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Floyd/Johnson help clients surmount environmental regulatory challenges and litigation – for mining, transportation, ag-biotech, and energy infrastructure and development projects


Washington, DC (February 12, 2013) – Venable LLP has added prominent environmental and regulatory affairs attorneys, Kathryn Kusske Floyd and Jay Johnson, to its Washington office. Ms. Floyd joins the firm as a Partner, and Mr. Johnson becomes Of Counsel.

Both attorneys arrive from the Washington office of Dorsey & Whitney.

Ms. Floyd and Mr. Johnson, who have practiced together for a decade, advise companies in the environmental compliance, regulatory and litigation aspects of large infrastructure and development projects. Their clients include leading names in agricultural biotechnology, mining renewable energy and transportation—including rail, intermodal, port, transit and aviation.

Ms. Floyd and Mr. Johnson are often called on to provide counsel regarding controversial projects that draw attention from regulatory agencies and outside groups threatening litigation or other disruptions. They regularly help clients shape strategic responses to such attention, and create a well-documented record that will minimize risk, advance approvals and, when necessary, beat back lawsuits. Many of these engagements arise when their clients’ projects face opposition under  environmental laws such as the National Environmental Policy Act, the Clean Water Act and the National Historic Preservation Act.

Ms. Floyd and Mr. Johnson appear before federal agencies on rulemakings, administrative proceedings, and policy issues, including the Department of Agriculture, the Department of Energy, the Department of Transportation, Environmental Protection Agency and the Surface Transportation Board, U.S. Army Corps of Engineers and the Advisory Council on Historic Preservation.

Ms. Floyd and Mr. Johnson have also amassed an impressive record of favorable court decisions on behalf of their clients, including two recent victories from the Ninth and Tenth Circuit Courts of Appeals. They frequently author amicus briefs in support of client positions in closely watched appellate showdowns over environmental and regulatory challenges to agency action, agricultural biotechnology and other disputes.

“Kathryn and Jay add an important dimension to our environmental and regulatory practice. They’ve enjoyed great success helping clients navigate politically charged, hot-button projects that often provoke opposition on multiple fronts,” explained Douglas Green, who chairs Venable’s Environmental Practice Group. “Yet none of the projects they’ve taken on has ever successfully been challenged in court – and that extends to more than 20 years of work for Kathryn. That’s an enviable track record, one from which our clients will benefit greatly.”

“Venable has one of the country’s marquee environmental and regulatory practices, with strengths in litigation and government advocacy, all of which fit perfectly with our practice and will greatly benefit our clients,” said Ms. Floyd. “The attorneys we’ve met are as experienced in courtroom strategy as they are on Capitol Hill and before key regulatory agencies. Our clients often need the full arsenal of support to ensure their success—Jay and I definitely have come to the right place.”

Ms. Floyd earned her J.D. from American University, Washington College of Law (1985) and her B.A. from Georgetown University in the School of Foreign Service (1980).

Mr. Johnson received his J.D. from the University of Virginia School of Law (2001) and his B.A. from Vanderbilt University (1998).


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Note: An American Lawyer 100 law firm, Venable serves corporate, institutional, governmental, nonprofit and individual clients throughout the U.S. and around the world. Headquartered in Washington, DC, with offices in California, Maryland, New York and Virginia, Venable LLP lawyers and legislative advisors serve the needs of our domestic and global clients in all areas of corporate and business law, complex litigation, intellectual property, regulatory, and government affairs. For more, visit www.venable.com.