Kyle W. Robisch

Associate
Robisch Kyle
Kyle Robisch is an environmental litigator and advisor with extensive experience ushering clients through all phases of project development. Kyle works with clients proposing complex projects, which often attract scrutiny from a range of interests, including regulators, interest groups, and other third parties. He represents a broad spectrum of clients, including Fortune 500 companies, public entities, and individual business owners. His clients span a range of industries, including mining, rail, and energy companies.

Kyle's experience runs the gamut of federal environmental laws and their state analogues, including the National Environmental Policy Act, the Clean Water Act, the National Historic Preservation Act, and the Endangered Species Act. He has also litigated novel federal constitutional and preemption claims in federal courts across the country, representing plaintiffs, defendants, and intervenors. Prior to joining Venable, Kyle served a two-year clerkship with the Honorable G. Kendall Sharp of the United States District Court for the Middle District of Florida. During his clerkship, he drafted numerous orders on dispositive motions and assisted the judge through all phases of civil and criminal trials and hearings.

As a result, Kyle has significant litigation experience, including pre-filing strategy analyses, taking and defending depositions, discovery management, administrative record review, motion practice, and expert work. He also works with clients to preserve issues for appeal and, if necessary, defend or overturn decisions in federal and state appellate courts.

Kyle also advises clients defending and challenging federal, state, and local permitting decisions in and out of court. In this capacity, he takes a holistic approach to project development, offering permitting advice, negotiating with regulators, and maximizing his clients' future litigation position.

Kyle currently serves as co-chair of the American Bar Association's Water Resources Committee. He has won several awards for his writing on the role of agency discretion in the administration and enforcement of environmental law.

Experience

Representative Matters

  • Counseling a mining company during its pre-project environmental review and defending its full range of federal and state permits in more than a dozen federal and state lawsuits
  • Representing a group of energy extraction and export companies in federal constitutional and statutory litigation against state agencies and elected officials in federal district court and courts of appeal
  • Representing a trade association in an appeal of a major EPA rule before the DC Circuit
  • Drafting multiple federal legislative proposals with an eye to eventual agency implementation and judicial review
  • Advising an energy extraction company during negotiation and implementation of a land exchange with the U.S. Forest Service
  • Counseling a railroad during its state environmental permitting process and ensuing administrative hearing process
  • Securing compensation for a commercial real estate company's environmental remediation costs
  • Assisting electric utility companies with RCRA compliance
  • Counseling a railroad during a state environmental agency's investigation of its railroad tie disposal process

Insights

Credentials
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Education

  • J.D. Vanderbilt University Law School 2014
    • Editor, Vanderbilt Law Review
  • B.A. magna cum laude University of Florida 2011
    • Phi Beta Kappa
    • College of Liberal Arts and Sciences Hall of Fame
    • J. Wayne Reitz Scholar

Bar Admissions

  • District of Columbia
  • Florida

Court Admissions

  • U.S. District Court for the District of Columbia

Clerk Experience

  • The Honorable G. Kendall Sharp U.S. District Court for the Middle District of Florida

Professional Memberships and Activities

  • Co-chair, Water Resources Committee, ABA Section on Environment, Energy, and Resources, 2017 - 2019
  • American Road & Transportation Builders Association
    • Environmental Committee
    • Transportation Law Committee
  • Florida Association of Environmental Professionals

Recognition
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  • Selected by the Land Use & Environmental Law Review (2019), a peer-reviewed compendium of the annual 10 best environmental and land use law articles – for Agencies Running from Agency Discretion (with J. B. Ruhl), 58 William & Mary Law Review 97 (2016)
  • Recipient, Burton Award for Distinguished Legal Writing – for Getting to the (Non)Point: Private Governance as a Solution to Nonpoint Source Pollution, 67 Vanderbilt Law Review 539 (2014)
  • Recipient, First Prize, American Bar Association, Section on Environment Energy & Resources, Public Lands Law and Policy Legal Writing Competition – for The NEPA Implied Exemption Doctrine: How a Novel and Creeping Common Law Exemption Threatens to Undermine the National Environmental Policy Act, 16 Vermont Journal of Environmental Law, 174 (2015)
  • Recipient, First Prize, California Bar Association, Criminal Law Section, Student Writing Competition on Criminal Law and Criminal Procedure – for Keeping the Peace and the Constitution: Balancing Community Caregiving Searches and the Fourth Amendment, California Criminal Law Journal (2014)

Community
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Personal Activities

  • Member, board of directors, Special Olympics District of Columbia (SODC)
  • Member, board of directors, Mount Vernon Triangle Community Improvement District
  • Chair and founder, SODC's Young Professionals Council
  • Member, Vanderbilt Law School (VLS) Alumni Admissions Program – interviews prospective VLS students in the Washington, DC area
  • Past Member, Florida House on Capitol Hill — "Florida's embassy in the nation's capital" — Young Ambassadors Council
  • Member, Venable Hiring Committee