Kathryn Kusske Floyd
Kathryn counsels companies on strategies for responding to regulatory agencies and outside groups that threaten litigation or disrupt controversial projects. She shapes strategic responses and documentation strategies designed to minimize risk, advance approvals, and, when necessary, defend legal challenges. Kathryn has achieved favorable results for clients involved in disputes arising under the National Environmental Policy Act (NEPA), the Clean Air Act (CAA), the Clean Water Act (CWA), the National Historic Preservation Act (NHPA), and the Endangered Species Act (ESA).
Kathryn also advocates for clients in administrative proceedings, policy development, and rulemakings before federal agencies. She has appeared before the U.S. Department of Agriculture (USDA), Department of Transportation (DOT), Department of Energy (DOE), the Surface Transportation Board, Environmental Protection Agency (EPA), Army Corps of Engineers, and the Advisory Council on Historic Preservation.
Experience
Representative Matters
- Obtained licenses and permits for numerous freight and transit rail capacity enhancement and market extension projects throughout the United States
- Advises clients on cross-border transportation and energy infrastructure projects
- Counsels mining clients on the application of National Environmental Policy Act, the National Historic Preservation Act, the Clean Air Act, the Clean Water Act, Endangered Species Act and other environmental statutes to the development of new mining projects
- Achieved reinstatement of a suspended Clean Water Act mining permit
- Represents agricultural and biotech interests before the United States Supreme Court and other federal courts
Insights
Credentials
Education
- J.D. magna cum laude American University, Washington College of Law 1985
- Law Review
- B.S. magna cum laude Georgetown University, Walsh School of Foreign Service 1980
Bar Admissions
- District of Columbia
- Maryland
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals for the District of Columbia
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the District of Columbia
Clerk Experience
- U.S. Court of Appeals for the District of Columbia Circuit 1985 - 1986
Recognition
- Legal 500, Industry Focus - Environment: Regulatory, 2022