Member

Kenneth J. Gish Jr.

Lexington, KY

kgish@stites.com

Ken is a member of the Environmental, Energy & Sustainability Service Group and Business & Finance Service Group where he assists corporate and institutional clients in meeting sustainability goals through renewable energy purchases. Ken also advises clients in the energy industry, routinely representing the firm’s utility clients in matters before the Kentucky Public Service Commission, as well as assisting renewable energy developers in all aspects of project development including negotiating offtake agreements, permitting and financing transactions. He counsels the firm’s clients in all stages of the permitting process from application to appeals before administrative bodies and in state and federal court. Ken also assists clients in managing regulatory compliance matters arising from federal, state and local laws.

Capabilities

Practice Areas

Environmental Litigation Environmental, Energy & Sustainability Manufacturing Natural Resources & Environmental Surety Law Public Private Partnerships (P3) Regulatory Counseling, Permitting, Compliance & Enforcement Renewable Energy Development Sustainability & Emerging Technology

Recent News, Articles & Speaking Engagements

ABC's of Sustainability

Kentucky Environmental Conference 2024, Kentucky Chamber of Commerce, Lexington, Ky., March 26-27, 2024

Stites & Harbison welcomes back Ken Gish to the Lexington office

by staff writer, The Lane Report, November 16, 2023

ESG in the Real World

NSSGA: Legislative and Policy Forum - 2023, September 25, 2023

Tips and Tricks for Navigating the Energy Transition

Energy & Mineral Law Foundation, February 23, 2022

Navigating Potential Changes in Carbon Reporting Standards

co-author, Law360, January 17, 2023

State Policies in Support of Offshore Wind - Do They Matter?

AWEA Windpower Conference, May 20-23, 2019

Federal Energy Regulatory Commission Opens the Door for Energy Storage Development

Stites & Harbison Client Alert, February 23, 2018

Citizen Suit Enforcement - Filling the Gap

20th Annual Kentucky Environmental Permitting and Reporting Conference, Lexington, KY, August 10-11, 2017

Don't Step In it

Stites & Harbison, PLLC Legal Update, April 13, 2017

The Changing Face of Kentucky's Energy Future

Kentucky Journal of Equine, Agricultural & Natural Resources Law Second Annual Symposium: "ENERGY AND THE ENVIRONMENT: The Interplay of Regulations and Natural Resources Law and Policy," University of Kentucky College of Law, Lexington, Ky., March 2, 2016 (link to paper)

Managing the Risks of Climate Change

14th Annual Kentucky Environmental Conference, Kentucky Chamber of Commerce, Lexington, Ky., February 10, 2016

with W. Blaine Early III

Update on Environmental Liability in Real Estate Transactions: Watch-Outs and Best Practices for the General Practice Lawyer

2015 Kentucky Law Update, Kentucky Bar Association, Lexington, Ky., December 4, 2015 (link to paper)

Recent Clean Air Act Supreme Court Decisions

2015 Kentucky Environmental Law CLE Seminar, Kentucky Bar Association Environment, Energy and Resources Law Section, Frankfort, Ky., April 22, 2015 (link to paper)

Kentucky's New Brownfield Law: A New Approach for Property Acquisition and Redevelopment

Stites & Harbison, PLLC, Thirsty Thursday event, May 22, 2014

with T. Gregory Ehrhard

Environmental Compliance for the Distilling Industry

Kentucky Bar Association, Bench and Bar Magazine, November 2013

Stormwater Regulation, It's Time to Get Serious

2013 Kentucky Chamber of Commerce 16th Annual Environmental Permitting & Reporting Conference, August 21, 2013

with W. Blaine Early III

Understanding Riparian and Water Rights

Kentucky Land Laws Seminar, Lexington, Ky., August 15, 2013 (link to paper)

Endangered Species Act in Kentucky

Kentucky Bar Association Environment, Energy and Resources Law 2013 Kentucky Environmental Law CLE Seminar, April 23, 2013 (link to paper)

Dangerous Intersections: Understanding and Navigating the Crossroads of Construction and the Environment

2013 Kentucky Chamber of Commerce Environmental Conference, March 5, 2013

Here we go again: DC Circuit vacates Cross-State Air Pollution Rule

Stites & Harbison, PLLC, Client Alert, August 22, 2012

R&D Today & Tomorrow, and Making it Happen

Kentucky Association of Manufacturers, 2012 Energy Conference, Louisville, Ky., June 13, 2012

Emerging Issues in Oil and Gas Production

Mineral Property Law Seminar, Lexington, Ky., May 17, 2012

Environmental Protection Regulatory Update

Second Annual Kentucky Environmental Law CLE seminar, Frankfort, Ky., April 10, 2012

EPA issues proposed rule limiting carbon dioxide emissions from new power plants

Stites & Harbison, PLLC, Client Alert, March 27, 2012

Supreme Court rejects federal common law nuisance claims for greenhouse gas emissions

Stites & Harbison, PLLC, Client Alert, June 20, 2011

Comment period opens on EPA's proposed Mercury and Air Toxics Rule for Coal-Fired Power Plants

Stites & Harbison, PLLC, Client Alert, May 3, 2011

Understanding Kentucky's Surface Water Rights

Kentucky Water Laws and Regulations Seminar, Lexington, Ky., March 31, 2011

EPA issues guidance for controlling greenhouse gas emissions

Stites & Harbison, PLLC, Client Alert, November 30, 2010

Recent Assignments

Represented corporate purchases, across multiple industries, in negotiating virtual power purchase agreement (VPPA) from renewable energy sources totaling over 1.25 GW of output including representations of:

- A multinational imaging technology company in a 124 MW VPPA from a solar energy facility.

