navigating EPA’s Vessel Discharge Program, Federalist Society, Engage, Feb. 2009.
- Co-author, Water Quality Trading for Municipal Authorities, Water Environment & Technology Vol. 19, No. 10, Oct. 2007.
- Co-author, NEPA Scope of Analysis in the Federal Permitting Context: The Federal Tail that Risks Wagging the Non-Federal Dog, Engage: The Journal of the Federalist Society’s Practice Groups, Volume 8, Issue 3, June 2007.
- Author, EPA’s Water Quality Trading Policy — Is a positive step for the environment, The Legal Intelligencer, April 2003.
- Author, Environmental Consultants Accountable to the Law, Feature Article in the Zephyr, Allegheny Mountain Section of the Air & Waste Management Association, April 2002.
- Author, Up a Dirty Creek Without a Paddle: getting your pollution budget to pass the bar, The Legal Intelligencer, April 2002.
- Author, What Can Be Expected From Whitman’s EPA? EM Magazine, April 2001.
- Author, DEP’s TMDL Program — A Watershed Event, PBA Environmental, Mineral and Natural Resources Law Section Newsletter, March 2001.
- Author, Federal Government Loses Authority to Regulate Millions of Acres of Private Property: A review of the U.S. Supreme Court’s SWANCC decision, White Paper, Feb. 2001.
- Author, Who Will Win in 2000: Gore, Bush . . . the Environment? EM Magazine, Sep. 2000.
- Author, EPA Promotes Total Maximum Loading Initiative, The Lawyers Journal, July 2000.
- Author, Decision Could Limit EPA’s Power Over States: Eighth Circuit holds EPA exceeded authority for “overfiling,” The Lawyers Journal, Dec. 1999.
- Author, PA’s Growing Greener Initiative Pledges $1.3 Billion: Ridge proposes “smart growth” to counter urban sprawl, The Lawyers Journal, July 1999.
- Author, EPA Approves Pennsylvania’s Wellhead Protection Program, The Lawyers Journal, June 1999.
Professional and Community Involvement
- Board of Directors, The Alliance for the Chesapeake Bay (Sep. 2015 – present)
- Board of Directors, Wine to Water (Oct. 2015 – present)
- Editorial Writer, Water and Waste Digest (April 2015 – present)
- Board of Directors, U.S. Water Alliance, and Chair of Business Advisory Council (Feb. 2010- Oct. 2015)
- Board of Directors, Water Resources Action Project (2014-2015)
- Senior Contributor to Water World’s Advisory Committee (2010-2014)
- Co-chair, The Federalist Society, Environmental Executive Committee, Wetlands and Endangered Species Subcommittee (2002-present)
- Earth & Water Law, Chairman and Founding Partner, 2016-present
- Partner, Troutman Sanders LLP, 2014-2016
- Senior Vice President, Environment, Health and Safety and Chief Environmental Officer, United Water Inc., 2009-2014
- Counsel, Hunton & Williams LLP, 2007-2009
- Principal Deputy Assistant Administrator, Office of Water, U.S. Environmental Protection Agency, 2004-2007
- Associate, Jones Day LLP, 1998-2004
- Law Clerk to Federal Magistrate Judge Francis X. Caiazza, United States District Court, Western District of Pennsylvania, 1997-1998
Ken provides business development, federal relations, and organizational management counsel to companies, NGOs, and trade associations primarily involved in the water, health care, energy, and sustainable infrastructure arenas. A highly regarded professional in the strategic development and operational aspects of for-profit and not-for-profit entities and their programs, Ken has worked with numerous organizations in the U.S., Europe and Asia. His years in Washington have included the establishment and maintenance of political action committees and advocacy vehicles for various sized organizations and interests. Ken is the former Director of International Programs and Business Development for the Water Environment Federation, one of the world’s largest water and environment-focused associations. Previously, he served as the Associate Director of Public Affairs, International Programs and Governance for the Society of Nuclear Medicine, one of the leading medical associations of its kind in the United States. In the corporate sphere, Ken has multi-year experience from serving as senior level legal support staff for two multinational law firms, a large investment bank, and a large private equity fund.
Ken is a graduate of American University in Washington, D.C.
Ken’s public service includes an appointment at the start of President Clinton’s first term of office as Special Assistant to the Cabinet Secretary, with responsibility for establishing and maintaining operations of the Office of Cabinet Affairs in the West Wing. His years of coalition and advocacy service includes functioning as the principal representative for various NGOs involved in economic and environmental policy development/implementation at the United Nations, the World Economic Forum, the World Business Council for Sustainable Development, and Stockholm International Water Institute.
Rick has successfully managed complex public policy issues for over 30 years. He is a nationally recognized expert in the federal rulemaking process and has the demonstrated ability to use analytic skills, negotiate under pressure, build consensus, and create strategies needed to prevail in difficult, often politically contentious circumstances.
Rick recently helped create the Reduce Risks of Invasive Species Coalition, a non-profit dedicated to promoting non-regulatory solutions to the economic, environmental, and public health risks posed by invasive species. In addition, Rick has been developing an academic research exchange program between the U.S. and China under the auspices of the Environmental and Energy Management Program at George Washington University. He was also recently an early investor, Board Member, and CFO of a software startup in the text analytics space.
Rick holds a BA from Ithaca College and an MBA from The Johnson School at Cornell University.
Rick served as the Deputy Associate Administrator for EPA’s Office of Policy, Economics, and Innovation where he was part of the Administrator’s senior management team responsible for the agency’s policy, rulemaking, and innovation activities. In a prior role as the Deputy Assistant Administrator for EPA’s Office of Environmental Information, Rick was responsible for the Agency’s efforts to expand electronic government services as a new mechanism for achieving the agency’s mission, including shifting the public notice and comment activities of the agency’s software and paper-based systems to a single web portal at www.regulations.gov.
