Kevin M. McGuire

BIOGRAPHY
Phone: (859) 288-2824 | Fax: (859) 252-0688 | Email: kmcguire@jacksonkelly.com
175 East Main Street, Lexington, KY 40507


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
 
Legal Experience
 
1984 - PresentJackson Kelly PLLC
 
Education
 
1984J.D.University of Kentucky College of Law
1981B.S.Washington and Lee University (VA) (Physics/Engineering)
 
Bar Admissions
 
1986Kentucky
1984West Virginia
 
Court Admissions
 
1990Supreme Court of the United States of America
1986U.S. District Court, Western District of Kentucky
1986U.S. Court of Appeals for Sixth Circuit
1986Kentucky Supreme Court
1986U.S. District Court, Eastern District of Kentucky
1984U.S. District Court, Southern District of West Virginia
1984West Virginia Supreme Court of Appeals

Professional Involvement:
  • Kentucky Bar Association
  • West Virginia State Bar
  • Fayette County Bar Association
  • Kentucky Coal Association, Environmental Committee

Community:
  • Washington and Lee University Alumni Admissions Program (Bluegrass Chapter), Chairman
  • First United Methodist Church
  • Greenbrier Golf & Country Club

Teaching and Lecturing:
  • Frequent Speaker on environment and mineral law issues
  • Presenter at the 33rd Governor's Conference on the Environment on the topic of Carbon Management and Policy

Writings and Publications:
  • "Avoidance of Disputes between Mineral and Surface Owners," Eastern Mineral Law Foundation, Annual Proceedings, 1988
  • "Environmental Law Update," Kentucky Mineral Law Center, Annual Seminar, 1989
  • "Impact of Hazardous Waste Regulation on the Coal Mining Industry," Kentucky Mineral Law Center, Annual Seminar, 1990
  • "Kentucky Regulation of Subsidence," American Mining Congress, Subsidence Seminar, 1990
  • "West Virginia Regulation of Subsidence," Eastern Mineral Law Foundation, Coal Mine Subsidence Special Institute, 1985
  • "The Legal Aspects of Subsidence," West Virginia Coal Mining Institute and the American Institute of Mining Engineers, Annual Fall Meeting, 1985
  • Sierra Club v. ICG Hazard, LLC, __ F.3d __, 2015 WL 643382 (6th Cir. 2015)
  • Kentuckians for the Commonwealth v. U.S. Army Corps of Engineers, 746 F.3d 698 (6th Cir. 2014)
  • Stephens v. American International Ins. Co., 66 F.3d 41 (2d Cir. 1995)
  • Bank One, Lexington, N.A. v. Woolum, 979 F.2d 71 (6th Cir. 1992), cert. denied, 507 U.S. 1005 (1993)
  • Morgan v. National Distillers & Chemical Corp., 900 F.2d 890 (6th Cir. 1990), cert. denied, 498 U.S. 890 (1990)
  • Stephens v. American Home Assurance Co., 811 F.Supp. 937 (S.D.N.Y. 1993)
  • Ward v. Harding, 860 S.W.2d 280 (KY 1993), cert. denied, 510 U.S. 1177 (1994)
  • Wright v. Sullivan Payne Co., 839 S.W. 2d 250 (KY 1992)
  • Albany Insurance Co. v. Stephens, 926 S.W.2d 460 (Ky.App. 1995)
  • Kirklevington Associates, Ltd. v. Kirklevington North Associates, Ltd., 848 S.W.2d 453 (Ky.App. 1993)
  • Hunters Ridge Homeowners Assoc. v. Hicks, 818 S.W.2d 623 (Ky.App. 1991)

Awards and Honors:
  • Named the Best Lawyers 2014 Lexington Environmental Law "Lawyer of the Year"
  • Selected by his peers for inclusion in The Best Lawyers in America® for Environmental Law, 2013-2018
  • Order of the Coif, 1984
  • Phi Beta Kappa, 1981
  • Graduated with High Distinction from the University of Kentucky, 1984
  • Graduated magna cum laude from Washington and Lee University, 1981
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