Kevin P.Holewinski

Partner

(T) + 1.202.879.3797

Kevin Holewinski is a trial lawyer with 32 years of experience in litigating high-stakes environmental enforcement, climate change, and bankruptcy matters. Before joining Jones Day, he was a trial lawyer at the U.S. Department of Justice (DOJ) for seven years, where he tried cases in a variety of substantive areas, including environmental law, in courts in Alabama, Mississippi, Indiana, Illinois, Virginia, Washington, and the District of Columbia. Kevin received several awards for his trial work from both the Attorney General and the Environmental Protection Agency (EPA).

Kevin has successfully represented manufacturing, energy, chemical, and various other industry clients in multimillion dollar civil enforcement and public nuisance actions, Occupational Safety and Health Administration (OSHA), DOJ, and state criminal investigations, toxic tort litigation, and contractual indemnification disputes. He has extensive experience in air and groundwater contamination issues, human and ecological risk assessment, the science of climate change, as well as in the pursuit of "takings" and other claims against the United States. Kevin recently represented an auto manufacturer in connection with a major Clean Air Act civil enforcement action initiated by the DOJ as well as in connection with DOJ's parallel criminal investigation.

Kevin has long been recognized as one of the leading lawyers in his field by various publications, including Best Lawyers in America's 2020 edition for litigation-environmental. Kevin's success in obtaining the dismissal of various climate change tort lawsuits as well as litigating and resolving environmental issues arising from the Chrysler bankruptcy resulted in him being named by Law360 as an "Environmental MVP" (2012).

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Experience

  • Exide Technologies completes $1.1 billion comprehensive new financing and recapitalizationJones Day represented Exide Technologies, a global leader in stored energy solutions for the automotive and industrial markets, in connection with a comprehensive new financing and recapitalization transaction.
  • Nine Dragons Paper acquires Catalyst Paper Corporation for $175 millionJones Day advised Nine Dragons Paper in its $175 million acquisition of the Rumford, Maine and Biron, Wisconsin paper mills of Catalyst Paper Corporation.
  • Midwest Generation prevails on appeal of district court decision paring down Clean Air Act claim in DOJ suitJones Day assisted Midwest Generation, LLC ("Midwest Gen") and its parent, Edison Mission Energy ("EME"), in securing an appellate victory in a case involving an important question of statutory interpretation under the Clean Air Act ("CAA").
  • Exide Technologies enters into Purchase and Support AgreementJones Day represented Exide Technologies, a global provider of stored electrical energy solutions, in a Purchase and Support Agreement with key investors, pursuant to which, among other things: (i) certain investors purchased $80 million in aggregate principal amount of 7.25% Second Lien Senior Secured Convertible PIK Notes due 2025, (ii) Exide completed an offer to exchange up to $303.5 million in aggregate principal amount of its existing 11% First Lien Senior Secured Notes due 2020 for an equal principal amount of new first lien notes with extended maturity, and (iii) certain investors purchased $150 million in aggregate principal amount of 11% First Lien Senior Secured Notes due 2022 and 4,050,000 shares of Common Stock.
  • Alpha Natural Resources plan confirmed by U.S. Bankruptcy CourtOn July 12, 2016, the United States Bankruptcy Court for the Eastern District of Virginia entered an order confirming the Second Amended Joint Plan of Reorganization of Alpha Natural Resources, Inc. and 148 of its debtor affiliates, less than one year after Alpha, one of the largest coal companies in the United States, entered chapter 11 with liabilities of approximately $7.1 billion amidst the most challenging economic environment for coal producers in decades.
  • DENKA buys Neoprene polychloroprene business of DuPont™Jones Day advised Denki Kagaku Kogyo Kabushiki Kaisha (DENKA) in the purchase of the Neoprene polychloroprene business of DuPont™ by Denka Performance Elastomer LLC, a joint venture company owned 70 percent by DENKA and 30 percent by Mitsui & Co., Ltd.
  • IBM resolves claims related to alleged exposure to toxic emissionsJones Day client International Business Machines Corporation (IBM) resolved numerous claims brought by hundreds of current and former residents of Endicott, NY alleging personal injuries, diminution in property values, and other damages related to alleged vapor intrusion and historic air emissions in the area from IBM's former manufacturing facility.
  • NRG Yield acquires largest wind farm in North America for $2.5 billionJones Day advised NRG Yield, Inc. in the acquisition of the Alta Wind facility located in Tehachapi, California for $870 million, plus the assumption of $1.6 billion of non-resource project financings and subject to customary working capital adjustments.
  • EME Homer City secures major appellate victory in important Clean Air Act appealJones Day assisted EME Homer City Generation L.P. in securing an appellate victory in a case involving an important question of statutory interpretation under the Clean Air Act ("CAA").
  • Law professors succeed as amici curiae in major environmental case before U.S. Supreme CourtJones Day filed an amicus brief on behalf of eight law professors in Decker v. Northwest Environmental Defense Center, __ U.S. __, No. 11-338 (Mar. 20, 2013), an important environmental law case.
  • Enerflow Industries receives advice regarding compliance with new U.S. EPA regulationsJones Day advised Enerflow Industries, Inc. regarding compliance with newly implemented nonroad diesel engine emissions regulations and negotiated, on behalf of Enerflow, with the United States Environmental Protection Agency in connection with the company’s compliance.
  • Old Carco Liquidation Trust successfully resolves environmental challengeOn behalf of Old Carco Liquidation Trust, successor in interest to Chrysler LLC, Jones Day successfully resolved litigation by and against Old Carco as a result of the City of Kenosha, Wisconsin’s efforts to block the Trust’s disposition of a former Chrysler Engine Plant.
  • United Company prepares to defend Clean Water Act citizen suitJones Day is representing The United Company in connection with a Clean Water Act citizen suit notice received by the company alleging that it is responsible for coal mining related selenium discharges on a West Virginia property it owns but did not mine.
  • Xcel Energy obtains Ninth Circuit affirmation of dismissal of global warming claimsOn September 21, 2012, the Ninth Circuit affirmed dismissal of the federal common law public nuisance claims brought against Jones Day client Xcel Energy Inc. and numerous other energy companies by the Native Village of Kivalina, Alaska.
  • United Company supports Mingo Logan Coal Company as amicus curiae in important environmental case before D.C. CircuitIn September 2012, Jones Day filed an amicus brief before the D.C. Circuit on behalf of The United Company seeking affirmance of the lower court's determination that the Clean Water Act does not authorize the EPA to revoke a § 404 permit after it is issued.
  • Xcel Energy wins motion to dismiss in global climate change class action suit related to property damage caused by Hurricane KatrinaJones Day client Xcel Energy's motion to dismiss was granted in Comer v. Murphy Oil USA ("Comer II"), the global climate change litigation based on Hurricane Katrina, by Judge Louis Guirola, Jr., in the Southern District of Mississippi.
  • Midwest Generation obtains dismissal of two class action suits alleging damages from two Illinois coal-fired electrical generation facilitiesOn May 25, 2011, two groups of putative class plaintiffs filed separate lawsuits against Jones Day client Midwest Generation, LLC on behalf of themselves and others similarly situated alleging that client's operation, maintenance, and control of two of its Illinois coal-fired electrical generation facilities caused property and other damages.
  • EME wins dismissal of putative class action alleging violations of Clean Air Act and state lawJones Day is defending EME Homer City Generation, L.P. ("EME"), an independent electrical power producer, in an action brought in the U.S. District Court for the Western District of Pennsylvania by a putative class of private individuals.
  • EME obtains dismissal of federal suit alleging violations of Clean Air Act and related regulationsJones Day is defending EME Homer City Generation, L.P. ("EME"), an independent electrical power producer, in an action brought in the U.S. District Court for the Western District of Pennsylvania by the Department of Justice and the States of Pennsylvania, New York, and New Jersey.
  • Xcel Energy and other energy utilities obtain unanimous Supreme Court ruling blocking attempts by states and private land trusts to battle climate change through federal common law public nuisance lawsuitJones Day represented Xcel Energy, Inc. in connection with a global warming lawsuit brought by the Attorneys General of eight states and the city of New York and two private citizen groups against American Electric Power Co., Inc., Cinergy Corp., Southern Co., Xcel Energy Inc., and the Tennessee Valley Authority.
  • Speaking Engagements