Rick has also served as the senior federal affairs official of the American Plastics Council, Congressman Fred Upton’s lead staff for the Oversight Subcommittee of the House Energy and Commerce Committee, a regulatory consultant to clients of the Jefferson Group, and a regulatory analyst in the Executive Office of the President’s Office of Information and Regulatory Affairs.
He currently serves on the Board of Distinguished Advisors for the Environment and Public Health Network of Chinese Students and Scholars and the Classic Yacht Restoration Guild.
As a former senior EPA enforcement official, Doug has extensive experience and a unique perspective on the enforcement of our nation’s environmental laws. He serves clients by providing strategic direction in the areas of corporate and individual risk, crisis mitigation and environmental compliance. His experience as a special agent with EPA’s Criminal Investigation Division (CID) for 24 years, including the last four years as CID’s Director provides a unique lens and series of insights for companies addressing their internal operations or who may be facing scrutiny from the government, NGOs or the public.
While overseeing criminal cases ranging from the Deepwater Horizon investigation to the recent Volkswagen defeat device case, as well as the agency’s enforcement initiatives in the renewable fuels sector, Doug worked extensively with EPA’s civil enforcement program and the Department of Justice to set and execute national enforcement policy. He also served as EPA’s primary spokesperson on criminal matters with the media and Capitol Hill. This experience allows him to deliver exceptional understanding of the federal government and environmental policy space for companies seeking to navigate this area of public policy or for those seeking subject matter expertise in the environment and natural resource policy area.
Doug holds a B.A. from Colby College, Maine, and a M.A. in Public Policy from Georgetown University, Washington DC.
As the former Director of EPA’s Criminal Investigation Division (CID), Doug oversaw a nationwide team of special agents and criminal analysts who were tasked with investigating of the most serious environmental crimes affecting the American public, its environment and United States commerce. In his role as Director, he set the strategic direction of CID, oversaw the agency’s criminal investigations and coordinated senior level investigative matters with DOJ and a broad group of law enforcement and regulatory partners. While serving as a senior executive in the agency’s enforcement program he was responsible for briefing senior agency management and senior staff on Capitol Hill, and he served as the primary media spokesperson for the agency on criminal matters appearing on CNN, National Public Radio, as well as in The New York Times and numerous trade publications. Doug also worked closely with the Federal Bureau of Investigation, the Department of Homeland Security and various state law enforcement and environmental agencies in carrying out national enforcement and homeland security priorities. He was involved in overseeing investigative responses to some of the nation’s most prominent environmental matters, including the Flint, MI water crisis, major industrial explosion (such as the Chevron-Richmond refinery), and the Duke Energy and TVA coal ash discharge investigations.
Lindene Patton is a strategic leader with broad range of experience in the financial services and data analytics industries. As a practicing attorney and advisor, she has developed a myriad of transactional and programmatic solutions for clients in multiple countries involving complex risk management; compliance; insurance; financial assurance; applied analytics, data privacy; sustainability; natural resource management and resilience tools and techniques.
Her specialized expertise combining business, science, technology and the law is particularly well suited to assisting customers in highly regulated industries including but not limited to banking, insurance, waste treatment and management, mining, and oil and gas. She has a deep understanding of the business of (re)insurance, the business of software as a service; the business of data, analytics and related hardware and cloud based business models; and many of their associated customer businesses.
Lindene is an attorney licensed in CA and DC and an American Board of Industrial Hygiene-Certified Industrial Hygienist. She holds a B.S. in biochemistry from the University of California, Davis; a Master of Public Health from the University of California, Berkeley; and a J.D. from Santa Clara University School of Law.
Lindene currently serves on the Chair of the Board of Advisors for the National Institute of Building Sciences Council on Finance, Insurance and Real Estate (CFIRE). Ms. Patton is an advisory board member for the University of California at Santa Barbara’s Bren School of Environmental Science and Management. Ms. Patton has served multiple board appointments including to the National Academy of Science; World Economic Forum Global Advisory Councils; Executive Secretariat of the U.S. Department of Commerce National Climate Assessment, the U.S. EPA Environmental Financial Advisory Board.
Before consulting, Ms. Patton served as Group Head of Hazard Products for Corelogic; Chief Climate Product Officer for Zurich Insurance Group; SVP / Counsel Zurich North America Specialties; VP / Counsel Willis; and Associate General Counsel Emcon. She has testified in both the U.S. Senate and U.S. House of Representatives.
Mary Ellen Ternes has long been recognized nationally in the fields of chemical engineering and environmental law and advocacy, with over 30 years of experience where those fields intersect in energy, manufacturing, air quality, hazardous waste management, infrastructure and disaster response.
As an environmental lawyer and former U.S. EPA emergency responder, U.S. EPA hazardous waste incineration permit writer, corporate hazardous waste incineration compliance manager, and law clerk for EPA’s Office of General Counsel, and then over twenty years as environmental counsel, Mary Ellen draws on her in depth technical, chemical engineering and field experience in the most complex and technically challenging EPA regulatory, emergency response and site remediation programs. Her rare experience brings uncommon insight to environmental challenges and practical solutions for corporate and government entities, as well as critical litigation support especially important in a dramatically evolving regulatory landscape in the context of adaptation challenges, where fundamental concepts are being reconsidered and litigation may play a more important role.
