A. Kay Roska

A. Kay Roska

Of Counsel |
  • 214.969.1342
    214.880.3230
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Of Counsel

  • Thompson & Knight LLP
    One Arts Plaza
    1722 Routh Street, Suite 1500
    Dallas, TX 75201 USA
    214.969.1342
    214.880.3230
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Kay Roska focuses her practice on environmental compliance, permitting, risk and liability management, and administrative and civil proceedings regarding air emissions, wastewater discharges, hazardous waste, hazardous substances, and toxic substances. She represents clients before federal, state, and local agencies, and federal and state courts. Kay has extensive experience in counseling clients in environmental risk management, overseeing investigation and remediation of environmental contamination, and negotiating and drafting environmental liability provisions for business transactions.

Experience

  • Advise industrial and commercial clients regarding compliance with applicable federal, state, and local environmental laws and regulations; the design and implementation of environmental compliance audits and environmental management systems; permit applications and compliance; and investigation and remediation of environmental contamination

  • Represent clients before federal and state environmental agencies in connection with compliance matters, permit proceedings, response actions to environmental contamination, and liability, allocation, and remedy issues at federal and state Superfund sites

  • Participate in and challenge federal and state rule-making on behalf of clients

  • Represent clients in private party disputes, often involving litigation, regarding liability and allocation of responsibility for investigation and remediation of environmental contamination

  • Negotiate and draft terms and conditions of asset and stock purchase agreements, leases, easements, access agreements, construction agreements, property development agreements, consultant and expert agreements, loan documents, service agreements, and other types of agreements regarding environmental issues, including allocation and resolution of risk, liability, and responsibility for environmental contamination and compliance

  • Defend clients in federal and state administrative and civil enforcement actions

  • Respond on behalf of clients to requests for information from federal and state environmental agencies regarding potential responsibility for environmental contamination and compliance with environmental laws

  • Advise clients regarding participation in federal and state programs governing remediation of environmental contamination, including state voluntary cleanup programs, innocent owner/operator programs and dry cleaner remediation programs, and state and federal Brownfields programs

  • Advise clients regarding eligibility for federal and state exemptions to liability for remediation of environmental contamination, including federal and state lender and fiduciary liability protections and federal innocent landowner, contiguous property owner, and bona fide prospective purchaser exemptions

  • Assist clients with environmental assessments for transactional due diligence, including advice regarding satisfaction of federal "all appropriate inquiry" standard

  • Advise developers, property owners, contractors, tenants, lenders, and borrowers regarding compliance with applicable federal, state, and local environmental laws, regulations, and guidance governing storm water management; mold inspections, prevention, and remediation; asbestos inspections, management, and remediation; lead paint; polychlorinated biphenyls; hazardous wastes; hazardous substances; hazardous materials; toxic substances; pollutants; and environmental contamination

  • Advise clients regarding pollution legal liability insurance and other environmental insurance options

Distinctions/Honors

  • The Best Lawyers In America® by Woodward/White Inc. (Environmental Law); 2008-2018

  • Chambers USA by Chambers & Partners (Environment); 2012-2013

Activities (Memberships/Affiliations)

  • Member, American Bar Association; Natural Resources, Energy, and Environmental Law Section

  • Member, State Bar of Texas; Environmental and Natural Resources Section

  • Member, Dallas Bar Association; Past Chair, Environmental Law Section