Kyle E. Foote

An environmental lawyer, Kyle advises clients on the federal and state laws regulating air, water, hazardous substances and wastes, and natural resources. He represents companies large and small before the Environmental Protection Agency (EPA) and state environmental agencies to advise on regulatory compliance and move business forward. He represents clients in diverse sectors, including manufacturing, energy and electric utility, real estate (acquisition and development), mining, propane and petroleum storage and distribution, telecommunications, finance and banking.

Kyle develops creative solutions to environmental issues arising in business and real estate transactions. He performs critical environmental due diligence, obtains construction and operating permits for facilities, and advises clients on liability exposure and risk mitigation strategies. Kyle represents clients during on-site inspections and investigations by the EPA and state environmental agencies, and coordinates audits, investigations and responses under environmental laws. He works with environmental consultants to oversee investigation and remediation of contaminated properties, and with state voluntary cleanup and tank insurance fund programs.

Kyle has substantial experience with the environmental aspects of data center development in at least 13 states over the past 10 years, including coordination and analysis of Phase I Environmental Site Assessments and Phase II Investigations, and providing advice relating to the remediation of contaminated sites and risk mitigation strategies. He analyzes and provides advice relating to cultural resources studies, threatened and endangered species reports, wetland delineations and air emission modeling. In addition, Kyle reviews and provides responses to community concerns and opposition relating to data center development, facilitates stormwater and wetland permitting, advises on the avoidance of sensitive habitats and jurisdictional streams and wetlands, drafts and negotiates wetland mitigation credit agreements, and negotiates environmental provisions in leases and transactional agreements.

Formerly an environmental attorney for an international engineering company, Kyle managed environmental permitting and compliance for domestic and international electric generation facilities and other industrial projects.  He offers environmental regulatory experience in more than 35 states, and has experience working with EPA, Corps of Engineers, US Fish & Wildlife Service, and state environmental and natural resources agencies.