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Kurt A.
Kissling

  • Partner

If environmental law constitutes a niche legal practice, the Clean Air Act represents a niche-within-a-niche. Building on my engineering and chemistry background, I enjoy the legal, technical and strategic aspects of addressing the air-related issues facing my clients. Whether it’s developing a permit strategy that will withstand withering critique, determining how best to address a suspect stack test, or responding to a government investigation, I embrace the air permitting, compliance and enforcement challenges that await.

Kurt Kissling is an environmental attorney with decades of experience in all matters related to the Clean Air Act as well as its state and local counterparts, including permitting, compliance, enforcement and advocacy. Regional and national clients across a variety of industries rely on Kurt’s expertise to address complex air and waste matters that impact their operations.

“If I’m talking to a regulator in a particular state or region, I can share successful strategies from other jurisdictions, which can often bring valuable and practical alternatives to the table.”

Kurt

Environmental Counseling

  • Advising regulated clients with day-to-day permitting and compliance concerns across the country, including issues under the Clean Air Act, RCRA, EPCRA, the Clean Water Act, TSCA, CERCLA and their local equivalents.
  • Formulating air permitting strategies to account for New Source Review, air dispersion modeling. NESHAPs, NAAQS nonattainment, consent decree compliance and other variables.
  • Managing self-audits under federal and state laws, regulations and policies.
  • Assisting clients with internal programs to identify permitting projects and monitor ongoing compliance.
  • Conducting environmental due diligence for business sales and acquisitions.
  • Defending clients’ material managem

Environmental Counseling

  • Advising regulated clients with day-to-day permitting and compliance concerns across the country, including issues under the Clean Air Act, RCRA, EPCRA, the Clean Water Act, TSCA, CERCLA and their local equivalents.
  • Formulating air permitting strategies to account for New Source Review, air dispersion modeling. NESHAPs, NAAQS nonattainment, consent decree compliance and other variables.
  • Managing self-audits under federal and state laws, regulations and policies.
  • Assisting clients with internal programs to identify permitting projects and monitor ongoing compliance.
  • Conducting environmental due diligence for business sales and acquisitions.
  • Defending clients’ material management and waste recycling practices in various states and EPA, including securing regulatory approvals for proprietary practices.
  • Responding to agency information requests (e.g., under Clean Air Act§ 114 and CERCLA§ 104), including requests seeking testing of clients’ emission, ingredients and products.
  • Shaping federal, state and local laws and policy through stakeholder groups, petitioning for rule changes, commenting on proposals such as SIP rules, NAAQS designations. NESHAPs, climate change programs and hazardous/solid waste regulation.

Environmental Enforcement and Litigation

  • Defending clients targeted by U.S. Department of Justice investigations and enforcement actions, including NSR enforcement pursuant to EPA’s National Enforcement Initiatives, which has involved federal consent decree negotiation, implementation and litigation.
  • Assisting clients facing federal, state, and local noncompliance allegations (e.g., NOVs, FOVs, NFOVs) from Puget Sound to the Carolinas, from the California air districts to Massachusetts, and myriad jurisdictions in between.
  • Successfully litigating a challenge to a facility-specific RACT Order during a week-long trial before a state Pollution Control Hearing Board.
  • Defending and challenging clients’ permits in administrative and court proceedings, including a third-party air permit challenge that reached the state Court of Appeals.
  • Challenging NAAQS nonattainment designations before the U.S. Court of Appeals for the District of Columbia, in EPA petitions for reconsideration, and during state and federal rulemakings.
  • Defending an environmental remediation company from criminal and civil charges brought by the attorney general for violations of air, hazardous waste, and water laws.
  • Representing clients in CERCLA actions that included appeals to the U.S. Court of Appeals for the Eighth Circuit and the United States Supreme Court.