Mary Ellen began her career as a chemical engineer in the U.S. EPA’s Superfund Emergency Response Program as an On-Scene Coordinator where she responded to emergency releases of hazardous chemicals as the “commander on the scene.” Trained and charged by EPA Region 6 with emergency field response, Mary Ellen characterized root cause, extent and fate of hazardous chemical releases, design and implement removal and remedial actions for uncontrolled hazardous waste sites all over EPA Region 6, including hazardous waste sites and remedies for projects like the Vertac on-site dioxin incineration remedy. After several years in the field, she moved to RCRA, becoming EPA Region 6 hazardous waste incineration RCRA Subpart O permit writer, leading EPA’s national RCRA permit writer workshops. She left EPA joining regulated industry to manage the hazardous waste, air and TSCA programs for ENSCO, a commercial hazardous waste incineration facility, where she was responsible for all permitting, compliance demonstrations and enforcement. Through her work with ENSCO’s attorneys, and chairing the Permitting Committee for the Hazardous Waste Treatment Council (predecessor to the Environmental Technology Council), Mary Ellen became interested in environmental law, particularly the Clean Air Act, due to her incineration and air pollution control experience. While serving as an advisory expert in the litigation surrounding the Vertac on-site incineration project, Mary Ellen met the EPA’s Office of General Counsel staff, and later clerked for EPA’s OGC Air and Radiation Division, where her experience confirmed her decision to change careers from chemical engineering to environmental law.
For more than twenty years now, Mary Ellen has focused her law practice on environmental law, including environmental permitting, compliance strategies, enforcement defense, with remediation, and state and federal litigation especially citizen suits, as well as corporate disclosures and transactional matters. With a background in chemical engineering and hazardous waste remediation and combustion permitting, Mary Ellen particularly enjoys developing corporate compliance strategies and solving specific process based challenges in complex air and hazardous waste operations, permitting, regulatory interpretation and applicability, compliance strategies, enforcement resolution including developing rigorous defenses to civil and criminal enforcement and litigation. Mary Ellen also has a very active transactional and voluntary cleanup practice, counseling clients regarding “All Appropriate Inquiry,” post-closing duties and disclosures.
With her unique combination of work experience, training and education in the fields of engineering and law, Mary Ellen has served in various leadership and liaison roles between the engineering community, the American College of Environmental Lawyers, and the American Bar Association to better integrate law and policy with science and engineering. She is a frequent author and speaker particularly as it relates to improving applied science-based environmental policy.
Since its debut in 2004, the International Who’s Who of Environment Lawyers has named Mary Ellen to its prestigious list of pre-eminent environmental lawyers worldwide each year. In 2008, Mary Ellen was granted early election as a fellow of the American College of Environmental Lawyers, a professional association of private and public sector environmental lawyers recognized by their peers as pre-eminent in their field. Her achievements have also earned her inclusion in Chambers USA Guide to America’s Leading Lawyers for Business, The Best Lawyers in America (environmental law; environmental litigation) and Oklahoma Super Lawyers, in which she was named to its list of “Top 25 Women Oklahoma Super Lawyers.” She was also named “Best Lawyers‘ 2011 and 2016 Oklahoma City Environmental Lawyer of the Year,” an honor only given to a single lawyer in each legal specialty in each community.
Presentations and Speaking Engagements
- Plenary Speaker, Adjusting to EPA Policy Changes with the New Trump Administration, American Institute of Chemical Engineers, March 1, 2017 Midwest Regional Conference, Chicago, IL
- Speaker, Climate Change Policy Post 2015 Paris Agreement, American Institute of Chemical Engineers 2016 Annual Meeting, November 16, 2016, San Francisco, CA
- Speaker, Corporate Drivers Toward Sustainability: Carrots & Sticks, American Institute of Chemical Engineers, 2016 Annual Meeting, November 16, 2016, San Francisco, CA
- Host and Facilitator, AIChE San Francisco Area Climate Adaptation Workshop, American Institute of Chemical Engineers, 2016 Annual Meeting, November 15, 2016, San Francisco, CA
- Speaker, AIChE and Resilient Climate-Change Responses, American Institute of Chemical Engineers (AIChE) 2016 Annual Meeting, November 13, 2016, San Francisco, CA
- Speaker, Environmental Law: Oil and Gas Hot Topics, Oklahoma City Mineral Lawyers Society, October 2016
- Moderator, Climate Change – Adaption in the Flesh, American College of Environmental Lawyers (ACOEL) 2016 Annual Meeting, October 27, 2016, New Orleans, LA
- Speaker, Environmental Law: Smart Business Strategies, American Bar Association Business Law Section, August 25, 2016
- Speaker, EPA Regulation of RCRA Exempt Oil and Gas Exploration and Production Derived Solid Waste, Oklahoma Corporation Commission Desk Sessions, August 2, 2016
- Speaker, Webinar: 2015 Year in Review and Beyond, American Bar Association Section of Environment, Energy and Resources, June 30, 2016
- Speaker, Environmental Issues in the Power Industry, American Society of Mechanical Engineers Power & Energy Conference & Exhibition, June 28, 2016, Charlotte, NC
- Speaker, Staying on Track: Environmental Issues for Healthcare Providers, 26th Annual Crowe & Dunlevy Healthcare Update, May 3, 2016, Oklahoma City, OK
- Speaker, Threading the Needle, Crowe & Dunlevy Oil and Gas Upstream Business Risk Management Symposium, April 20, 2016, Cushing, OK
- Host and Facilitator, AIChE Houston Area Climate Adaptation Workshop,” Spring Meeting and 12th Global Congress on Process Safety, American Institute of Chemical Engineers, April 12, 2016, Houston, TX
- Speaker, Sustainability Decisions in a Post COP21 Era, Spring Meeting and 12th Global Congress on Process Safety, American Institute of Chemical Engineers, April 11, 2016, Houston, TX
- Speaker, Management After Operator is Finished with the Water – Subsurface Focus, Water Acquisition and Management for Oil & Gas Development Conference, Rocky Mountain Mineral Law Foundation, April 8, 2016, Houston, TX
- Speaker, Fine Tuning Environmental Diligence in a Dynamic Transactions Market, Bloomberg BNA Webinar, March 24, 2016
- Speaker, Critical Public Policy Issues for Every ChemE: Climate Change, Annual Meeting, American Institute of Chemical Engineers, November 8, 2015, Salt Lake City, Utah.
