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Kirsten L. Nathanson

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Areas of Focus

Overview

When companies face environmental regulatory enforcement—whether from the U.S. EPA, the DOJ, other government agencies, citizen activist groups, or other private parties—they turn to Kirsten Nathanson as a strategic and pragmatic legal advisor to navigate the myriad risks and drive toward efficient and positive outcomes. In addition to handling litigation encompassing citizen suit defenses; National Environmental Policy Act challenges; CERCLA remediation cost recoveries and defenses; Federal Insecticide, Fungicide, and Rodenticide Act actions; and EPA enforcement, Kirsten’s practice includes a focus on consensus-based dispute resolution and multilateral negotiations and mediation.

Kirsten also serves as a strategic counselor in emerging risk areas, including PFAS and environmental justice, particularly when they intersect with all forms of regulatory enforcement and dispute resolution. She supports clients across a range of industries, including energy, agricultural technology, and transportation.

Kirsten is co-chair of the firm’s Environmental Group and serves on the firm’s Management Board and Executive Committee.

Career & Education

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    • University of Pennsylvania, B.A., cum laude, 1992
    • The George Washington University Law School, J.D., with high honors, The Order of the Coif, 1998
    • University of Pennsylvania, B.A., cum laude, 1992
    • The George Washington University Law School, J.D., with high honors, The Order of the Coif, 1998

    • District of Columbia
    • Maryland
    • Supreme Court of the United States
    • U.S. Court of Appeals for the D.C. Circuit
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Tenth Circuit
    • U.S. District Court for the District of Colorado
    • U.S. District Court for the District of Columbia
    • U.S. District Court for the District of Maryland
    • District of Columbia
    • Maryland
    • Supreme Court of the United States
    • U.S. Court of Appeals for the D.C. Circuit
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Tenth Circuit
    • U.S. District Court for the District of Colorado
    • U.S. District Court for the District of Columbia
    • U.S. District Court for the District of Maryland

  • Professional Activities and Memberships

    • Fellow, American College of Environmental Lawyers (ACOEL)
    • Leadership Council, Environmental Law Institute
    • Past President, Women's Energy Network, Washington, D.C. Chapter
    • Past President, Energy & Mineral Law Foundation
    • Member, American Bar Association, Section on Environment, Energy & Resources

    Professional Activities and Memberships

    • Fellow, American College of Environmental Lawyers (ACOEL)
    • Leadership Council, Environmental Law Institute
    • Past President, Women's Energy Network, Washington, D.C. Chapter
    • Past President, Energy & Mineral Law Foundation
    • Member, American Bar Association, Section on Environment, Energy & Resources
Kirsten Nathanson has an environmental practice covering the full range of environmental statutes and regulations. She acts for clients in litigation and enforcement defense. 'Kirsten is viewed as an industry-wide go-to . . . for environmental litigation.’ ‘Kirsten is fantastic and very knowledgeable about environmental Superfund law.'

— Chambers USA, 2024

Kirsten's Insights

Client Alert | 6 min read | 08.20.24

EPA’s First Emergency Suspension in Nearly 40 Years Targets Pesticides Containing DCPA

On August 6, 2024, the Environmental Protection Agency (“EPA”) took the rare action of announcing the emergency suspension of all registrations for pesticide products containing the active ingredient dimethyl tetrachloroterephthalate (“DCPA” or “Dacthal”) under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). This is the first time in almost 40 years that EPA has issued an emergency suspension order.[1] EPA’s reasoning for the present action is that DCPA can cause adverse health effects in the fetuses of women exposed to DCPA....

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Representative Matters

Current representative matters include:

  • Serving as federal environmental counsel to several corporations across multiple facilities and CERCLA sites, including significant landfill and contaminated sediment waterway sites and allocation mediation proceedings.
  • Representing leading crop protection companies and national trade associations across a docket of litigation challenging product registrations under FIFRA; the Endangered Species Act; and the California Environmental Quality Act in California and D.C. federal district, state, and appellate courts.
  • Representing a major transportation company in defending a CERCLA cost recovery claim by the United States.
  • Representing a Fortune 50 company in the strategic management of legacy environmental liabilities.
  • Representing multiple clients in CERCLA and Resource Conservation and Recovery Act enforcement actions at the state and federal levels, including vapor intrusion, groundwater plumes, and ethanol production waste.
  • Serving as federal environmental regulatory and litigation counsel to multiple national trade associations.
  • Representing a Fortune 10 energy company in CERCLA contribution litigation against the United States.