Civil Litigation Matters

  • Defending businesses against odor, dust, nuisance and diminution of property value claims brought by nearby residents.
  • Pro bono work for the ACLU, U.S. Department of Defense, Project Salute (representing military veterans with VA claims) and the Michigan Immigrant Rights Center.
  • “Clearing the Air in 2022,” State Bar of Michigan Environmental Law Section Virtual Conference, April 14, 2022
  • “Environmental Justice Impacts on Asphalt Mix Plant Operations,” 2022 NAPA Annual Meeting, January 25, 2022, Scottsdale, Arizona
  • “Environmental Justice Implementation,” 2021 Fall Joint Environmental Conference, Environmental Law Section of the State Bar of Michigan and the East and West Michigan Chapters of the Air & Waste Management Association, November 5, 2021
  • Introduction and Moderator, 2021 Fall Joint Environmental Conference, Environmental Law Section of the State Bar of Michigan and the East and West Michigan Chapters of the Air & Waste Management Association, November 3, 2021
  • “Clearing the Air in 2022,” State Bar of Michigan Environmental Law Section Virtual Conference, April 14, 2022
  • “Environmental Justice Impacts on Asphalt Mix Plant Operations,” 2022 NAPA Annual Meeting, January 25, 2022, Scottsdale, Arizona
  • “Environmental Justice Implementation,” 2021 Fall Joint Environmental Conference, Environmental Law Section of the State Bar of Michigan and the East and West Michigan Chapters of the Air & Waste Management Association, November 5, 2021
  • Introduction and Moderator, 2021 Fall Joint Environmental Conference, Environmental Law Section of the State Bar of Michigan and the East and West Michigan Chapters of the Air & Waste Management Association, November 3, 2021
  • “Legal Issues with Nonattainment Area Designations,” Virtual Annual Fall Joint Conference for the East and West Michigan Chapters of the Air & Waste Management Association and the Environmental Law Section of the State Bar of Michigan, November 12, 2020
  • “The Environmental Agenda Entering 2020,” OESA 2020 Automotive Suppliers Legal Hot Topics, February 12, 2020, Troy, Michigan
  • “Updates on Litigation and Policy Changes Under the Trump Administration,” West Michigan A&WMA Spring Conference, April 30, 2019, Grand Rapids, Michigan
  • Organized and hosted Clearing the Air in 2019: An Overview of Federal, Regional and State Air Quality Issues, April 11, 2019,  Lansing, Michigan
  • Organized and hosted Clearing the Air in 2018: An Overview of Federal, Regional and State Air Quality Issues, April 11, 2018, Lansing, Michigan
  • The Curious Case of Clean Air Act Civil Monetary Penalty Inflation, EUEC; March 5, 2018
  • Hot Topics in Air Quality, 2017 Joint Environmental Conference, November 8, 2017, Lansing, Michigan
  • Organized and hosted Clearing the Air in 2017: An Overview of Federal, Regional and State Air Quality Issues, April 13, 2017, Lansing, Michigan
  • Organized and hosted Clearing the Air in 2016: An Overview of Federal, Regional and State Air Quality Issues, April 14, 2016, Lansing, Michigan
  • Legal Developments Panel, 2015 Joint Environmental Conference, November 5, 2015, Lansing, Michigan
  • When and Why You Might Need an Environmental Attorney, Compliance Essentials for Manufacturers Program, Michigan Manufacturers Association, September 17, 2015, Lansing, Michigan
  • The National Ambient Air Quality Standards: How Did We Get Here and What Comes Next?, 2015 (108th) A&WMA Annual Conference, June 22, 2015, Raleigh, North Carolina
  • The State of the National Ambient Air Quality Standards in 2015, EUEC, February 17, 2015, San Diego, California
  • Organized and hosted Clearing the Air: An Overview of Federal, Regional and State Air Quality Issues in 2014, April 23, 2014, Lansing, Michigan
  • The State of the National Ambient Air Quality Standards, EUEC, February 3, 2014, Phoenix, Arizona
  • GHG Regulation Panel, 2013 Joint Environmental Conference, November 6, 2013, Lansing, Michigan
  • Federal Clean Air Act Reform: What We Want v. What We Can Get, Carolinas Air Pollution Control Association, October 17, 2013,  Myrtle Beach, South Carolina
  • The Future (Form) of Climate Change Policy and Regulation in the United States, A&WMA Climate Change: Impacts, Policy and Regulation 2013, September 9, 2013, Herndon, Virginia
  • The National Ambient Air Quality Standards: A Sustainable Program or a Runaway Train?, 2013 (106th) A&WMA Annual Conference, June 24, 2013, Chicago, Illinois
  • The State of the NAAQS, EUEC, January 29, 2013, Phoenix, Arizona
  • NAAQS Panel Discussion, The Evolving Environmental Regulatory Landscape, May 16, 2012, Lansing, Michigan
  • Organized and hosted Air Quality Regulations in 2011: Greenhouse Gases and Beyond, April 12, 2011, Lansing, Michigan
  • NAAQS: Keeping Up With The Runaway Train, EUEC, February 2, 2011, Phoenix, Arizona
  • NAAQS Standards, Designations, Implementation … Evolution?, EUEC, February 2, 2010, Phoenix, Arizona
  • Organized and hosted 2009 Joint Environmental Conference, November 5, 2009, Lansing, Michigan
  • The Lowered National Ambient Air Quality Standard For Lead: What You Don’t Know Could Hurt You, 2009 (102nd) A&WMA Annual Conference, June 16, 2009
  • NESHAP/MACT – Area Source Standards, 2008 Joint Environmental Conference, November 5, 2008, East Lansing, Michigan
Image for Kurt A. Kissling

