Howard Kenison’s experience litigating environmental cases before state and federal courts and administrative agencies provides invaluable knowledge and insight for business clients dealing with the complex array of environmental laws that can impact commercial transactions.
His practice includes environmental due diligence in corporate acquisitions and real estate transactions, air quality litigation and permitting, NEPA litigation for utility, water and transportation projects, environmental audits for corporate risk prevention, wetlands permitting and defense of enforcement actions, hazardous and radioactive waste facility litigation, water quality permitting and enforcement actions, superfund and natural resource damage litigation and environmental insurance litigation.
Howard is the former Colorado Deputy Attorney General in charge of Colorado’s Superfund Litigation and he maintains key contacts with environmental agencies.
Environmental Liabilities and Due Diligence
Howard regularly advises clients involved in complex asset, stock purchase transactions, real estate development projects and other business transactions concerning the allocation of environmental risks and liabilities, including environmental representations and warranties, indemnities and due diligence efforts. His experience litigating environmental cases provides a practical aspect to his advice.
Clean Air Act Litigation and Permitting
Howard represents utility clients in litigation involving air permits and counsel’s clients concerning permitting and compliance with state and federal clean air act laws.
Howard provides strategic advice and counsel to clients involved in preparing and, if needed, litigation of Environmental Impact Statements for utility transmission, highway transportation and water projects, including litigation-sensitive advice regarding comments for the administrative record involving purpose and need, environmental impacts, noise, air quality, wetlands, air toxics, traffic demand and Section 4(f) parks and historic properties.
Hazardous Waste Facility Litigation and Permitting
Howard successfully represented a county government before the Colorado Supreme Court regarding disposal of low-level radioactive wastes under the Rocky Mountain Low-Level Radioactive Waste Compact. He advised the client on all aspects of Colorado’s Hazardous Waste Act and Colorado’s radiation control provisions, including the state permitting process and applicable local land use laws.
Wetlands Permitting and Enforcement
Howard defends clients in federal wetland enforcement actions and represents developers and others seeking to obtain permits from the United States Army Corps of Engineers under Section 404 of the Clean Water Act.
Howard has extensive experience in Superfund litigation including cost recovery cases and natural resource damage matters. He has worked as counsel for clients involved in PRP committees and has negotiated resolution of superfund claims with environmental agencies.
Water Quality Permitting and Enforcement
In addition to his wetlands practice, Howard provides advice and counsel to utility and other clients concerning NPDES permitting and represents clients where the government has initiated enforcement actions under state and federal water quality laws.
Environmental Audits for Corporate Risk Prevention
To assist clients in avoiding government enforcement actions, Howard routinely advises clients undertaking environmental compliance and environmental management system audits. His counsel involves advice concerning the application of federal and state environmental audit and privilege laws designed to protect clients from environmental liabilities and penalties.
Environmental Insurance Litigation
Howard served as environmental counsel for a large multi-state utility in a three-week jury trial seeking insurance recovery for releases of contaminates at three Superfund sites. The trial resulted in a $7.1 million verdict for his client.
02.09.2016: Howard Kenison Named Senior Fellow of Litigation Counsel of America
08.23.2012: Environmental Attorney Howard Kenison Working to Advance Rocky Mountain Greenway
02.10.2011: Howard Kenison Named a 2011 Law Star by University of Denver Sturm College of Law
01.07.2010: Denver Partner Howard Kenison Named Attorney of the Year
09.16.2013: Cover Photo, Law Week Colorado
08.18.2012: Howard Kenison Quoted in Denver Post Story about low-level radioactive waste
01.19.2012: Howard Kenison Quoted in Denver Post Story
06.15.2009: Howard Kenison Featured in Cover Story Green Envy in Law Week Colorado
Waters of the United States – Update, Colorado Rural Electric Association, Spring Legal Seminar, May 19, 2017, Denver, CO.
Panel Moderator, Rising Superstars: The Tongue is Sharper than the Sword, ABA Section of Environment, Energy and Resources, 2016 Fall Conference, Denver, CO.
The Clean Water Rule & Waters of the United States: Can EPA Regulate Everything? Colorado Rural Electric Association, Spring Legal Seminar, May 6, 2016, Denver, CO.
Panel Moderator, Focus on the Third Sovereign: American Indian Tribes, ABA Section of Environment, Energy and Resources, 2016 Spring Conference, Austin, TX.
The Rocky Mountain Arsenal and the Northeast Greenway Corridor Project: Contamination to Collaboration, Rocky Mountain Land Use Institute’s Annual Land Use Conference (2014), Denver, CO.
Environmental Reporting and Disclosure, Colorado Bar Association CLE on Environmental Liability in Real Estate Transactions, February 24, 2006, Denver. CO.
Governance Through Guidance: Administrative Rulemaking By Interpretation, The Rocky Mountain Mineral Law Foundation’s Special Institute on Administrative Law, September 17, 2004, Denver, CO.