- Moderator/Speaker, Good Environmental Due Diligence: What Is It, 2015 American Bar Association Business Law Section Annual Meeting, September 18, 2015, Chicago, IL
- Speaker, Hot Topics in Environmental, Energy and Natural Resources Law, American Bar Association Annual Meeting, August 2, 2015, Chicago, IL
- Speaker, Operational Safeguards, Risk Management and Mitigation Strategies, Crowe & Dunlevy’s Avoiding a Shakedown: Induced Seismicity and the Legal, Regulatory and Operational Impacts of Earthquakes in Oklahoma, July 16, 2015, Oklahoma City, OK
- Speaker, Criminal Enforcement of Environmental Law, American Bar Association Business Law Section Spring Meeting, April 18, 2015, San Francisco, CA
- Speaker, A Day in the Life of a Hospital Administrator: Environmental Issues, 25th Annual Crowe & Dunlevy Healthcare Update, April 16, 2015, Oklahoma City, OK
- Moderator, Year in Review 2013: Highlights of Developments in Environment, Energy and Resources Law, American Bar Association Sectiond of Environment, Energy and Resources Webinar, May 13, 2014
- Speaker, Stay Sharp: Looking Beyond Biohazard Exposure Control, Crowe & Dunlevy Healthcare Practice Group Webinar, June 25, 2014
- Speaker, 2014 Environmental Hot Topics, American Bar Association Annual Meeting, August 10, 2014
- Speaker, Hot Topics in Environment, Energy and Natural Resources Law, American Bar Association Webinar, October 30, 2014
- Speaker, Law Student and Young Attorneys Interested in Environmental and Energy Law, American Bar Association Section of Environment, Energy and Resources Forum, October 30, 2014, Oklahoma City, OK
- Moderator & Speaker, Environmental Insurance: Protecting Your Investment, Oklahoma Brownfields Conference, November 5, 2014, Tulsa, OK
- Moderator, BFPP & Continuing Obligations, Oklahoma Brownfields Conference, November 5, 2014, Tulsa, OK
- Speaker, Air Emission Regulation and Shale Development Oklahoma Corporation Commission 2013 Oil and Gas Institute, Tulsa, Oklahoma | October 18, 2013
- Speaker, Shale Gas Environmental Regulation Joseph Priestley Society Lecture Series, Philadelphia, Pennsylvania, October 17, 2013
- Speaker, EPA Next Generation Enforcement Initiative Environmental Federation of Oklahoma 22nd Annual Meeting, Oklahoma City, Oklahoma, October 4, 2013
- Speaker, Introduction to Environmental Law Energy Law Journal Regulatory Workshop, Tulsa, Oklahoma, August 23, 2013
- Speaker, Emission Control and Compliance Issues in the Chemical & Petroleum Industries: EPA’s Next Generation Compliance and Flare Enforcement Initiative, Air & Waste Management Association, 106th Annual Conference & Exhibition, Chicago, Illinois, June 25, 2013
- Speaker, Environmental Compliance Approaches in Manufacturing, and the Future of EPA Enforcement, American Institute of Chemical Engineers 2013 Spring Meeting and Global Congress on Process Safety, San Antonio, Texas | May 1, 2013
- Shale Oil and Gas Q&A Session: Environmental Regulatory and Enforcement Developments, AIChE 2013 Spring Meeting and Global Congress on Process Safety, San Antonio, Texas, April 29, 2013
- Speaker, The Future of EPA Enforcement and EPA’s Flare Initiative 16th Annual A&WMA Gulf Coast Chapter’s Hot Air Topics Conference, Houston, Texas, February 7, 2013
- Speaker, Greenhouse Gas ‘Best Available Control Technology’: Carbon dioxide injection for Enhanced Oil Recovery, 2013 Energy, Utility and Environment Conference, Phoenix, Arizona, January 28, 2013
- Speaker, EPA’s Next Generation Enforcement and Flare Enforcement Initiative, Integrated Environmental Management Consortium, Houston, Texas, January 23, 2013
- Speaker, Regulatory Developments in Air Permitting, Reporting and E&P Waste Policy, Oklahoma City Mineral Lawyers Society, Oklahoma City, Oklahoma, January 17, 2013
- Water Law and Policy: Implications for Water Sourcing in Shale Development, AIChE-A&WMA Joint Workshop: “Shale Oil and Gas E&P – Water Challenges and Opportunities,” Pittsburgh, Pennsylvania, November 1, 2012
- Technology Forcing with Clean Air Act Best Available Control Technology, AIChE Annual Meeting, Pittsburgh, Pennsylvania, October 31, 2012
- EPA’s Clean Air Act Authority to Regulate Greenhouse Gases, AIChE Annual Meeting, Pittsburgh, Pennsylvania, October 29, 2012
- Greenhouse gas update: EPA rule challenges, cap and trade, LCFS, common law litigation and public trust, 20th Section Fall Meeting: The American Bar Association Environment, Energy, and Resources Law Summit, Austin, Texas, October 12, 2012
- EPA Greenhouse Gas Reporting Rule: Lessons Learned, AIChE and the Air & Waste Management Association Webinar, September 12, 2012
- Rethink: Impacts of Social Media, 2012 Oklahoma Brownfields Conference, Oklahoma City, Oklahoma, May 22, 2012
- Shale Development: Air Quality Permitting Challenges and Compliance Strategies, Air & Waste Management Association and American Institute of Chemical Engineers Webinar, May 1, 2012
- Speaker, A Conversation with Mary Ellen Ternes, Energy Law Journal Forum, Tulsa, Oklahoma, April 19, 2012
- Speaker, Climate Change and Greenhouse Gas Regulation Update, 2012 AIChE Spring Meeting and 8th Global Congress on Process Safety, Houston, Texas, April 4, 2012
- Speaker, Environmental Liability: Regulation, Compliance and Litigation Risk, AIChE Spring Meeting and 8th Global Congress on Process Safety, Houston, Texas, April 2, 2012
- Speaker, Carbon, Capture and Sequestration: Regulatory and Policy, Carbon Management Technology Conference, Orlando, Florida | February 8, 2012
