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.