Kaitlyn focuses her practice on environmental enforcement and litigation across a wide range of industries and issues.
She has experience with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the National Environmental Policy Act (NEPA); and California’s Environmental Quality Act (CEQA), and routinely assists clients in navigating the interaction between state and federal laws in these areas. She also handles administrative appeals for employers under California’s Occupational Safety and Health (Cal/OSHA) program and has guided companies through the use of California writ petitions to challenge agency actions.
Kaitlyn also assists diverse industries in making strategic decisions before litigation is initiated to either resolve the conflict through early communications with the regulating agency or, if necessary, take action to preserve legal case theories. In particular, she provides advice to product manufacturers and trade associations under multiple California Extended Producer Responsibility (EPR) regulatory schemes.
Her representative experience includes:
- Served on a litigation team that secured a summary judgment ruling that struck down a local ban on the use of United States Environmental Protection Agency (EPA) and state-approved pesticides on private lawns.
- Represented a covered entity in litigation challenging regulation promulgated by the California Air Resources Board under the State Cap-and-Trade program.
- Served as a member of a common counsel team for a Potentially Responsible Parties (PRP)-group at a Superfund sediment site in Northern California.
- Helped to secure a ruling of first impression that the completion of the decision making process under NEPA constitutes a changed circumstance such that a previously-issued injunction was found to be legally deficient.
- Challenged the EPA’s selected remedy as inconsistent with the National Contingency Plan in CERCLA cost recovery litigation.
- Secured a favorable settlement for an employer in a Cal/OSHA administrative appeal resulting in the dismissal of all “serious” citations issued against the employer.
- Developed a summary and analysis of medical/infectious waste regulations in all fifty states and advised on litigation strategies related to EPR mandates in California.
Kaitlyn is active in the San Francisco Bar Association Environmental Barristers section and volunteers with Californians Advancing Civic Education, an organization that supports high school civics programs. From 2017-2018, Super Lawyers named Kaitlyn a “Rising Star” in California.
- Elon University (B.A., summa cum laude, 2008)
- Political Science
- Boston College (J.D., cum laude, 2011)
- U.S. Court of Appeals - Ninth Circuit
- U.S. District Court - Central District of California
- U.S. District Court – Eastern District of California
- U.S. District Court – Northern District of California
- U.S. District Court – Southern District of California
- U.S. District Court – Western District of Michigan