- Speaker, Counting Sequestered Carbon: CCS/EOR Conversion, Carbon Management Technology Conference, Orlando, Florida | February 8, 2012
- Speaker, Business Risks of Carbon Counting, Carbon Management Technology Conference, Orlando, Florida, February 7, 2012
- Speaker, Greenhouse Gas Reporting, 2011 Emerson Global Users Exchange, Nashville, Tennessee, October 26, 2011 – October 27, 2011
- Speaker, Legal Implications and Drivers in Sustainable Energy, AIChE Annual Meeting, Minneapolis, Minnesota, October 18, 2011
- Speaker, Climate Change and Greenhouse Gas Emissions: Current Law, Voluntary Initiatives and Future Implications, AIChE Annual Meeting, Minneapolis, Minnesota, October 17, 2011
- Speaker, Adaptation for Engineers, 2011 Oklahoma Engineering Conference, Norman, Oklahoma, June 9, 2011
- Speaker, Greenhouse Gas Measurement and Legal Implications, American Institute of Chemical Engineers 2011 Spring Meeting, Chicago, Illinois, March 16, 2011
- Speaker, Climate Change Legislation and Regulation, American Institute of Chemical Engineers 2011 Spring Meeting, Chicago, Illinois, March 16, 2011
- Speaker, Environmental and Administrative Law 101, with Greenhouse Gas and Sustainability Update, American Institute of Chemical Engineers 2011 Spring Meeting, Chicago, Illinois, March 15, 2011
- Speaker, Climate Change Regulation and Litigation, American Institute of Chemical Engineers Annual Meeting, Salt Lake City, Utah, November 10, 2010
- Speaker, Environmental and Administrative Law 101, American Institute of Chemical Engineers Annual Meeting, Salt Lake City, Utah, November 10, 2010
- Speaker, Clean Air Act Update, Environmental Federation of Oklahoma Annual Meeting, October 14, 2010
- Speaker, Barriers to Implementing Sustainable Approaches, 9th Annual Oklahoma Sustainability Network Conference, Edmond, Oklahoma, June 11, 2010
- Speaker, Greenhouse Gas Law and Policy Developments, Association of Energy Engineers, Oklahoma Chapter, Oklahoma City, Oklahoma, May 19, 2010
- Speaker, Climate Change Developments – Climate Regulation is Here to Stay, Arkansas Bar Association 14th Annual Environmental Law Conference, Rogers, Arkansas, May 7, 2010
- Speaker, Legal Issues Arising in Dry Cleaner Remediation, 2010 Oklahoma Brownfields Conference, Oklahoma City, Oklahoma, April 28, 2010
- Speaker, Climate Change Legislation and Regulation, 2010 American Institute of Chemical Engineers Spring Meeting, San Antonio, Texas, March 23, 2010
- Speaker, Greenhouse Gas Emissions Documentation, Tracking and Reporting, 2010 American Institute of Chemical Engineers Spring Meeting, San Antonio, Texas, March 22, 2010
- Chair, 2010 American Institute of Chemical Engineers Spring Meeting, San Antonio, Texas, March 21-25, 2010
- Speaker, Applied Science in Policy Making, 2010 National Association of Environmental Law Societies Annual Meeting, New Orleans, Louisiana, March 6, 2010
- Speaker, Drivers, Science and Policy of Climate Change, 2010 National Association of Environmental Law Societies Annual Meeting, March 5, 2010
- Speaker, U.S. Climate Change: Legislation Update, 2009 American Institute of Chemical Engineers Annual Meeting, Nashville, Tennessee, November 11, 2009
- Speaker, The Final Rule on Mandatory Reporting of Greenhouse Gases, McAfee & Taft and Cardinal Engineering Environmental Law Seminar, Oklahoma City, Oklahoma, October 13, 2009
- Moderator, The Clean Air Act and Nanotechnology, ABA SEER Program Three in the Nanotechnology Teleconference Series, January 16, 2007
- Speaker, Moderator’s Summary, Hot Topics 33rd Annual Conference on Environmental Law, ABA Section of Environment, Energy and Resources (Keystone Conference), Keystone, Colorado, March 12, 2004
- Chair, 33rd Annual Conference on Environmental Law, ABA Section of Environment, Energy and Resources (Keystone Conference), Keystone, Colorado, March 11-14, 2004
- Producer and Speaker, ABA Center for CLE Clean Air Act Satellite Seminar, 2002
- Speaker, Managing Mercury: It’s Sources, Fate and Regulation, Moderator’s Overview, 31st Annual Conference on Environmental Law, ABA Section of Environment, Energy and Resources (Keystone Conference), March 14-17, 2002
- Speaker, Practical Implementations of Becoming a Non-Attainment Area, 5th Annual Joint Environmental Law Conference, Arkansas and Oklahoma Bar Associations, Environmental Law Sections, May 18-19, 2001
- Producer, ABA Center for CLE Clean Air Act Satellite Seminar, 2001
- Author, Highlights, American Bar Association Section of Environment, Energy, and Resources’ Year in Review (2017, for YIR 2016)
- Co-Author, Thomson Reuters’ Successful Partnering Between Inside and Outside Counsel (Chapter 13: Communications), 2017
- Co-Author, The ChE in Context: Adjusting to Policy Changes: Full Reversal in Washington, DC, American Institute of Chemical Engineers Chemical Engineering Progress, January, 2017
- Author, The Herrmann Environmental Writing Award: This Year’s Outstanding Entry in a Crowded Field, ACOEL Blog, November 2016
- Author, Cuba Delegation Part 3: Environmental Law and Policy Wonks Wanted, ACOEL Blog, October 2016
- Co-Author, American Bar Association’s Clean Air Act Handbook (Chapter 6: New Source Review; co-authored with Bernard F. Hawkins, second ed. Robert J. Martineau Jr. and David P. Novello, third and fourth edition, ed. Julie Domike), 2016
- Author, Highlights, American Bar Association Section of Environment, Energy, and Resources’ Year in Review (2016, for YIR 2015)
