Howard Kenison is a former Colorado Deputy Attorney General and nationally recognized attorney in environmental law and litigation. With over four decades of accomplishments, Howard brings vast legal and practical knowledge for clients dealing with the complex array of environmental laws that can impact projects and commercial transactions.
He effectively counsels clients before state and federal courts and administrative agencies, driving forward solutions that balance economic and environmental interests and achieve client objectives.
Howard’s 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 serving as the Chair-Elect for the American Bar Association (ABA) Section of Environment Energy and Resources and will become Chair of the 10,000-plus member section in August 2020. He speaks to business and legal professionals in areas relevant to environmental law.
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. He has also argued Superfund issues before the U.S. Court of Appeals.
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
Colorado joins the growing number of states and jurisdictions fighting wage gap with bans on salary history questions. By Larry Lee, as featured in Law Week Colorado.
The private equity firm GPB Capital Holdings LLC ongoing investigation for sales practices used in financing its acquisitions of automotive dealerships.
Nicole Westbrook takes aim at several provisions in arbitration that can undermine what is commonly touted as a quicker, cheaper and less complicated alternative to taking a case to court. This Bloomberg Law article reviews these common defenses, waivers and rules of engagement that, when used prudently, can reduce cost and liabilities in arbitration.
Alleged scheme to defraud hemp clone purchaser ends up in the courts. Read the Cannabis Law Report on the lawsuit brought by Nicole Westbrook at Jones & Keller on behalf of MTN Botanicals.
A directed trust allows trust settlors to involve family members in the administration of a trust and use professionals to comply with fiduciary duties and manage complex assets, providing independent judgment with respect to discretionary distribution decisions. Read more about directed trusts in this article, originally published in Colorado Lawyer. By Jeffrey B. Kadavy and Dylan H Metzner.
Howard Kenison has been listed in the Denver Business Journal's 2019 Who's Who in Energy special report.
By David Thayer Originally published in Law Week Colorado. Picture this: You have a successful business that has grown over the years, but you have hit a wall. Your growth has become stagnant and you need to infuse a hefty sum of money into the business to take it to the next level. So, you […]
Eighteen Jones & Keller practice groups have been recognized for professional excellence in the 2020 Edition of U.S. News – Best Lawyers® 2020 “Best Law Firms” across a wide range of business categories.
Join NITA instructor Nicole Westbrook as she shares deposition skills that get results.
Employers should start preparing now for the upcoming changes in the wage rule.
Nicole Westbrook has received the AV Preeminent® Peer Review Rating™ from Martindale-Hubbell® for professional excellence in general ethical standards and legal ability.
If you are an adviser who sold these investments without knowledge that they were unlawful, or have received a notice from regulators, take steps to protect yourself and your retail clients.
How can the two biggest generations in the workplace right now learn to get along? Enlighten yourself on the differences to capitalize on their collective strengths, prevent labor and employment conflicts, and unite the workplace. Join Lawrence (Larry) Lee, Esq. and Niki Schwab, Esq., as they debate and relate at the 2019 Employment Law Conference […]
If you are an adviser who sold these investments without knowledge that they were unlawful, or have received a notice from regulators, take steps to protect yourself and your retail clients. By Paul Vorndran The warnings issued by the SEC to investors about Ponzi schemes that prey on senior investors in 2018 remain true today […]
Dylan Metzner brings strong experience in Tax and Private Wealth Planning to the Jones & Keller team.
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