    • December 15, 2015
      Executive Roundtable Series: The President's Last Stand: The Regulatory Environment in the President's Final Year
    • December 19, 2013
      2013 Speaker Series: Year-End Energy Litigation Update
    • December 12, 2013
      Executive Roundtable Series - A Year-End Legislative Roundup and Forecast
    • April 25, 2012
      Eye on Climate Change Litigation: Assessing Risk and Preparing for the Future Post-AEP v. Connecticut, 3d Annual Chemical Products Liability and Environmental Litigation Conference
    • June 7, 2012
      Jones Day Chicago 2012 MCLE University
    • March 1, 2012
      Debrief of the DC Circuit's Oral Arguments on EPA's GHG Rulemakings
    • May 5, 2011
      FTC's Greem Guides, Pay It Green Forum
    • April 27, 2011
      Climate Change Tort Litigation, 2d Annual Chemical Products Liability and Environmental Litigation Conference
    • December 15, 2010
      Executive Roundtable Series: A Year-End Legislative Roundup and Forecast
    • October 4, 2010
      Town Hall Discussion - The Future of Climate Action
    • January 22, 2010
      Preparing for Increased Litigation of Natural Damage Claims, Environmental Regulation and Enforcement, American Conference Institute’s Expert Forum
    • September 17, 2008
      Climate Change Litigation and Corporate Risk: Navigating in an Uncertain Climate
    • May 2, 2008
      Climate Change Litigation, panelist, Second Annual University of Washington School of Law Climate Change Conference: Solutions for the Northwest
    • March 5 – 8, 2008
      Climate Change Litigation and Corporate Disclosure, panelist, LECG XPRT Forum
    • November 14, 2007
      Climate Change Litigation, Environmental Law Institute's 16th Annual Boot Camp on Environmental Law
    • November 16, 2006
      Panel Discussion, Climate Change Goes To Court, 2006 Federalist Society's National Lawyers Convention, Panelists: Professor Richard Lazarus, Georgetown University Law Center; Jeffrey Clark, Kirkland & Ellis and former Deputy Assistant Attorney General for Environment and Natural Resources; and Kevin P. Holewinski, Jones Day. Moderator: Hon. Edith H. Jones.
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