- Co-Author, CRC’s Air Pollution Control Technology Handbook, Second Edition (co-authored with Karl B. Schnelle, and Russell F. Dunn), 2015
- Author, Highlights, American Bar Association Section of Environment, Energy, and Resources’ Year in Review (2015, for YIR 2014)
- Author, Where Are We Now? EPA’s Audit Policy, Next Generation Compliance and Budgetary Implications, ACOEL Blog, January 2014
- Author, Highlights, American Bar Association Section of Environment, Energy, and Resources’ Year in Review (2014, for YIR 2013)
- Author, Another Blow to EPA’s NSR/PSD Enforcement Initiative, ACOEL Blog, August 2013
- Author, EPA Audit Policy Options: What Do You Think? ACOEL Blog, January 2013
- Author, Special Section: Energy-Regulatory Programs Governing Shale Gas Development, American Institute of Chemical Engineers Chemical Engineering Progress, August 2012
- Author, Greenhouse Gas and Climate Change, Oklahoma Bar Journal, February 2012
- Author, Back to Basics: Environmental Law for Chemical Engineers, American Institute of Chemical Engineers’ Chemical Engineering Progress, February 2012
- Author, Monthly Columns, Slice Magazine, 2011 through 2012 (Recycling perfection; Cutting-edge ecotourism; Anticipating adaptation; Hexa-what?; Adding it up; Taking it outside; Scenic route; Frugally yours; Arts and science; Eco-services rendered; Geothermal journal; Raindrops on roses…; A sustainable new year; A gray (water) area; Harnessing the sun)
- Co-Author, Energy Supplement: Carbon Capture and Storage – Navigating the Legal Landscape, American Institute of Chemical Engineers Chemical Engineering Progress, August 2011
- Author, Environmental Regulatory Update, Wiley’s AIChE Environmental Progress & Sustainable Energy (quarterly Environmental Division Newsletter, 2011)
- Co-Author, Submitting Your First GHG Report, American Institute of Chemical Engineers Chemical Engineering Progress, March 2010
- Author, Monthly Columns, OKC Downtown Monthly, 2009 through 2010 (Smart: An easy way to appreciate sustainability; Sustainability and energy; Coal. Really?; Water sense makes sense; It looks like greenhouse gas regulation is here, one way or another; Habit forming; Less is more healthy; Recycling cities; Earth Day 2010; Power to the people; Water, water everywhere?; The future is NOW!; Falling from the sky; Mixing it up; Grassroots to massroots; Beyond nutrition)
- Author, Environmental Regulatory Update, Wiley’s AIChE Environmental Progress & Sustainable Energy (quarterly Environmental Division Newsletter, 2010)
- Author, LexisNexis Global Climate Change Special Pamphlet Series (EPA’s Mandatory Greenhouse Gas Reporting Rule; ed. Bradley M Marten, 2010)
- Author, Environmental Regulatory Update Environmental Division Newsletter, Wiley’s AIChE Environmental Progress & Sustainable Energy (quarterly, 2009)
- Author, Even in Oklahoma, you can’t hide from GHG regulations, The Journal Record, December 17, 2009
- Author, It’s Here: EPA’s Final Mandatory GHG Reporting Rule, ACOEL Blog, September 2009
- Author, Clock Ticking on Comments in Response to EPA’s Proposed Mandatory GHG Reporting Rule, ACOEL Blog, April 2009
- Author, American Bar Association’s Nanotechnology Environmental Law, Policy and Business Considerations (Chapter 4: Clean Air Act and Nanotechnology; ed. Lynn L. Bergeson, 2008)
- Author, Environmental Regulatory Update, Wiley’s AIChE Environmental Progress & Sustainable Energy (quarterly Environmental Division Newsletter, 2008)
- Author, Basic Practical in Nanotechnology, American Bar Association Best Paper Award, Section of Environment, Energy and Resources Fall Meeting, 2007
- Author, Environmental Regulatory Update, Wiley’s AIChE Environmental Progress & Sustainable Energy (quarterly Environmental Division Newsletter, 2007)
- Author, Clean Air Act Nanotechnology Briefing Paper, American Bar Association, Section of Environment, Energy and Resources Fall Meeting, June 2006
Litigation and Published Cases
- Lowrimore v. Severn Trent, Case No. CIV-15-475-RAW (E.D Okla.). Provided rigorous defense against plaintiffs’ class action claims alleging breach of contract and common law actions against private drinking water treatment plant operator, removing case from state court to federal court, prevailing against plaintiffs’ Motion to Remand, and then winning defendants’ Motion to Dismiss prior to class certification.
- Karr v. Hefner, 475 F.3d 1192 (10th Cir. 2007). Provided rigorous defense resulting in dismissal of initial and subsequent Clean Water Act citizen suit and all pendant state law claims against natural gas producer, prevailing on appeal as well. Achieved initial dismissal due to lack of jurisdiction arising from insufficient notice, while in parallel negotiations with the EPA and Department of Justice to resolve noncompliance allegations resulting in agreed Consent Order entered prior to second attempted citizen suit filing. Dismissal of second citizen suit attempt resulted from filing of consent order which constituted diligent prosecution. Prevailed on appeal in the 10th Circuit.
- Stephens v. City of Anadarko, et al, Case No. 5:06-cv-1357 (W.D. Okla.). Provided rigorous defense resulting in favorable settlement of Solid Waste Disposal Act citizen suit action alleging violations of municipal landfill closure standards and breach of contract action against municipality. Settlement effectively nullified citizen suit in resolution of contract claims. Coordinated closely with state attorney general in defense of co-defendant state environmental agency.
