For nearly 30 years, Ms. Kroesche has assisted a wide variety of clients on all aspects of environmental law, and has helped them identify environmental risks, strategically handle environmental challenges and successfully manage their environmental operations. As a California-based attorney, she also has significant experience in understanding, advising on and negotiating environmental matters unique to the regulatory climate in California and other western states, including with respect to California’s groundbreaking initiatives addressing climate change.
Ms. Kroesche regularly advises clients on the environmental opportunities and risks associated with U.S. and international corporate, financing and securities transactions, and has worked on hundreds of such matters over the course of her career, including mergers and acquisitions, divestitures, joint ventures, financings, and public and private offerings for a diverse group of clients. In any given transaction, Ms. Kroesche may assist clients with evaluating environmental liabilities and compliance challenges, developing environmental risk allocation strategies, negotiating contract provisions and other relevant instruments, and advising on or managing post-closing environmental compliance and regulatory matters, including supervising and coordinating site investigations and remediation, and completing necessary regulatory filings. Ms. Kroesche’s experience covers a wide range of industries and ventures, including, for example, chemical (Huntsman Corporation, Canada Malting) and pharmaceutical (Endo Pharmaceuticals, Nitto Denko) manufacturers; agricultural operations (Sun World); high-tech (LSI) and heavy industry (GFI) manufacturers; petroleum (Occidental Petroleum) and transportation (CFI) companies; alternative energy development and production (solar, wind, geothermal, biomass, hydropower, and ethanol, among others) (AES, Pattern Energy); hazardous (Horsehead) and nuclear waste (EnergySolutions) operators; investment and venture funds (Calera Capital, Veritas); communications (Frontier Communications); and commercial (Steinway, DEXUS) and retail (Albertson’s) enterprises.
Compliance and Regulatory Experience
She has supervised and coordinated site investigations and remediation, and has represented clients in judicial and administrative proceedings. Ms. Kroesche has conducted property and facility assessments, and has evaluated and advised on environmental compliance and permitting under federal, state and local land use, air, water, and hazardous waste management and cleanup laws. Ms. Kroesche’s efforts have included helping clients develop and implement strategies to address disparate stakeholder interests and evaluate and resolve complex and sometimes conflicting environmental concerns. Over the past several years, Ms. Kroesche has advised the United States Department of Energy, IPS Corp., Penn Gaming, Plum Creek Timber, Revel Entertainment and Safety-Kleen, among other clients, on various compliance and regulatory matters, and on project documents and multiparty agreements associated with alternative energy, traditional fuels production, facility siting, project expansion, dispute resolution, corporate compliance, governmental inquiries and third-party allegations.
Ms. Kroesche has been a speaker at numerous venues, and has written on a wide range of issues relating to environmental law. She is a contributing author to the California chapter of a leading national treatise on brownfields law. Ms. Kroesche is an adviser to and former chair of the Environmental Law Section for the State Bar of California. She is a certified mediator with advanced certification in complex environmental dispute resolution and facilitation.
Ms. Kroesche has been nationally recognized for her pro bono work on behalf of survivors of domestic violence. She was the lead attorney in setting precedential law, and has been recognized in both judicial and congressional proceedings for her work, establishing violence against women as a legal basis for asylum in the United States, and continues to serve as a mentor to other attorneys and advocates in similar matters.