Kevin M. McGuire|
175 East Main Street
Lexington, KY 40507
(O): (859) 288-2824
(F): (859) 252-0688
(C): (859) 539-6330
(E): firstname.lastname@example.org V-card
Kevin M. McGuire is a Member in the Firm's Environmental Practice Group in Lexington, Kentucky. Mr. McGuire represents industry and individual interests in litigation and regulatory proceedings involving environmental compliance, permit challenges, coal supply and mining contracts, toxic torts, insurance and reinsurance insolvencies and director and officer liability. Clients include leading coal, oil and gas, manufacturing, reinsurance and banking firms. He has written numerous papers and lectured frequently on environmental, mining and reinsurance topics.
Mr. McGuire currently represents the coal industry in multiple regulatory challenges and enforcement actions brought by the U.S. Environmental Protection Agency, the Sierra Club, Appalachian Voices and other citizen activist groups under the Clean Water Act and other state and federal regulatory programs. He also represents publically‑traded and foreign companies in ongoing coal asset acquisitions and divestures, focusing on permitting, bonding, and environmental due diligence.
Mr. McGuire was lead counsel for the liquidator of a professional reinsurer headquartered in New York City and involved in the international long‑tail casualty business. As a result, he has experience in the various aspects of court‑supervised insurance insolvency proceedings and has led or supervised litigation in numerous other states and foreign jurisdictions, including Bermuda, the Grand Caymans, the United Kingdom, New York, Illinois, California, North Carolina and Florida.
Mr. McGuire is a member the Energy & Mineral Law Foundation and the Kentucky Coal Association ‑ Environmental Committee. He has been admitted to the Kentucky and West Virginia state bars, the United States Supreme Court, the United States Courts of Appeals for the Second, Fourth and Sixth Circuits and the United States District Courts for the Eastern and Western Districts of Kentucky and the Southern District of West Virginia.
Mr. McGuire graduated magna cum laude from Washington & Lee University where he received his Bachelor of Science in physics/engineering in 1981. He joined the Firm upon receiving his Juris Doctor with high distinction from the University of Kentucky in 1984 and became a Member in 1991. He is a member of Phi Beta Kappa and the Order of the Coif.
Specific examples of Mr. McGuire's work include:
Argued for application of the Clean Water Act's permit shield defense in the context of a general permit and Sierra Club claims that client was discharging selenium without a permit and in excess of water quality standards. Sierra Club v. ICG Hazard, LLC, __ F.3d __, 2015 WL 643382 (6th Cir. 2015)
Defended U.S. Army Corps of Engineers’ issuance of a CWA § 404 fill permit to an Eastern Kentucky coal operator against claims of the Sierra Club and others that mountaintop mining causes adverse human health effects. Kentuckians for the Commonwealth v. U.S. Army Corps of Engineers, 746 F.3d 698 (6th Cir. 2014)
Negotiated significant settlement with U.S. EPA and U.S. Army Corps of Engineers resolving federal court enforcement action and resulting in the issuance of an “after‑the‑fact” CWA § 404 fill permit to coal company client