Kerri L. Barsh practices environmental compliance including permitting, enforcement and litigation, and land use law. Kerri has represented public and private clients on environmental issues including mold, hazardous waste regulatory and liability matters; wetlands and coastal permitting; air quality permitting; petroleum product contamination; and other compliance and enforcement matters. Areas of Concentration · Environmental compliance, permitting, enforcement, including litigation · Transactional environmental work (drafting and negotiation of reps and warrants, disclosures, and indemnities) · Mold (from the drafting of mold addenda and various contractual provisions, hiring of consultants, remedial assistance, and litigation) · Administrative litigation (permitting, rule making, and enforcement-related) · Petroleum product and dry cleaning contamination · Electrical generation facilities (power plant siting and regulation) · Limestone rock mining, ancillary uses, blasting issues, zoning, and permitting · Land use and comprehensive plan approvals, including litigation · Landfills (siting, permitting, and related regulatory matters) · Legislation drafting (both bills, ordinances and rules) Significant Representations · Leader of 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 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 IVAX Corporation in its merger with TEVA Pharmaceutical Industries Ltd., which created the largest generic drug company in the world. · Represents public and private clients on wide array of environmental issues, including hazardous substance regulatory and liability matters; wetland and stormwater management permitting; air quality permitting; petroleum product and dry cleaning solvent contamination; and other general compliance and enforcement matters. · 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. · Represents electrical generation companies in connection with due diligence, zoning approvals, environmental permitting and related matters. · Represents 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. · Represents the City of Miami and Hillsborough County as special counsel relative to multiparty Superfund sites. Professional & Community Involvement · Chairperson, Employment Relations Committee, facilitates in-house training programs for the firm at large and the Environmental and Land Use Practice · Hiring Partner for the firm, 1999-2001 · Member of the firm's Recruiting Committee, Finance Committee, Hiring Committee, Intake Committee, and Orientation Committee · Member, American Bar Association · Former Member, Board of Directors, Women's Emergency Network · Former Member, Executive Council, Miami Bridge Awards & Recognition · Listed, The Best Lawyers in America, 2007-2012 · Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2007-2011 · Selected, one of 25 "Influential Business Women of 2011," South Florida Business Journal · Listed, "Top Impact Law Leaders," Business Leader magazine, 2010 · Listed, Real Estate, Who's Who Legal: Florida 2008 · Selected, Super Lawyers magazine, 2007-2011 · Listed, "Most Effective Lawyer - Lobbying/Land Use Category," Daily Business Review, 2006 · Rated, AV® Preeminent™ 5.0 out of 5 Articles, Publications, & Lectures Articles · 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 Miscellaneous · "Greenberg Traurig's Summer Associate Program Ranks Among the Top 5 in the Nation," GT Press Release, January 14, 2002 · "Where the Action Is," lawschool.westlaw.com, March 2001 |