 

Prior matters of note include:

  • Provided strategic counseling on Sustainability Accounting Standards Board standards for ESG disclosures, particularly with regard to endangered species.
  • Defended a large natural gas producer against threatened Clean Water Act citizen suits related to hydraulic fracturing operations in the Marcellus Shale.
  • Litigated the first Endangered Species Act citizen suit against a wind energy project.
  • Provided strategic and compliance counseling to a major power-generating facility on federal environmental regulatory requirements, such as EPA’s Coal Combustion Residuals Rule, including enforcement schemes and related litigation risk.
  • Represented a major mining company in multiple citizen suit litigation matters under NEPA and other federal laws challenging federal leasing and mine plan approval actions.
  • Defended a Fortune 50 company in a citizen group challenge to the company’s environmental remediation activities at a historic industrial facility.
  • Represented a coal company in a citizen suit brought under the RCRA and the Surface Mining Control and Reclamation Act related to the company’s handling and disposal of coal ash.
  • Defended a Clean Water Act criminal enforcement action against a private wastewater treatment corporation.
  • Litigated through trial a Clean Water Act citizen suit for a major animal agriculture corporation.
  • Served as national coordinating counsel to a Fortune 10 company in its toxic tort litigation.
  • Conducted an internal Clean Water Act investigation for a corporation related to historical development activities in wetlands.
  • Conducted regulatory litigation for the National Mining Association under the SMCRA and for agricultural trade associations under the Clean Water Act and Clean Air Act.
  • Conducted an internal investigation and a risk assessment for a Fortune 100 corporation related to the company’s remediation activities.
  • Defended EPA enforcement actions under CERCLA, including defense of unilateral administrative orders.
  • Conducted NEPA litigation for a land developer needing public lands access for a planned resort development.

Kirsten's Insights

Client Alert | 6 min read | 08.20.24

EPA’s First Emergency Suspension in Nearly 40 Years Targets Pesticides Containing DCPA

On August 6, 2024, the Environmental Protection Agency (“EPA”) took the rare action of announcing the emergency suspension of all registrations for pesticide products containing the active ingredient dimethyl tetrachloroterephthalate (“DCPA” or “Dacthal”) under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). This is the first time in almost 40 years that EPA has issued an emergency suspension order.[1] EPA’s reasoning for the present action is that DCPA can cause adverse health effects in the fetuses of women exposed to DCPA....

View All Insights

Insights

Client Alert | 6 min read | 08.20.24

EPA’s First Emergency Suspension in Nearly 40 Years Targets Pesticides Containing DCPA

Firm News | 8 min read | 08.15.24

The Best Lawyers in America 2025 Recognizes 42 Crowell & Moring Attorneys, Three Selected as Lawyer of the Year

Press Coverage | 06.20.24

Crowell & Moring Grows Belgium ESG Offering

Firm News | 9 min read | 06.06.24

Crowell Attains Leading Rankings in Chambers USA 2024
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Practices

Industries

Kirsten's Insights

Client Alert | 6 min read | 08.20.24

EPA’s First Emergency Suspension in Nearly 40 Years Targets Pesticides Containing DCPA

On August 6, 2024, the Environmental Protection Agency (“EPA”) took the rare action of announcing the emergency suspension of all registrations for pesticide products containing the active ingredient dimethyl tetrachloroterephthalate (“DCPA” or “Dacthal”) under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”). This is the first time in almost 40 years that EPA has issued an emergency suspension order.[1] EPA’s reasoning for the present action is that DCPA can cause adverse health effects in the fetuses of women exposed to DCPA....

View All Insights