Kathleen M. Brill

Associate - Boston

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Contact Information

617.832.1229

617.832.7000

kbrill@foleyhoag.com Download vCard

Kathleen Brill concentrates her practice on complex environmental and land use matters. Kathleen leverages her experience in the environmental consulting and real estate development fields to assist her clients in acquiring, protecting, and developing properties. On behalf of her clients in the public, private, energy, institutional, and development sectors, she has handled matters related to environmental permitting, regulatory compliance, environmental insurance, and government investigations. She has helped clients acquire permits at the local, state, and federal levels. Kathleen has prepared filings for and appeared before numerous local, state, and federal entities, including conservation commissions, assessors’ offices, zoning boards of appeal, the Massachusetts Division of Conservation Services, Department of Conservation and Recreation, Department of Environmental Protection, Massachusetts Historic Commission and MEPA office, and the U.S. Army Corps of Engineers.

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Education:

  • Boston College Law School, J.D., magna cum laude, Order of the Coif, 2010
  • Harvard College, A.B., cum laude, 2004

Representative Experience

Energy Sector

  • Advising power plant operator on regulatory compliance with Clean Air Act and developing strategy to pursue permit modifications to facilitate more efficient operations
  • Assisting power plant operator in developing and implementing strategy to address water supply issues
  • Drafting inter-agency and private agreements for energy sector client to facilitate environmentally beneficial mitigation projects
  • Counseling energy sector client on project planning and development strategy, including preparation of materials for presentation to MEPA and the Energy Facilities Siting Board
  • Developing detailed analysis for transmission generation client of all local, state and federal permits required for construction
  • Preparing power plant operator’s response to EPA information request under Section 114 of the Clean Air Act

Development Sector

  • Representing marina operator in proceedings before the Massachusetts Department of Environmental Protection’s Office of Appeals and Dispute Resolution regarding waterways licensing
  • Counseling development sector client on pursuit of I-Cubed Infrastructure Financing
  • Assisting golf course owner in acquiring all necessary permits and agreements to redesign golf course in environmentally sensitive area including wetlands and endangered species habitat
  • Managing real estate holding company’s environmental insurance portfolio policy, including overseeing the addition of all new property acquisitions to the portfolio
  • Advising multiple real estate holding companies in solicitation, evaluation and selection of environmental insurance policies to protect holdings
  • Advising client on compliance with outdoor advertising regulations, including newly applicable electronic signage provisions, and successfully securing first permits issued under new regulations
  • Counseling property owner regarding remediation of contaminated site under the Massachusetts Contingency Plan, including managing environmental consultants and supervising insurance recovery
  • Representing industrial client in Superfund cleanup case
  • Representing industrial client in arbitration under the Massachusetts Oil and Hazardous Material Release Prevention Act, M.G.L. Chapter 21E

Non-Profit/Educational/Institutional Sector

  • Counseling non-profit museum regarding all aspects of permitting a new public park and developing strategies for funding same
  • Assisting educational sector client with all aspects of permitting a new boathouse and coordinating efforts of consultants on same
  • Advising institutional client on development of a strategy  to preserve and expand existing real estate holdings and evaluate potential future acquisitions

Private Sector

  • Counseling small property owner regarding development of a strategy to bring existing structures into compliance with wetlands and waterways regulations
  • Developing and executing strategy for small property owner to achieve goals of protecting oceanfront property, preserving future development rights, and reducing property taxes and successfully negotiating a conservation restriction, achieving a local property tax abatement, and obtaining a state conservation land tax credit

Public Sector

  • Assisting local redevelopment authority in negotiating agreements with private entities and making necessary zoning changes to facilitate downtown redevelopment project
  • Counseling local municipality regarding negotiation of agreements with private entities and state agencies to facilitate public/private smart growth development project

Honors

  • Lawyers’ Committee for Civil Rights Pro Bono Recognition Award (2014)
  • Boston College Law Review, Senior Editor
  • Boston College Environmental Law Society, Career Development Officer

Involvement

  • Fenway Civic Association, Vice President of the Board
  • Boston Bar Association, Environmental Section, Member
  • Women’s Bar Association, Member
  • Real Estate Bar Association, Member
  • Massachusetts Bar Association, Member
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals First Circuit