Kevin G. Desharnais

Kevin Desharnais is an environmental litigator and counselor with more than 30 years of experience advising clients on environmental regulatory, enforcement, and transactional matters. His practice covers air and water permitting and enforcement, hazardous waste management, Superfund liability, contaminated site remediation, PFAS liability, and environmental litigation. He represents clients before federal and state courts and administrative agencies, including in citizen suits and permitting and enforcement disputes.

Kevin also advises on environmental due diligence and the allocation of environmental liabilities in corporate, real estate, and financing transactions. His renewable energy work includes wind, solar, clean coal, and power projects that involve NEPA, endangered species, migratory bird requirements, wetlands, and other environmental permitting considerations.

• Represented a chemical industry client in a New York State Superfund action and related contractual indemnification claim, obtaining summary judgment on liability that was affirmed by the New York Court of Appeals and subsequently negotiating settlements with the state environmental agency and on related indemnity claims
• Represented a steel manufacturer in the remediation and redevelopment of a former manufacturing site into the largest brownfield redevelopment project in the City of Chicago, including obtaining multiple no-further-remediation letters and negotiating environmental and insurance provisions
• Represented industrial and energy clients in federal and state air enforcement matters involving PSD, NSPS, NESHAP, Title V, and National Ambient Air Quality Standards, including citizen suits and EPA enforcement actions
• Represented manufacturing, energy, and real estate clients in Clean Water Act, wastewater discharge, wetlands, and environmental enforcement matters, including citizen suits, permitting proceedings, and natural resource damage claims
• Advised clients on environmental issues involving wind, solar, clean coal, and combined-cycle gas turbine projects, including compliance with NEPA, the Endangered Species Act, Migratory Bird Treaty Act, Clean Water Act wetlands requirements, and state-equivalent programs
• Advised clients on environmental liabilities and due diligence in real estate acquisitions, mergers, stock purchases, securitizations, debt offerings, and credit transactions

Presentations

• Presenter, “Legal Update on EPA’s Proposed Definition of Waters of the United States & Market Impacts,” 35th Annual Sustainability and Environmental Health & Safety Symposium, 10 March 2026
• Presenter, “The End of Chevron Deference – What the U.S. Supreme Court Ruling in Loper Bright Enterprises v. Raimondo Means for the Regulated Community,” 34th Annual Sustainability and Environmental Health & Safety Symposium, 23 April 2025
• Presenter, “Environmental Justice (EJ) and Environment, Social, Governance (ESG) Developments, Trends, and Impacts from Recent Rulemaking,” 33rd Annual Sustainability and Environmental Health & Safety Symposium, 19 March 2024
• Presenter, “Environmental Justice (EJ) and Environment, Social, Governance (ESG) Requirements – The Road Ahead,” 32nd Annual Sustainability and Environmental Health & Safety Symposium, 29 March 2023
• Presenter, “Environmental Justice (EJ) Initiative and What It Means for Your Facility,” 31st Annual Sustainability and Environmental Health & Safety Symposium, 29 March 2022
• Panel Moderator, “PFAS Webinar: PFAS Implications for Superfund,” 18 November 2020

Book Chapters

• “Site Remediation Program,” Environmental Law in Corporate and Real Estate Transactions, 2023 Edition, Illinois Institute for Continuing Legal Education, 1 March 2023
• “Site Remediation Program,” Environmental Law in Corporate and Real Estate Transactions, 2019 Edition,Illinois Institute for Continuing Legal Education, 22 May 2019
• “Site Remediation Program,” Environmental Law in Real Estate Transactions, 2014 Edition,” Illinois Institute for Continuing Legal Education, 28 March 2014
• “Site Remediation Program,” Environmental Law in Corporate and Real Estate Transactions, Update 2011,” Illinois Institute for Continuing Legal Education, 30 December 2011
• “Site Remediation Program,” Environmental Law in Corporate and Real Estate Transactions, 2007 Edition” Illinois Institute for Continuing Legal Education, 2007
• “Corrective Action of Land Contamination, Environmental Law in Illinois, Update, 2004,” Illinois Institute for Continuing Legal Education, 2004
• “Corrective Action of Land Contamination,” Environmental Law in Illinois, Illinois Institute for Continuing Legal Education, 2001