- Steve Lindsey and Kristi Lindsey v. SGL Carbon, LLC, Civil No. 07-2105 (W.D. Ark.). Provided rigorous defense resulting in favorable settlement of Clean Air Act citizen suit action alleging violations of Clean Air Act permit, state fugitive emission and solid waste disposal regulations against manufacturing entity by adjacent neighbor. Due to previous resolution of state compliance issues, achieved very efficient settlement with plaintiffs beneficially resolving state common law claims.
Professional and Community Involvement
- American College of Environmental Lawyers, Secretary, 2016-2017.
- American Bar Association, Section of Environment, Energy & Resources, Chair, Special Committee on Year in Review, 2012-present (Co-Chair, Climate Change, Sustainable Development and Ecosystems Committee (2009-2012); Chair, Ethics Committee, 2007-2009; Council Member, 2004 – 2007; Chair, Annual Conference on Environmental Law, 2004; Chair, Air Quality Committee, 1999-2001; Technical Chair, Clean Air Act Satellite Seminar, 2002-2004)
- American Bar Association, Business Law Section, Vice Chair, Environmental Committee
- American Institute of Chemical Engineers, Chair, Climate Change Task Force (Founder and Former Chair, Public Affairs and Information Committee; Founder and Former Chair, Chemical Engineering and The Law Forum; Former Chair, Legislative and Regulatory and Climate Change Sections for the Environmental Division; Representing Nanoscale Science and Engineering and ChE&L Forums within Center for Energy Initiatives; United Engineering Foundation Founders Society Technology for Carbon Management Project; Chair, AICHE 2010 Spring National Meeting)
- Vanderbilt University, Department of Chemical and Biomolecular Engineering, External Affairs Committee (former Secretary, Vanderbilt University School of Engineering Alumni Council).
- Oklahoma Bar Association, Environmental Law Section
- Oklahoma City Mineral Lawyers Association.
- Air and Waste Management Association (Chair, Central Arkansas Chapter, 2001; Technical Chair, Hazardous Waste and Combustion Specialty Conference, 1999)
- Commissioner, Ward 3 (through 2014) Environment, Health and Sustainability Commission for the City of Nichols Hills, Oklahoma
- International Women’s Forum, Oklahoma Chapter
- Member, Earth and Water Law, LLC, Member, 2017 to present
- Shareholder, Crowe & Dunlevy, PC, Oklahoma City, OK, 2014-2017
- Shareholder, McAfee & Taft, PLLC, Oklahoma City, OK, 2003-2014
- Counsel, Nelson Mullins Riley & Scarborough, Columbia, SC, 2001-2003
- Partner, Mitchell, Williams, Selig, Gates & Woodyard, Little Rock, AR, 1995-2001
- Law Clerk, EPA Office of General Counsel, Washington, D.C., Summer 1994
- Law Clerk, Mitchell, Williams, Selig, Gates & Woodyard, Little Rock, AR, 1994-1995
- Law Clerk, Rose Law Firm, Little Rock, AR, 1991-1993
- President, Crowley Environmental Services, 1991-1992
- Regulatory Project Officer, ENSCO, 1989-1991
- RCRA Incinerator Permit Writer, U.S. EPA Region VI, Hazardous Waste Division, 1988-1989
- On-Scene Coordinator, U.S. EPA Region 6, Superfund Division, Emergency Response, 1985-1988
Mary Ellen received her B.E. in Chemical Engineering from Vanderbilt University (1984), and a J.D. with highest honors, from the University of Arkansas at Little Rock (1995), where she was Managing Editor of the UALR Law Journal and clerked for the U.S. EPA Office of General Counsel, Air and Radiation Division. Mary Ellen is licensed in Arkansas, South Carolina, Oklahoma and the District of Columbia, as well as the U.S. District Courts for the Eastern and Western Districts of Arkansas, Eastern and Western Districts of Oklahoma, and the U.S. Court of Appeals for the Tenth Circuit.
Karen St. John – Energy, Environment and Social Consultant
Karen St. John is a consultant with a specialty in private sector environmental, social and political risk management. Karen has extensive experience working with the oil and gas – related industries that have entailed designing and executing risk mitigation strategies worldwide. Her portfolio includes a mix of skills from strategic planning, to impact assessment & management, programs development and external and governmental affairs. She has established a number of partnerships with mullti-lateral development banks and organizations to leverage resources for environmental and social benefit. And she has negotiated with a number of U.S. and international governmental regulators toward successful policy outcomes, including the U.S. Environmental Protection Agency, U.S. Interior Department, and the National Oceanographic and Atmospheric Administration.
St. John recently served as Environment Group Vice President for the International Association of Geophysical Contractors (IAGC) where she built up a team that managed regulatory and policy environmental issues world-wide for the worldwide seismic industry. Before her role at IAGC, St. John worked as the Senior Director Regulatory Affairs Manager at BP America in Washington, D.C., working across its various business units and corporate functions on numerous environmental regulatory and legislative policies. Prior to that, she worked with Jakarta-based BP Indonesia and Baku-based BP Azerbaijan putting together their environmental and social strategies and organizations to support their growing multi-billion dollar business portfolios, coordinating with the International Finance Corporation and Asia and European Development Banks on environmental and social due diligence and partnership-development. She has worked in a number of corporate capacities for Amoco and BP including Government & public affairs; Environment, health and safety, and Internal audit located in London, Washington DC, and Chicago. She also worked as an environmental regulatory issues manager for the American Petroleum Institute. Email: KarenStJohnUSA@gmail.com
Carl Artman – Tribal, Energy and Natural Resource Law
Carl J. Artman is one of the nation’s premier lawyers on Indian Law and has a significant practice in energy and environmental law with a focus on natural resources development in Indian country. Carl served as the tenth Assistant Secretary – Indian Affairs at the U.S. Department of the Interior. He also served as the Department’s Associate Solicitor for Indian Affairs and chief counsel for his tribe, the Oneida Nation. Carl also serves as a faculty associate at the Sandra Day O’Connor College of Law at Arizona State University.