Kurt A.
Kissling

  • Partner
Detroit

My admin

If environmental law constitutes a niche legal practice, the Clean Air Act represents a niche-within-a-niche. Building on my engineering and chemistry background, I enjoy the legal, technical and strategic aspects of addressing the air-related issues facing my clients. Whether it’s developing a permit strategy that will withstand withering critique, determining how best to address a suspect stack test, or responding to a government investigation, I embrace the air permitting, compliance and enforcement challenges that await.

Kurt Kissling is an environmental attorney with decades of experience in all matters related to the Clean Air Act as well as its state and local counterparts, including permitting, compliance, enforcement and advocacy. Regional and national clients across a variety of industries rely on Kurt’s expertise to address complex air and waste matters that impact their operations.

“If I’m talking to a regulator in a particular state or region, I can share successful strategies from other jurisdictions, which can often bring valuable and practical alternatives to the table.”

Kurt
  • “Clearing the Air in 2022,” State Bar of Michigan Environmental Law Section Virtual Conference, April 14, 2022
  • “Environmental Justice Impacts on Asphalt Mix Plant Operations,” 2022 NAPA Annual Meeting, January 25, 2022, Scottsdale, Arizona
  • “Environmental Justice Implementation,” 2021 Fall Joint Environmental Conference, Environmental Law Section of the State Bar of Michigan and the East and West Michigan Chapters of the Air & Waste Management Association, November 5, 2021
  • Introduction and Moderator, 2021 Fall Joint Environmental Conference, Environmental Law Section of the State Bar of Michigan and the East and West Michigan Chapters of the Air & Waste Management Association, November 3, 2021
  • “Clearing the Air in 2022,” State Bar of Michigan Environmental Law Section Virtual Conference, April 14, 2022
  • “Environmental Justice Impacts on Asphalt Mix Plant Operations,” 2022 NAPA Annual Meeting, January 25, 2022, Scottsdale, Arizona
  • “Environmental Justice Implementation,” 2021 Fall Joint Environmental Conference, Environmental Law Section of the State Bar of Michigan and the East and West Michigan Chapters of the Air & Waste Management Association, November 5, 2021
  • Introduction and Moderator, 2021 Fall Joint Environmental Conference, Environmental Law Section of the State Bar of Michigan and the East and West Michigan Chapters of the Air & Waste Management Association, November 3, 2021
  • “Legal Issues with Nonattainment Area Designations,” Virtual Annual Fall Joint Conference for the East and West Michigan Chapters of the Air & Waste Management Association and the Environmental Law Section of the State Bar of Michigan, November 12, 2020
  • “The Environmental Agenda Entering 2020,” OESA 2020 Automotive Suppliers Legal Hot Topics, February 12, 2020, Troy, Michigan
  • “Updates on Litigation and Policy Changes Under the Trump Administration,” West Michigan A&WMA Spring Conference, April 30, 2019, Grand Rapids, Michigan
