Overview
Mary Katherine helps manufacturers, real estate developers, lenders, local governments, and other clients find creative solutions in real estate, financing, and corporate transactions involving environmental risk.
Mary Katherine regularly leads her real estate clients through the process of obtaining brownfields agreements for redevelopment of contaminated properties. She negotiates agreements with environmental agencies and counsels clients on eligibility, assessment, tax benefits, and effective structuring of associated real estate and financing transactions.
She also counsels manufacturers, lenders, and other corporate clients on a broad range of environmental risk and compliance issues. Her work in this area includes release investigation and remediation oversight, incident closure, environmental permitting, audits, reporting, and self-disclosure, participation in CERCLA potentially responsible party (PRP) negotiations, appeals of agency orders and negotiation of consent orders, defense of notices of violation and enforcement actions, assistance with hazardous and solid waste and materials handling and disposal practices, stormwater and wastewater management issues, advice on the rapidly changing topics of emerging contaminants, state and federal wetlands and other natural resource issues, and other aspects of regulatory compliance across a variety of state and federal regulatory programs.
Mary Katherine is an experienced litigator in federal, state, and administrative courts. She has represented clients in disputes over contamination, water quality and sedimentation issues, PFAS, landfills, asbestos-containing materials, underground storage tanks, as well as citizen suits, criminal investigations, and a variety of other environmental issues.
“She’s practical, knows the substance very well, and could get down to the issues quickly,” one of Mary Katherine’s clients told Chambers USA, which develops rankings using in-depth interviews and objective research. Another client praised her ability to navigate what can be a complex regulatory landscape: “Mary Katherine helped break down the walls and get the process moving.”
Representative Experience
The following examples are representative of the attorney’s practice and are not intended to indicate or predict similar results can be obtained for other clients. See Disclaimer
- Obtained numerous Brownfields agreements and associated tax incentives on behalf of clients redeveloping contaminated sites, including high-density residential and commercial sites valued up to more than $600 million. Her projects involve the development of various multifamily residential, hotel, office, governmental, hospitality, community development and industrial projects, including the transformation of former landfills, manufacturing facilities, drycleaners, and gas stations into high-density developments and adaptive reuse projects
- Advised lenders on environmental aspects of loan initiation, foreclosure, and bank-owned property portfolios
- Counseled manufacturers in managing environmental risk associated with legacy assets, sale and purchase of assets with post-closing remediation and indemnification claims and obligations
- Guided renewable energy developers and investors on environmental issues in connection with large-scale renewable energy project portfolios
- Represented clients on a broad variety of environmental subjects, including endangered species, coastal and cultural resources, wetlands issues, PFAS and other emerging contaminants, National Environmental Policy Act (NEPA) issues, Section 401 water quality certifications, wastewater and stormwater discharge issues, hazardous and solid waste management, vapor intrusion issues, PCBs, chemical reporting and handling requirements, administration of North Carolina's Dry Cleaning Solvent Cleanup Act Program, issues involving underground and aboveground storage tanks and pre-regulatory and operating landfills, environmental insurance, HUD compliance, and statutory environmental property transfer requirements
Notable
Notable
- Fellow of the American College of Environmental Lawyers, Class of 2023
- Chambers USA – North Carolina, Environmental Law, 2017-2024
- Best Lawyers in America, Environmental Law "Lawyer of the Year," 2023
- Best Lawyers in America, Environmental Law, 2020-2024; Litigation - Environmental, 2023-2024
- North Carolina Super Lawyers, Environmental, 2023-2024
- Business North Carolina’s, Legal Elite: Environmental, 2015-2016, 2018-2022; Hall of Fame 2023-2024
- Co-head, Women of Moore & Van Allen (WoMVA)
- Member, Moore & Van Allen Diversity Committee
News
News
Insights
Blogs and Resources
Alerts
Blog Posts
Affiliations
Affiliations
- Member, International Association of Defense Counsel
- North Carolina Bar Association Environment, Energy and Natural Resources Law Section; Council Member, Newsletter Co-Editor, Annual Meeting CLE Co-Planner, Treasurer, Secretary, Vice-Chair, Chair (2024-25)
- Board of Directors, NAIOP Charlotte Chapter; National Environment and Infrastructure Committee
- Community Link, Board of Directors; Marketing & Development Committee, Former Co-Chair
- Myers Park Presbyterian Church, Stewardship and Personnel Committees, Former Annual Campaign Co-Chair
- Mint Museum Auxiliary
- Member, Association of Vapor Intrusion Professionals
SPEAKING ENGAGEMENTS
SPEAKING ENGAGEMENTS
- Guest Speaker, ULI Triangle Brownfields & Cocktails Event, August 2024
- Moderator: The State of Water: NC DEQ Division Director Discussion, North Carolina Chamber Environmental Compliance Conference, January 2024
- Panelist: Loper Bright Enterprises v. Raimondo and Relentless, Inc., et al. v. Dept. of Commerce, et al. CLE, January 2024
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There’s an Acronym for That: Hot Topics in Environmental Litigation, Napa Litigation SuperCourse: Wine Sips and Trial Tips, November 2023
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VI Site Characterization & the Legal Ramifications, June 2023, EnviroClass
- Panelist: Waters of the United States’ Definition Evolution: Meandering Riffles, Pools and Runs, National Association of Environmental Professionals, August 2022
- North Carolina Regulatory Update (Panelist), Environmental Bankers Association Conference, June 2022
- Navigating Risks Posed by Immediate Action Standards for TCE, April 2022, Global EnviroSummit, Charlotte, NC
- Here Comes the Sun: Regulation of Solar Power in South Carolina (Panelist), January 2022, South Carolina Bar Convention, Greenville, SC
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Panelist: Hot Topics (Methane), 2021 Environment, Energy & Natural Resources Law Section Program, May 2021
- Panelist, Strategies to Incorporate Brownfields Into Local Sites & Building Initiatives, North Carolina Economic Development Association Triad Networking Luncheon, January 2020
- Moderator, Brownfields Development in the Region, Joint Program of Environmental Law Sections of NC, SC, and GA, May 2018
- Vapor Intrusion: Legal Aspects, Charlotte Area Environmental Breakfast Club, March 2018
- DEQ's Risk Calculator: What It Is and How You Can Use It at Contaminated Sites, N.C. Chamber Environmental Compliance Conference, Durham, NC, February 2018
- When Things Go Wrong, South Carolina Association of Special Purpose Districts (SCSPD) Conference, October 2017
- The Use of Legal Privileges to Protect Important and Sensitive Documents From Disclosure, Air & Waste Management Association Annual Conference, Raleigh, NC, June 2015
- Odor Nuisance Lawsuits: The Next Wave of Litigation Against Manufacturers, Air & Waste Management Association Annual Conference, Raleigh, NC, June 2015
Capabilities
Education
J.D., University of North Carolina at Chapel Hill, 2007, with honors
B.A., Duke University, 2004
Admissions
- South Carolina, 2008
- North Carolina, 2007
- Supreme Court of the United States
- U.S. Court of Appeals, Fourth Circuit
- United States District Court for the Western, Middle and Eastern Districts of North Carolina
- United States District Court for the District of South Carolina