Conference on Environmental Priorities in Southeast Asian Nations, Bangkok, Thailand, Rapporteur (1996)
Conference on Trade and the Environment in Pacific Rim Nations, Hong Kong, China, Panel Moderator (1993)
Environmental Rule of Law Index: A Task Force Pilot, Natural Resources and Environment, Vol. 33, No. 2, Fall 2018, (with Sarah Chamness Long, Rule of Law Index Director, World Justice Project, Washington, D. C.)
Reporting Releases of Contaminants, Chapter 11, Environmental Regulation of Colorado Real Property, 2nd Ed. (Stephen A. Bain ed., CLE in Colo. 2016)
EPAs Evolving Regulation of Greenhouse Gases, The Colorado Lawyer, Vol 40, No. 10, October 2011 (with Katherine A. Roek)
White Paper on the Rule of Law and Environmental Issues, International Rule on Law Symposium, Spring, 2007, New York City, NY
Charles Wern becomes president and Paul Vorndran and Nicole Westbrook join the Executive Committee at the Denver-based business law firm.
By Reid A. Godbolt The Securities and Exchange Commission (“SEC”) recently adopted amendments (available at https://www.sec.gov/rules/proposed/2017/33-10425.pdf) to its Regulation S-K and related rules and forms in seeking to modernize and simplify disclosure requirements for public companies, investment advisers and investment companies. The amendments are intended to improve the readability and navigability of disclosure documents and […]
Please join us at Jones & Keller in congratulating attorneys selected to this this year’s lists.
By Paul L. Vorndran Selling an annuity while advising investors about their securities investments will subject you to enforcement action by the Colorado Securities Commissioner. In the summer of 2018, the Colorado Securities Commissioner (Commissioner) adopted a rule which provides that an insurance agent who receives commissions from the sale of insurance products, where the […]
(Originally published December 1, 2015) By Paul L. Vorndran Deciding upon whom to trust to deliver accurate and fair advice is an investor’s first difficult decision. In the investment world, a number of titles may be used by a professional offering various investments. But most of these are marketing tools issued by various organizations, and […]
(Originally published December 1, 2015) By Paul L. Vorndran Regulators have been warning investors about investing in Exchange-Traded Funds (ETFs), a unit investment trust or open-end investment company whose shares represent an interest in a portfolio of securities that track an underlying benchmark or index. In June 2009, those warnings were directed to broker-dealers and […]
Jones & Keller is pleased to announce that Reid A. Godbolt has been awarded the 2019 Lifetime Achievement Award by the Catholic Lawyers Guild of Colorado. The Lifetime Achievement Award is bestowed upon an attorney who has demonstrated outstanding lifetime contributions to religion, profession and country. “I am humbled and honored by this award and […]
(Originally published December 1, 2015) By Paul L. Vorndran A panel of the Colorado Court of Appeals issued an opinion giving the Colorado Securities Commissioner a victory in a long standing effort to regulate joint ventures and general partnerships. In Rome v. HEI Resources, Inc. et al, 2014 CA 160, the Court first held that there is […]
(Originally published December 1, 2015) By Paul L. Vorndran As a cautionary tale, Colorado licensed investment advisers should be mindful that non-securities transactions with their clients will be scrutinized by the Colorado Divisions of Securities. In December 2013, Secure Retirement Group, Inc. doing business as Secure Financial Group, Inc. and its principal, David L. Gonzales, […]
(Originally published December 1, 2015) by Paul Vorndran Denver District Court recently determined that oil and gas joint venture interests promoted by Colorado companies HEI Resources, Inc. and Heartland Energy Development Corporation were not securities under the Colorado Securities Act. On October 17, 2013 following an intensely contested case brought by the Colorado Securities Commissioner, […]
(Originally published March 17, 2016) by Paul L. Vorndran The Colorado Court of Appeals reversed a criminal conviction for securities fraud pursuant to C.R.S. § 11-51-501(1)(b) finding the trial court erred in refusing to give a proffered instruction that not all promissory notes are securities for purposes of the Colorado Securities Act (CSA). In People v. Mendenhall, […]
TAX TRAPS FOR THE UNWARY – EXECUTIVE COMPENSATION ISSUES IN M&A TRANSACTIONS (PART I: SECTION 280G) By Charles E. Wern, JD, LLM and D. Laird Blue, JD, LLM, Shareholders, Jones & Keller, PC Changes to the U.S. regulatory landscape and corporate tax law structure could spark increased M&A deal activity and strategic partnering in the banking […]
President of Jones & Keller and well-known securities attorney, Brad H. Hamilton, was quoted by Independent Banker in an article by Karen Epper Hoffman on the need for community banks to understand cybersecurity issues; how to provide cybersecurity direction at board meetings and executive events; learning to present online security issues in basic terms; introducing […]
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