Articles

• Author, “D.C. Circuit Rejects Proposed Expansion of Associational Standing,” Dickinson Wright Client Alert, May 2026
• Author, “Key D.C. Circuit Decision Revives CAA Emergency Event Affirmative Defense,” Dickinson Wright Client Alert, September 2025
• Author, “Illinois Pollution Control Board Poised to Adopt Regulations Establishing PFAS Groundwater Standards ” Dickinson Wright Client Alert, Dec 2022
• Author, “The PFAS Roadmap: Pathway To Environmental Justice,” Dickinson Wright The Energy Blog, November 2021
•  Author, “Illinois EPA Proposes Groundwater Standards for 5 PFAS Compounds,” Dickinson Wright Client Alert, July 2021
• “USEPA Advances Toward Regulation of PFAS in Drinking Water,” Blog Post, 25 February 2021.
• “Illinois EPA Issues Health Advisories for Four Per- and Polyfluoroalkyl Substances (PFAS),” Blog Post, 9 February 2021.
• “Illinois Finalizes Regulations for Direct Implementation of Prevention of Significant Deterioration (PSD) Permitting under the Clean Air Act,” Blog Post, 23 September 2020.
• “Illinois EPA Proposes PFAS Standards,” Environmental Law & Policy Monitor, Blog Post,15 September 2020.
• “Illinois Pollution Control Board Schedules Second Round of Public Hearings on Proposed Regulations for Coal Ash Ponds,” Blog Post, 22 June 2020.
• “After the Stay-At-Home Order: Water Management Best Practices for Re-Opening Buildings,” Blog Post, 2 September 2020.
• “Trump Administration to Propose Narrowing “WOTUS,” Blog Post,10 December 2018.
• “Trump ‘Fat’ Budget Proposal Fleshes Out EPA Cuts,” Blog Post, 25 May 2017.
• “Trump Administration Proposes Additional Budget Cuts at U.S. EPA,” Blog Post, 30 March 2017.
• “Trump Administration’s Budget Proposal Calls for Steep Cuts at EPA,” Blog Post, 16 March 2017.
• “Initial Budget Discussions Include Significant EPA Cuts and Consolidation of Regional Offices,” Blog Post, 7 March 2017.
• “EPA’s Mercury Rule Cost Analysis Tees Up New Battles,” Law360, 19 April 2016.
• “4 Big Sticking Points of the Clean Power Plan,” Law360, 22 October 2015.
• “EPA Ignores Costs,” Rapid News Network, 4 July 2015.
• “High Court’s View of EPA Deference Unclear After Mercury Pollution, Health Care Rulings,” Bloomberg BNA Daily Environment Report, 1 July 2015.
• “Judges Skeptical of Challenge to Proposed E.P.A. Rule on Climate Change,” The New York Times, 16 April 2015.
• “EPA To Use Standing As Shield In Attack On Carbon Authority,” Law360, 14 April 2015.
• “EPA Cribs From High Court To Shield Expansive CWA Rule,” Law360, 26 March 2014.
• “EPA Response To 8th Circ. Ruling Invites Legal Trouble,” Law360, 3 December 2013.
• “EPA Poised To Drastically Expand Water Jurisdiction,” Law360, 20 November 2013.
• “Greenhouse Gas Limits Reinforced at Existing Facilities; NSPS Still a Big Concern,” Power Engineering, 6 July 2012.
• “FWS Unveils Guidelines For Assessing Wildlife Impacts,” North American Windpower, 18 May 2011.
• “Shaping the Renewable Fuels Industry Beyond 2010,” Energy Law 360, 2009.