Kevin G. Desharnais is a litigator and corporate counselor whose practice is focused on environmental law, including air, land, water, wetlands and noise matters. In addition, he advises on environmental regulatory and compliance issues and has represented clients in numerous federal and state court proceedings and administrative tribunals.
Kevin has substantial experience in complex environmental areas such as air and water permitting and enforcement, environmental remediation of land contamination, and RCRA and CERCLA issues.
He has also negotiated and drafted environmental provisions in the course of corporate and real estate transactions, including mergers, stock purchases, securitizations, debt offerings and credit transactions.
He has extensive experience in addressing environmental issues in the context of renewable energy projects, including NEPA compliance, endangered species and wetland issues.
Representative Matters :
- Representation of an industrial client on Prevention of Significant Deterioration (PSD) and New Source Performance Standards (NSPS) issues in enforcement matters brought by USEPA.
- Advised an energy industry client on potential NSPS/PSD issues in Title V permitting related to expansions of an ethanol production facility.
- Advised agricultural industry client with regard to emissions excursions and reporting requirements under Title V Permit at a manufacturing facility.
- Advised agricultural industry client with regard to applicability of the National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (“RICE MACT”) under Section 112 of the Clean Air Act.
- Assisted a manufacturing client in obtaining two “no further remediation” letters under the Illinois Site Remediation Program in a one-year period to facilitate the sale of a strategic business unit.
- Representation of clients identified as PRPs in CERCLA litigation and/or responsible parties in RCRA citizen suits.
- Assisted biodiesel manufacturing client in establishing procedures and achieving compliance with Renewable Identification Numbers (RINs) reporting requirements under the Renewable Fuel Standard Program.
- Advised numerous clients on environmental liabilities in corporate and real estate transactions, including mergers, stock purchases, securitizations, debt offerings, and credit transactions.
Professional and Community Involvement :
- Federal Bar Association, Chicago Chapter, Board of Directors
- Federal Bar Association, Section on Environment, Energy, and Natural Resources, Board of Directors
Professional Experience : Attorney-Assistant, Illinois Pollution Control Board, 1994-1997
- Pace University, J.D., 1992, Articles Editor, Pace Environmental Law Review
- Cornell University, B.S., 1988
BAR ADMISSIONS : Illinois, New York, New Jersey
COURT ADMISSIONS :
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the District of Colorado
- U.S. Court of Appeals for the Fifth Circuit
Rate : $$$