Jennifer A. Simon

Counsel

Atlanta, GA

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CONTACT INFORMATION

EMAIL: jsimon@kmcllaw.com

PHONE: 404-812-0126

Office Address:
1230 Peachtree Street, N.E.
Suite 900
Atlanta, GA 30309

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EDUCATION

Columbia University (J.D., 2005)
Williams College (B.A., 2002)

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BAR ADMISSIONS

Georgia
Illinois
Pennsylvania

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HONORS & RECOGNITION

Past Chair, Environmental Law Section of the Georgia Bar (2017)

Jennifer has engaged in a wide variety of environmental, toxic tort and product liability matters. Her litigation experience is varied and includes EPA and state agency cost recovery actions; private suits involving CERCLA, RCRA and various state counterpart statutes and common laws; state and federal enforcement actions; NEPA challenges; insurance coverage disputes; toxic tort and product liability actions; and extensive appellate practice. Jennifer has also represented clients participating in government rulemaking processes and rule challenges, including those involving state water quality standards, federal MACT rules, CWA regulations, ESA rules and determinations, and NPL listings. Jennifer has assisted companies across the nation in their environmental investigation and remediation efforts, both those conducted voluntarily through state cleanup programs and those mandated by judicial or administrative order, including the diverse permitting, contracting and regulatory aspects of managing large Superfund sites. She has particular expertise managing the cleanup of properties contaminated by former manufactured gas plants. She has been involved in transfers of contaminated properties as part of deals ranging from small brownfields sites to multi-billion-dollar mergers and acquisitions involving dozens of variously impacted properties, including railroads, dry cleaners, food processing plants, various agricultural operations, waste facilities and gas stations. Finally, she regularly assists clients in navigating the myriad environmental laws and regulations encountered in routine operations, including permitting and compliance with the CWA, CAA, RCRA, NEPA, EPCRA, ESA, NHPA, and TSCA.

Background & Education
Jennifer received her Bachelor of Arts, cum laude, from Williams College in Williamstown, Massachusetts, in 2002. She received her J.D. from Columbia Law School in New York in 2005. While at Columbia, she served as the Assistant Executive Editor of the Columbia Business Law Review and was a student clerk for Hon. Joanna Seybert, District Court for the Eastern District of New York.

Jennifer joined KMCL Law in 2011 after practicing environmental law and litigation at King & Spalding LLP in Atlanta and Mayer Brown LLP in Chicago. She is a member of the state bars of Georgia, Illinois and Pennsylvania.
Honors & Recognition
Past Chair, Environmental Law Section of the Georgia Bar (2017)
Publication & Speaking
Federal Regulatory Update, Waters of the U.S. (“WOTUS”), Southeastern Environmental Law & Regulation Conference, Destin, FL (June 16, 2017)
Clean Water Act Jurisdictional Pandemonium, Perspectives on Georgia’s Environment: A Publication of the Environmental Law Section of the State Bar of Georgia (Fall 2016)
Waters of the U.S. (“WOTUS”) Litigation and Rule Update, “Waters, Waters Everywhere,” Georgia Environmental Conference, Jekyll Island, GA (August 25, 2016)
CERCLA: Fight or Flight (Litigate or Settle), State Bar of Georgia, Environmental Law Section Summer Seminar, Hilton Head, SC (July 24-25, 2015)
Adjacency, Interrupted: Summit Petroleum Corporation v. U.S. EPA, Perspectives on Georgia’s Environment: A Publication of the Environmental Law Section of the State Bar of Georgia (Winter 2013)
Representative Experience
Advised gas utility companies on issues related to the remediation of former manufactured gas plant sites, including litigation and negotiations amongst CERCLA PRP groups and government agencies; related permitting and contracting; securing restrictive covenants; and obtaining site delisting from the NPL.

Drafted comments during the rulemaking process and engaged in litigation challenging the final rules issued under the CWA (including WOTUS), CAA (including the boiler MACT and the Clean Power Plan), ESA (including greater sage-grouse habitat), and CERCLA (including NPL listings).
Notably:

• Achieved the removal of a client’s property from the National Priorities List (NPL) on the basis of unlawful listing by filing a petition in the Court of Appeals for the D.C. Circuit. See Genuine Parts Co. v. Envtl. Prot. Agency, 890 F.3d 304 (D.C. Cir. 2018).

• In litigation over EPA’s Waters of the United States (WOTUS) rulemaking, successfully challenged the D.C. Circuit’s jurisdictional decision in the U.S. Supreme Court (see Nat'l Ass'n of Mfrs. v. Dep't of Def., 138 S. Ct. 617 (2018), requiring all challenges be brought in district court per the letter of the Clean Water Act).


Successfully defended against several CAA permit and NEPA challenges from citizens groups, including through appeals.

Advised numerous companies with respect to permitting and compliance issues, including those arising under the National Pollutant Discharge Elimination System (NPDES), Clean Water Act (CWA), Endangered Species Act (ESA), CERCLA, RCRA, Clean Air Act (including Title V), National Environmental Policy Act (NEPA), Emergency Planning & Community Right-to-Know Act (EPCRA), state property transfer acts, and environmental health and safety regulations.

Oversaw the environmental due diligence process and drafted and negotiated environmental terms for mergers and acquisitions and credit transactions on behalf of numerous companies, including several in the Fortune 50, and five large national banks, including for example, the multibillion dollar merger between Allied Waste Industries, Inc. and Republic Services, Inc., and multibillion dollar acquisitions involving railroad and dry cleaner properties throughout the United States and Canada.

Negotiated environmental terms and counseled clients in relation to real estate transactions involving Georgia’s brownfields program.

Advised several companies with respect to penalty mitigation and elimination through voluntary disclosure, and negotiated favorable settlements in numerous enforcement actions.

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