Kathryn Kusske Floyd

Partner

Kathryn Floyd is an environmental attorney with extensive experience representing clients in environmental and regulatory affairs, and in litigation-related issues associated with infrastructure and development projects. Kathryn’s clients include leading businesses in the agricultural, biotechnology, transportation, mining, and renewable energy sectors. She has amassed an impressive record of favorable court decisions on behalf of her clients, and often works with industry coalitions to challenge federal agency actions.

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
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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