Kerri L. Barsh represents public and private clients on an array of environmental regulatory, permitting and litigation matters, including transactional support and due diligence, environmental assessment and liability matters, energy and infrastructure projects, wetlands and coastal permitting, complex land use projects, air quality matters, hazardous materials contamination, and other compliance and enforcement cases.
Areas of Concentration
· Environmental compliance, permitting, enforcement, including litigation support
· Transactional environmental work (counseling, due diligence, drafting and negotiation of reps and warrants, disclosures, and indemnities)
· Energy and infrastructure projects, including due diligence, permitting, and NEPA review
· Natural resource mining, permitting and siting
· Brownfields counseling and development
· Electrical generation facilities (power plant and transmission line siting)
· Air quality matters (drafting of contractual protections, remedial assistance and litigation support)
· Land use and comprehensive plan approvals, including litigation
· Landfills (siting, permitting and related regulatory matters)
· Legislation drafting (statutes, ordinances and rules)
· Administrative litigation, including rule-making and permitting challenges
Professional & Community Involvement
· Former Board Member, Law360, Environmental Editorial Board
· Former Board Member, Women's Emergency Network, Board of Directors
· Former Member, Miami Bridge, Executive Council
· Greenberg Traurig
- Former Chair, Environmental and Land Use Practice, Employment Relations Committee
- Member, Recruiting Committee, Finance Committee, Hiring Committee, Intake Committee, and Orientation Committee
- Hiring Partner, 1999-2001
· Member, American Bar Association, Environment, Energy & Resources Section
· Member, Builders Association of South Florida
· Member, Miami-Dade Limestone Products Association
· Member, National Stone, Sand & Gravel Association, Council of Counsel
· Trustee, Florida Atlantic Builders Association
Awards & Recognition
· Listed, The Best Lawyers in America, Environmental Law; Land Use & Zoning Law; Litigation - Environmental; Litigation - Land Use & Zoning; Natural Resources Law, 2007-2014
- "Lawyer of the Year," Miami Litigation - Environmental Law, 2013
· Shortlisted, Euromoney Legal Media Group, Americas Women in Business Law Awards, "Best in Environment," 2013
· Listed, Chambers USA Guide, 2007-2013
· Listed, Super Lawyers magazine, Florida Super Lawyers, 2007-2013
· Member, Winning Team, ACG New York Champions Awards, Energy, 2012
· Selected, South Florida Business Journal, one of 25 "Influential Business Women," 2011
· Listed, Business Leader magazine, "Top Impact Law Leaders," 2010
· Listed, Who's Who Legal: Florida, Real Estate, 2008
· Listed, Daily Business Review, "Most Effective Lawyer - Lobbying/Land Use Category," 2006
· Rated, AV Preeminent® 5.0 out of 5
· Leader of the Greenberg Traurig Environmental team that represented MAT Concessionaire, LLC and its sponsors, Meridiam Infrastructure Fund and Bouygues Travaux Publics, S.A., in the Port of Miami Tunnel project, one of the first greenfield public-private partnerships in the United States.
· Represented the petitioner in a pivotal admiralty jurisdiction case before the U.S. Supreme Court, with oral argument to occur on October 1, 2012.
· Represented several national rock mining companies in federal, state and local wetlands permitting and associated litigation over quarries in the Lake Belt region of Miami-Dade County, Florida, which included serving as industry spokesperson with the media, as well as liaison with the environmental agencies and local government.
· Represented wind energy company in connection with environmental permitting with the federal agencies in connection with its 200 megawatt wind farm project.
· Represented commercial real estate and railroad company Florida East Coast Industries (FECI) in its $3.5 billion merger transaction, in which FECI has been acquired by a company formed by certain private equity funds managed by affiliates of Fortress Investment Group LLC.
· Represented Greenwich Air Services in $1.8 billion, three-party merger; served as chief environmental counsel who drafted and negotiated the environmental reps and warranties and indemnities; oversaw environmental due diligence and compliance activities, including supervision of five regional environmental consulting teams.
· Represented developers, builders, building owners/operators, and lenders in connection with mold-related concerns, including preventive advice; development of mold protocols; drafting of mold addenda; disclosures and risk shifting instruments; hiring and supervision of mold experts; analysis of mold-related legislation; and pursuit of insurance claims.
· Represented electrical generation companies in connection with due diligence, zoning approvals, environmental permitting and related matters.
· Represented several large pension funds, REITs, and developers in environmental and land use due diligence efforts.
· Represented several large developers in land use related litigation, both judicial and administrative, including defense of land use plan amendments and developments of regional impact.
· Represented Broward County in its air permitting and power plant site certification for the north and south resource recovery facilities.
· Represented the City of Miami and Hillsborough County as special counsel relative to multiparty Superfund sites.
Publications & Presentations
Articles, Lectures & Publication s
· Quoted, "Split Supreme Court Sides With Florida Property Owner," Daily Business Review, June 26, 2013
· Quoted, "Supreme Court Gives Landowners Big Win in Florida Case," The Miami Herald, June 25, 2013
· Quoted, "Supreme Court Sides with Florida Landowner in Permit Fight," The News Service of Florida, June 25, 2013
· Quoted, "High Court Wetlands Ruling Could Force Permitting Delays," Law360, June 25, 2013
· Quoted, "Private-Public Partnerships: The Way To Get Large Projects Done," Daily Business Review, June 3, 2013
· Quoted, "Justice Watch: U.S. Supreme Court May Use Florida Case To Redefine Property Rights," Daily Business Review, May 20, 2013
· Quoted, "EPA, Fla. Reach Deal Over State Water Nutrient Limits," Law360, March 18, 2013
· Quoted, "Florida Producers Win Right to Mine: Florida's Aggregate Industry Overcomes Strong Opposition and Wins the Right to Mine Reserves in South Florida," Rock Products, 2010
· Quoted, "Army Corps Re-Permits Lake Belt Rock Mines," South Florida Business Journal, January 2010
· Quoted, "EPA: Deny 9 Rock Mining Permits in Miami-Dade," The Miami Herald, June 2009
· Author, "Pre-Empting Liability Issues," Area Development Magazine, September 2003
· Author, "Developer Liability in the Toxic Mold Arena: Recent Trends and Issues," Southeast Real Estate Business Magazine, August 2003
· Quoted, "An Ounce of Prevention," Realty Magazine Online, August 8, 2002
· Author, "Toxic Mold: What You Should Know About It and What You Can Do About It," Real Estate Issues Magazine, Summer 2002
· Presenter, "Protecting Environmental Permits from Legal and Other Attacks," 27th Annual Environmental Permitting Summer School, Florida Chambers, July 18, 2013
· Interview, "Property Rights Supreme Court Case," WPBT2's Issues, May 17 and 19, 2013
· Speaker, "Part I: The Evolving World of Confiscatory Takings: Understanding the Path, as It Is Not Necessarily a Straight One," ABA's 24th Annual Spring CLE Symposia, Washington, D.C., May 2, 2013
· Quoted, "Greenberg Traurig's Summer Associate Program Ranks Among the Top 5 in the Nation," GT Press Release, January 14, 2002
· Author, "Where the Action Is," lawschool.westlaw.com, March 2001