Kelly R. Blackwood

Senior Attorney

Jackson P: 601.592.9974 F: 601.592.1474

Kelly handles a wide variety of environmental matters for clients with regulatory and litigation needs. She also assists with permitting and compliance matters involving various environmental areas, including water, air, hazardous waste, solid waste, and pesticides. Kelly’s practice includes representation of environmental matters involving property acquisitions, due diligence matters, contaminated properties, brownfield redevelopment, natural resource damages, remediation and restoration, and wetlands assessments.

Representative Experience

General Experience
- Titan Tire of Natchez, Inc. v. Mississippi Comm’n on Environmental Quality, 891 So.2d 195 (Miss. 2004)
  Addressed penalties associated with water discharge violations from a tire manufacturing plant
  
  U.S. Dept. of Justice, U.S. Env’l Protection Agency and MS Dept. of Env’l Quality v. Genesis Crude Oil, L.P. and Genesis Pipeline USA, L.P. (S.D. Miss. 2004)
  Negotiated multi-million dollar settlement for release of inland oil spill and assisted in negotiating and drafting restoration plan
  
  First Specialty Ins. Corp. v. U.S. Aquaculture Licensing, 2008 WL 5382287 (N.D. Miss. 2008)
  Insurance coverage issue associated with a licensing agreement and the purchase and marketing of catfish; underlying action involving claims associated with loss of fish at a catfish farm
  
  U.S. ex rel. Rigsby v. State Farm Fire Ins. Co., 2008 WL 3874590 (S.D. Miss. 2008)
  Consideration of allegations brought under the False Claims Act
  
  Carpenter v. Rocky Mountain Radar, Inc., 2007 WL 551762 (N.D. Miss. 2007)
  Class action claim involving allegations of fraud and negligence associated with radar detector's accuracy and effectiveness
  
  Solid Waste Enforcement Action
  Negotiated settlement of enforcement matter brought by the Miss. Dep’t of Environmental Quality against a solid waste permit holder
  
  Wetlands Assessment and Evaluation
  Successfully defended commercial developer of multi-million dollar project against allegations of improper wetlands assessment filed with the U.S. Army Corps of Engineers
  
  Brownfield Redevelopment and Mississippi Economic Incentive Programs
  Assisted companies seeking to obtain approval to participate in Mississippi Brownfields and economic incentive programs, evaluating program benefits and coordinating activities with state agencies and local economic development organizations to identify available opportunities for new and/or expanding businesses in Mississippi
  
  Environmental Matters Involved in Acquisitions
  Advised on environmental issues associated with multiple acquisitions including representations and warranties, purchase agreements, indemnification agreements, and related matters
  
  Environmental Justice Study
  Served as Environmental Justice Counsel in a matter involving a U.S. Army Corps of Engineers flood control project
  
  State Environmental Permitting Matters
  Assisted developers and manufacturers in obtaining construction and operating permits, and advised on compliance issues associated with permits
  
  Due Diligence Reviews and Assessments
  Completed due diligence and related All Appropriate Inquiry reviews for innocent landowners and prospective purchasers for liability protection purposes
  
  Advised Client in Acquisition of Business
  Assisted client in the agricultural industry with multiple acquisitions of businesses valued at between $1 million and $80 million where such acquisitions involved significant environmental risks (chemicals). Participated in environmental portion of due diligence exercise, and prepared provisions concerning environmental issues for inclusion in the definitive purchase agreement
  
  Potential Acquisition of Natchez Property
  Provided opinion letter on potential environmental liability associated with property acquisition.

Area(s) of Focus

Mississippi College School of Law, J.D., 1999
University of Mississippi, B.B.A., 1995

Mississippi

United States Court of Appeals, 5th Circuit
United States District Court, Northern District of Mississippi
United States District Court, Southern District of Mississippi
Mississippi Supreme Court

Mississippi Biomass Council, Chairperson of the Board, 2008-2010

Mississippi State Bar, Chair, Section on Natural Resources, Energy and Environmental Law, 2007-2008

American Bar Association, Vice-Chair, Smart Growth and Urban Policy Committee, Section on Environment, Energy, and Resources, 2007-2009

Mississippi Women Lawyers Association, Charitable Liaison Director, 2007-2009

Accolades

Listed in Chambers USA, Environment, 2008-2019, 2022-2023 Young Lawyer of the Year, Mississippi College School of Law, 2007 Pro Bono Award, Hinds County Bar Association, 2006-2007 Metro Jackson’s Top 40 Under 45, 2007 Leadership Jackson, 2003-2004 Listed in Mid-South Super Lawyers, "Rising Star," General Litigation, 2013 Listed in Portico Jackson magazine, "Portico 10," 2015 Titan Tire of Natchez, Inc. v. Mississippi Comm’n on Environmental Quality, 891 So.2d 195 (Miss. 2004) Addressed penalties associated with water discharge violations from a tire manufacturing plant U.S. Dept. of Justice, U.S. Env’l Protection Agency and MS Dept. of Env’l Quality v. Genesis Crude Oil, L.P. and Genesis Pipeline USA, L.P. (S.D. Miss. 2004) Negotiated multi-million dollar settlement for release of inland oil spill and assisted in negotiating and drafting restoration plan First Specialty Ins. Corp. v. U.S. Aquaculture Licensing, 2008 WL 5382287 (N.D. Miss. 2008) Insurance coverage issue associated with a licensing agreement and the purchase and marketing of catfish; underlying action involving claims associated with loss of fish at a catfish farm U.S. ex rel. Rigsby v. State Farm Fire Ins. Co., 2008 WL 3874590 (S.D. Miss. 2008) Consideration of allegations brought under the False Claims Act Carpenter v. Rocky Mountain Radar, Inc., 2007 WL 551762 (N.D. Miss. 2007) Class action claim involving allegations of fraud and negligence associated with radar detector's accuracy and effectiveness Solid Waste Enforcement Action Negotiated settlement of enforcement matter brought by the Miss. Dep’t of Environmental Quality against a solid waste permit holder Wetlands Assessment and Evaluation Successfully defended commercial developer of multi-million dollar project against allegations of improper wetlands assessment filed with the U.S. Army Corps of Engineers Brownfield Redevelopment and Mississippi Economic Incentive Programs Assisted companies seeking to obtain approval to participate in Mississippi Brownfields and economic incentive programs, evaluating program benefits and coordinating activities with state agencies and local economic development organizations to identify available opportunities for new and/or expanding businesses in Mississippi Environmental Matters Involved in Acquisitions Advised on environmental issues associated with multiple acquisitions including representations and warranties, purchase agreements, indemnification agreements, and related matters Environmental Justice Study Served as Environmental Justice Counsel in a matter involving a U.S. Army Corps of Engineers flood control project State Environmental Permitting Matters Assisted developers and manufacturers in obtaining construction and operating permits, and advised on compliance issues associated with permits Due Diligence Reviews and Assessments Completed due diligence and related All Appropriate Inquiry reviews for innocent landowners and prospective purchasers for liability protection purposes Advised Client in Acquisition of Business Assisted client in the agricultural industry with multiple acquisitions of businesses valued at between $1 million and $80 million where such acquisitions involved significant environmental risks (chemicals). Participated in environmental portion of due diligence exercise, and prepared provisions concerning environmental issues for inclusion in the definitive purchase agreement Potential Acquisition of Natchez Property Provided opinion letter on potential environmental liability associated with property acquisition.