Kevin S. Minoli

Clean Air Act, Energy, and Climate Change

• Represented a client before the Department of Energy regarding energy efficiency standards for consumer products, including counseling on requirements for certifying products and defending against alleged non-compliance.
• Represented a client in resolving prior Clean Air Act non-compliance at two newly acquired facilities.
• Counseled a client in a multimillion-dollar judicial Clean Air Act enforcement matter brought by the Department of Justice and EPA.
• Filed voluntary self-disclosures with the EPA related to potential non-compliance related to the Clean Air Act and advised clients regarding the corrective action requirements of EPA’s Audit Policy.
• Served as senior EPA counsel in Juliana v. United States, which involved claims that the government had violated the U.S. Constitution for failing to combat climate change.
• Provided legal advice to the EPA on petitions relating to Title V operating permits.
• Provided legal review of the President’s Executive Order on energy independence.
• Advise companies regarding the generation, registration, and sale of carbon offsets.

Chemicals and Pesticides

• Counseled multiple companies regarding regulatory requirements for adding antimicrobial protection to consumer goods.
• Advised companies bringing sanitizer and disinfectant products to market for the first time on compliance with EPA and FDA regulations.
• Defended a client against an EPA enforcement action alleging unauthorized import of consumer goods that made public health claims. Negotiated a novel resolution with federal regulators.
• Filed a voluntary disclosure of potential Toxic Substances Control Act non-compliance related to PCBs.
• Served as the Registered Agent for a company regulated by the EPA’s pesticide program.
• Developed the legal grounds for the EPA’s action addressing a petition to revoke tolerances for chlorpyrifos.
• Provided legal advice and support for new EPA rules issued under the updated Toxic Substances Control Act.
• Served as the lead EPA staff attorney for the re-registration of older pesticides and the agency’s initiative to complete this process by a statutory deadline.

Kevin Minoli leads Alston & Bird’s Environment, Land Use & Natural Resources Washington, D.C. practice, and is a member of the firm’s ESG, Cryptocurrency, and COVID-19 Response & Relief teams. Before Alston & Bird, Kevin spent 18 years with the Environmental Protection Agency (EPA), ultimately holding the highest-ranking career attorney position at the agency and serving as the EPA’s acting general counsel. Kevin served as legal counsel on the EPA’s programs nationwide, working extensively with the EPA’s regional offices. During his time at EPA, Kevin gained substantial experience with environmental laws and the regulations that implement them, and had extensive involvement with litigation at all levels of the court system, including several matters before the Supreme Court. Kevin spent several years as the EPA lead on congressional oversight matters, including preparing senior agency officials for hearings and other engagements with congressional committees, and frequently worked with a number of other agencies, including the White House, the Department of Justice, Department of the Interior, Army Corps of Engineers, and Department of Agriculture. Through knowledge, relationships, and experience he gained during his tenure at the EPA, Kevin effectively advocates on behalf of clients before the EPA and across the federal government and state government agencies.

An out gay man, Kevin has been a leader within the LGBTQ+ community and a champion for equal opportunity in the workplace.

Bar Admissions

• Oregon
• District of Columbia

Education

• Lewis & Clark College (J.D., 2000)
• Stonehill College (B.A., 1997)