Kyle blends state and federal environmental experience and familiarity with regulatory compliance strategies and governmental programs and enforcement efforts to advise on facility operations and business and real estate ventures in the complex arena of environmental law.
Overview
An environmental lawyer, Kyle advises clients on the federal and state laws regulating air, water, hazardous substances and wastes, and natural resources. He represents companies large and small before the Environmental Protection Agency (EPA) and state environmental agencies to advise on regulatory compliance and move business forward. He represents clients in diverse sectors, including manufacturing, energy and electric utility, real estate (acquisition and development), mining, propane and petroleum storage and distribution, telecommunications, finance and banking.
Kyle advises clients on PFAS risks and mitigation strategies, ranging from scoping due diligence and invasive investigations to include PFAS analysis, to other proactive and confidential strategies to evaluate a client's potential for exposure and actions to minimize liability.
Kyle develops creative solutions to environmental issues arising in business and real estate transactions. He performs critical environmental due diligence, obtains construction and operating permits for facilities, and advises clients on liability exposure and risk mitigation strategies. Kyle represents clients during on-site inspections and investigations by the EPA and state environmental agencies, and coordinates audits, investigations and responses under environmental laws. He works with environmental consultants to oversee investigation and remediation of contaminated properties, and with state voluntary cleanup and tank insurance fund programs.
Formerly an environmental attorney for an international engineering company, Kyle managed environmental permitting and compliance for domestic and international electric generation facilities and other industrial projects. He offers environmental regulatory experience in more than 35 states, and has experience working with EPA, Corps of Engineers, US Fish & Wildlife Service, and state environmental and natural resources agencies.
Experience
Advises clients in connection with the development of and/or investment in wind, solar and battery storage renewable energy projects with a specific focus on environmental compliance and permitting, including threatened and endangered species/habitat, jurisdictional wetlands and waters, stormwater, cultural resources, flicker/glare and noise, and general environmental due diligence
Advises clients in connection with legacy hazardous waste sites, negotiates with EPA and state environmental agencies, and oversees compliance with voluntary cleanup programs
Advises clients on acquisitions of contaminated properties for commercial and retail development in 25 states
Negotiated an Administrative Order on Consent and a comprehensive multi-media consent decree for a manufacturing company at multiple facilities involving air, water, hazardous waste and transportation-related environmental issues
Advised a manufacturing company on environmental compliance strategies and implementation actions for a consent decree covering air, water, hazardous waste and transportation-related issues
Advises businesses and financial institutions concerning the acquisition (and sale) and operation of contaminated properties, statutory protections, foreclosure issues and risk management strategies
Advises a REIT on environmental matters which include "all appropriate inquiries" and comprehensive due diligence prior to acquiring interests in properties, risk management strategies and negotiating favorable environmental provisions in acquisition and investment agreements
Negotiated a Consent Agreement and Final Order with the EPA, and related Supplemental Environmental Projects, to settle a RCRA/EPCRA Notice of Violation at an industrial facility
Coordinated clients' responses to EPA's Clean Air Act Section 114(a) requests for information
Served as lead counsel to Flora Food Group in its acquisition of a Kansas-based manufacturing facility out of receivership and facilitating the reopening of the plant and expansion of production.
News & Insights
News
Speaking Engagements
Midwest Environmental Compliance Conference, The Changing Landscape of PFAS in Due Diligence, October 27, 2023
2023 Stinson Business Law Update – Environmental Law Update: Assessing and Mitigating Environmental Risk in Transactions, March 2, 2023
2018 Stinson Business Law Update – Environmental Law Update, March 1, 2018
Midwest Environmental Compliance Conference, General Duty Clause: The Provision that Swallowed the Rule, May 2017
Publications
Recognitions
Recognitions
Selected to Missouri Lawyers Media Environmental and Energy Law "POWER LIST," 2022 - Present
Professional & Civic Activities
Professional & Civic Activities
Kansas City Industrial Council, Board of Directors and Chair of Infrastructure Committee
Bridging The Gap, Board of Directors
Pembroke Hill School Environmental Committee
American Bar Association
- Section of Natural Resources, Energy and Environmental Law
- Section of State and Local Government Law
The Missouri Bar, Environmental & Energy Committee
Kansas City Chamber of Commerce Environmental Committee
Practices & Industries
Admissions
- Missouri, 1990
Education
Vermont Law School, Master of Studies in Law, Environmental Law & Policy, 1991
University of Missouri-Kansas City, J.D., 1990
Westminster College, B.A., 1987