Carl received a B.A. from Columbia College, an MBA from the University of Wisconsin-Madison, a J.D. from the Washington University – St. Louis, MO, and an LLM in Natural Resources and Environmental Law from the University of Denver. Email: email@example.com
Jim Mosher – Natural Resource Consultant
Dr. James Mosher has over 40 years of increasing responsibility and experience in natural resource science and policy providing a solid base from which to assist businesses and non-profit organizations with management and government relations challenges.
Jim recently retired after serving as Executive Director & Board Member for the Alliance for the Chesapeake Bay. He previously held an appointment as Deputy Assistant Secretary for Fish and Wildlife and Parks at the U. S. Department of Interior. His portfolio at Interior included policy oversight for the endangered species program, energy and wildlife issues, conservation partnerships, climate change and law enforcement. Through his career he served in senior positions with several non-profit organizations including as Conservation Director at the Izaak Walton League of America, Executive Director & Board Member for the North American Grouse Partnership and Founding Board member for the Theodore Roosevelt Conservation Partnership.
Jim received an undergraduate degree from Utica College, a Masters degree in Wildlife Biology from S.U.N.Y. College of Environmental Science & Forestry and Ph.D. in Zoology from Brigham Young University. He completed a post-doctoral research appointment with the University of Alaska at the Naval Arctic Research Laboratory in Pt. Barrow, Alaska, served eight years on the faculty of the University of Maryland CEES and one year in the Veterinary Physiology program at University of Minnesota. He has authored numerous peer-reviewed papers on avian ecology, physiology, and management as well as several of book chapters. An active Chesapeake Bay sailor, Jim resides near Williamsport, MD. Email: firstname.lastname@example.org
Mark Kieser – Kieser & Associates
Mark is founder of Kieser & Associates, LLC, an environmental science and engineering consultancy based in Kalamazoo, Michigan, USA since 1992. Mark has a broad range of environmental management experience from watershed planning and policy development to remedial investigation and cleanup. This includes over three decades of water resources consulting in addition to three years of academic research on eutrophication issues in the U.S. Great Lakes.
Mark has been a pioneer and leader in U.S. water quality trading program and policy development from trading’s inception. Since 1995, he has led the assessment and/or development of a variety of market-based incentive programs in 23 states focused on: watershed, state-wide and regional trading program development; agricultural credit banking schemes; urban stormwater trading; trading registries and infrastructure; development of ecosystem service markets; restoration of natural flow regimes in Great Lakes tributaries, and; nutrient enrichment in the Chesapeake Bay, the Gulf of Mexico and the Western Lake Erie Basin.
Mark is internationally recognized for his expertise in water markets assisting government agencies in Canada, Peru, Sweden, the European Union, Japan and China with policy development. In 2014, Mark drafted the operational framework for the emerging market-based water fund, Aquafondo, targeting water quantity and quality investments in the Rimac River watershed, a critical water supply for Lima, Peru. Working with the Beijing Forestry Society, he has since adapted the Aquafondo framework for the China Mega-City Water Fund. This fund targets watershed investments for quality and quantity issues in Beijing’s only surface water supply for drinking water, the Miyun Reservoir.
Mark holds a Bachelor’s and Master’s Degree in Biological Sciences from Wittenberg University (Springfield, Ohio) and Michigan Technological University (Houghton, Michigan), respectively.
Kinnan Golemon – KG Strategies
Kinnan Golemon, a nationally recognized leader in the environmental, energy and natural resources law area, is the founder and President of KG Strategies, LLC. For over 3 decades, Mr. Golemon was a Partner with Brown McCarroll, LLP, a Texas regional law firm, where he was the senior member of the environmental team practicing in the Austin office. He has over 48 years of providing professional advice, counsel, strategic planning and public advocacy on complex environmental, energy and natural resource issues. From 1992 -2006, he served as General Counsel for the Texas Chemical Council, the association representing the approximate 90 chemical manufacturing operations in Texas.
Mr. Golemon has a B.S. in Industrial Management Engineering from the University of Oklahoma (1961) and an LLB from the University of Texas Law School (1967). During his three law school years he was employed by the Texas Water Pollution Control Board (a predecessor agency to the Texas Commission on Environmental Quality) as an Engineering Assistant where his primary responsibility was the permitting of municipal and industrial wastewater discharges.
Mr. Golemon was a founder of the State Bar of Texas Environmental and Natural Resources Law Section and Chaired this entity in the early 1970s. Mr. Golemon was inducted as an initial Fellow of the American College of Environmental Lawyers (ACOEL) in 2008. From the early 1980s through 2012 he held numerous leadership positions in the American Bar Association (ABA) Section of Environment, Energy and Resources (SEER) Law, including Chairing the Section in 1994-1995 and serving as one of its Delegates to the ABA House of Delegates from 2000 to 2009. He was the SEER representative to the ABA Board of Governors for 2009-2012. During 2004-2007, Mr. Golemon served as Chair of the ABA’s Standing Committee on Environmental Law, which played the principal role of coordination among the numerous ABA entities on environmental issues. He also serves as a member of the Advisory Council for the Kay Bailey Hutchinson Center for Energy, Law and Business at the University of Texas – Austin.
Mr. Golemon was a contributing author in 2013 to “Beyond the Fracking Wars: Guide for Lawyers, Public Officials, Planners and Citizens” published by the ABA’s Section of State and Local Government Law. He also appears frequently as a speaker in a variety of legal, technical and governmental affairs forums addressing issues relating to energy and the environment and providing updates on Texas legislative and regulatory developments.
Mr. Golemon served in the U.S. Marines from 1961-69, attaining the rank of Captain (USMCR). His active duty years, 1961-64, included tours in Cuba, Okinawa, Taiwan and Vietnam, in addition to his stateside posts.