  • Organized and hosted Clearing the Air in 2019: An Overview of Federal, Regional and State Air Quality Issues, April 11, 2019,  Lansing, Michigan
  • Organized and hosted Clearing the Air in 2018: An Overview of Federal, Regional and State Air Quality Issues, April 11, 2018, Lansing, Michigan
  • The Curious Case of Clean Air Act Civil Monetary Penalty Inflation, EUEC; March 5, 2018
  • Hot Topics in Air Quality, 2017 Joint Environmental Conference, November 8, 2017, Lansing, Michigan
  • Organized and hosted Clearing the Air in 2017: An Overview of Federal, Regional and State Air Quality Issues, April 13, 2017, Lansing, Michigan
  • Organized and hosted Clearing the Air in 2016: An Overview of Federal, Regional and State Air Quality Issues, April 14, 2016, Lansing, Michigan
  • Legal Developments Panel, 2015 Joint Environmental Conference, November 5, 2015, Lansing, Michigan
  • When and Why You Might Need an Environmental Attorney, Compliance Essentials for Manufacturers Program, Michigan Manufacturers Association, September 17, 2015, Lansing, Michigan
  • The National Ambient Air Quality Standards: How Did We Get Here and What Comes Next?, 2015 (108th) A&WMA Annual Conference, June 22, 2015, Raleigh, North Carolina
  • The State of the National Ambient Air Quality Standards in 2015, EUEC, February 17, 2015, San Diego, California
  • Organized and hosted Clearing the Air: An Overview of Federal, Regional and State Air Quality Issues in 2014, April 23, 2014, Lansing, Michigan
  • The State of the National Ambient Air Quality Standards, EUEC, February 3, 2014, Phoenix, Arizona
  • GHG Regulation Panel, 2013 Joint Environmental Conference, November 6, 2013, Lansing, Michigan
  • Federal Clean Air Act Reform: What We Want v. What We Can Get, Carolinas Air Pollution Control Association, October 17, 2013,  Myrtle Beach, South Carolina
  • The Future (Form) of Climate Change Policy and Regulation in the United States, A&WMA Climate Change: Impacts, Policy and Regulation 2013, September 9, 2013, Herndon, Virginia
  • The National Ambient Air Quality Standards: A Sustainable Program or a Runaway Train?, 2013 (106th) A&WMA Annual Conference, June 24, 2013, Chicago, Illinois
  • The State of the NAAQS, EUEC, January 29, 2013, Phoenix, Arizona
  • NAAQS Panel Discussion, The Evolving Environmental Regulatory Landscape, May 16, 2012, Lansing, Michigan
  • Organized and hosted Air Quality Regulations in 2011: Greenhouse Gases and Beyond, April 12, 2011, Lansing, Michigan
  • NAAQS: Keeping Up With The Runaway Train, EUEC, February 2, 2011, Phoenix, Arizona
  • NAAQS Standards, Designations, Implementation … Evolution?, EUEC, February 2, 2010, Phoenix, Arizona
  • Organized and hosted 2009 Joint Environmental Conference, November 5, 2009, Lansing, Michigan
  • The Lowered National Ambient Air Quality Standard For Lead: What You Don’t Know Could Hurt You, 2009 (102nd) A&WMA Annual Conference, June 16, 2009
  • NESHAP/MACT – Area Source Standards, 2008 Joint Environmental Conference, November 5, 2008, East Lansing, Michigan