Representative Matters

Ms. Davis actively represents clients in mineral and environmental acquisitions, due diligence, permitting, enforcement and litigation matters under all federal, state and local laws, including SMCRA, CERCLA, RCRA, the Clean Water Act and the Clean Air Act.  She regularly defends clients against enforcement and permitting actions before the Kentucky Energy and Environment Cabinet's Office of Legal Services (the "Cabinet"), and the United States Environmental Protection Agency.  Representative matters include: 

• Arch Coal, Inc. - Successfully opposed efforts to classify certain areas as unsuitable for mining and regularly represents the company in matters involving SMCRA, the Clean Water Act and the Clear Air Act.
• ecoPower Generation-Hazard, LLC - Representation before the Kentucky State Board on Electric Generation and Transmission Siting in an application for a certificate to construct and operate a merchant electric generating facility utilizing wood biomass and byproducts.
• Natural Resources and Environmental Protection Cabinet v. Goodwin, et al., - Negotiated a consent decree involving dozens of PRPs with the U.S. EPA and successfully represented client in a companion state administrative matter involving multiple PRPs.
• Natural Resources and Environmental Protection Cabinet v. Primary Recovery Corp, et al. - Successfully represented client in a state Superfund action with multiple PRPs regarding an aluminum dross recovery site. Recovered majority of client's contribution by pursuing a claim against a PRP who sought bankruptcy protection.
• Nugent Sand Company - Successfully opposed administrative challenges to non-coal mining permit and companion actions before Kentucky circuit courts and the Kentucky Court of Appeals.
• Southdown, Inc., et al. v. Leslie S. Allen - Successfully represented clients with minimal contribution in a Superfund/RCRA action involving several hundred PRPs. The ultimate settlement was upheld by the 11^th Circuit Court of Appeals.
• Westlake Chemical Corporation - Represented client in numerous matters before the Cabinet including RCRA, water and air actions.
• Successfully represented manufacturing, industrial and mineral clients in numerous coal, non-coal, air, water and waste enforcement and permitting actions, including challenges to alleged violations and assessed penalties.

Representative Clients

• Aluminum Resources
• American Greetings
• Arch Coal, Inc.
• General Electric
• Koch Industries
• Nally & Hamilton Enterprises, Inc.
• Norfolk Southern Railway Company
• Nugent Sand Company
• Nutone, Inc.
• Sunoco
• TECO Coal
• Westlake Chemical Corporation

Professional Experience

• Public Hearing Coordinator for the Ohio Environmental Protection Agency

Education

1987 - J.D., University of Cincinnati College of Law (Order of the Barristers)

1983 - B.A., magna cum laude, Morehead State University

Seminars

Ms. Davis has written and made presentations for multiple professional groups including Professional Engineers in Mining,  National Symposium of Mining, Platts Annual Coal Properties and Investment Conference, Government Institutes, National Business Institutes, Kentucky Excellence In the Environment, Wyatt, Tarrant & Combs' Environmental Update, and other mineral and environmental law forums.

Publications

• "Process Safety Management, the Regulation of Highly Hazardous Chemicals," The Kentucky Manufacturer (November 1997)
• Co-author, "Waivers under SMCRA, Assuring Parity Between Estates,"  Eastern Mineral Law Foundation, 1991.
• "Valid Existing Rights, OSM's Long Awaited Rule," Inside Environment (October 1991)
• "The Mining Community and the New Clean Air Act Amendments," Inside Environment (July 1991)
• "Responding to a 1040E Request," Inside Environment (February 1991)
• "Valid Existing Rights, OSM Searching for a Definition," Inside Environment (May 1990)
• "Penalty Zero - Permit Revoked," Inside Environment (September 1989)
• "Valid Existing Rights - Court Restricts Property Rights," Coal Leader, February & March 2008
• Exiting the Coal Mining Business - Is It True That Death is the Only Way Out?
• Waste Management 2003 Annual Report
• Liabilities on Non-Permit Holders Under the Surface Mining Control and Reclamation Act
• Summer 2009 Environmental Newsletter
• Winter 2009 Environmental Newsletter

Professional Activities and Memberships

• Kentucky and American Bar Associations, Natural Resources, Energy and Environmental Sections
• Franklin and Fayette County Bar Associations
• Kentucky and Lexington Coal Associations
• Franklin County Chamber of Commerce
• Kentucky Chamber of Commerce
• Energy & Mineral Law Foundation
• Lexington Coal Exchange

Admissions

• Kentucky
• U.S. District Court, Eastern and Western Districts of Kentucky
• U.S. District Court, Northern District of Alabama
• U.S. Court of Appeals, Sixth and Eleventh Circuits

Civic Involvement

• Franklin County Humane Society (past director)
• Boy Scouts of America
• Girl Scouts of America
• Franklin County Public Schools, Parent Teacher Organization
• Franklin County Public Schools (various committees)