- An auto parts manufacturer in the negotiation of a 142.8 MW VPPA from a solar energy facility.

- A frozen food manufacturer in a 102 MW VPPA from a solar energy facility.

- A farm equipment manufacturer in multiple VPPAs totaling 111 MW from a wind energy facility.

- A global chemical and consumer goods company in a 88 MW VPPA from a wind energy facility.

- A pharmaceuticals and consumer goods company in a 55 MW VPPA from a solar energy facility.

- An international athletic clothing manufacturer in a 15 MW VPPA from a wind energy facility.

Represented an investor owned utility in proceedings before the Kentucky Public Service Commission including in general rate cases, integrated resource plan proceedings, fuel adjustment clause reviews, and certificate of public convenience and necessity approvals.

Represented solar developers in development of utility scale projects in Kentucky including in matters before the Kentucky State Board on Electric Generation and Transmission Siting.

Bar Admissions

Kentucky

North Carolina

U.S. District Court for the Western District of Washington

Washington

Washington State Supreme Court

Memberships

American Bar Association, Energy Markets and Finance Committee, Member; Vice Chair for Publications (2016-18); Water Resources Committee, Vice Chair Technology (2005), Vice Chair Memberships (2006-08)

Kentucky Bar Association, Environment, Energy, and Resource Law Section, Past Chair (2014-15)

King County Bar Association, Environmental Law Section, Member; Secretary (2007-08); Treasurer (2008-10)

Community Involvement

LexArts, Inc., Director (2019-present)

Leadership Lexington, Class of 2012; Distinguished Leader Award (2012); Steering Committee (2014-20); Steering Committee Chair (2018-19)

Education

J.D., 2003 cum laude

University of Michigan Law School

B.A., 1995

Government (American Government Concentration)

Georgetown University

Before Stites & Harbison

Ken previously practiced in the Charlotte and Seattle offices of K&L Gates, LLP. Prior to entering law school, Ken served as a watch and division officer on USS San Juan (SSN-751), a nuclear-powered fast attack submarine.

More Than Stites & Harbison

Ken is a graduate of the 2012 Leadership Lexington Class and was selected by his classmates for the 2012 Distinguished Leader Award. He served on the Leadership Lexington Steering Committee (2014-20) and was the committee chair (2018-19). Ken currently serves as a Director for LexArts, Inc.

Accolades

Best Lawyers in America^®, Litigation–Environmental (2018-23)

Kentucky Super Lawyers^®, Rising Stars (2013)

Washington Super Lawyers^®, Rising Stars (2010)

Contact Resources

Kenneth J. Gish Jr.'s PDF Kenneth J. Gish Jr.'s Contact VCF

See more related to Kenneth J. Gish Jr.

Presentation Mikael Kristenson 242070 Unsplash

Events

22nd Annual Kentucky Environmental Conference

Date: 3/26/24 - 3/27/24

Embassy Suites by Hilton, Lexington/UK Coldstream, 1801 Newtown Pike, Lexington, Kentucky 40511

Jennifer Cave and Ken Gish will be speakers at this year's Kentucky Chamber of Commerce 22nd Annual Kentucky Environmental Conference to be held March 26-27 in Lexington, Ky.

Jennifer J. Cave and Kenneth J. Gish Jr. February 26, 2024

Press Releases

Stites & Harbison Welcomes Back Ken Gish to the Lexington Office

LEXINGTON, Ky.—Stites & Harbison, PLLC welcomes back attorney Ken Gish to the firm’s Lexington, Ky., office. He rejoins the firm as a Member (Partner) in the Environmental, Natural Resources and Energy Service Group and the Business & Finance Service Group.

by Stites & Harbison, PLLC November 17, 2023

Client Alerts

Federal Energy Regulatory Commission Opens the Door for Energy Storage Development

On February 15, 2018, the Federal Energy Regulatory Commission (FERC) unanimously issued Order No. 841¹ which has the potential to dramatically alter the electricity grid and wholesale energy market in large parts of the United...

by Kenneth J. Gish Jr. February 23, 2018

Press Releases

Best Lawyers in America honors 79 Stites & Harbison attorneys for 2018

LOUISVILLE, Ky.—The Best Lawyers in America© 2018 has recognized 79 Stites & Harbison, PLLC attorneys as selected by their peers in 51 areas of practice. The number of honorees increased since last year, 74 to...

by Stites & Harbison, PLLC August 17, 2017

Events

20th Annual Kentucky Environmental Permitting and Reporting Conference

Presented by the Kentucky Chamber of Commerce The Kentucky Chamber of Commerce’s environmental conference is the most complete and comprehensive permitting and reporting course offered in Kentucky. This course will provide you with the information...

Jennifer J. Cave , W. Blaine Early III, and Kenneth J. Gish Jr. June 05, 2017

Events

2017 Kentucky Bar Association Annual Convention

THE 2017 ANNUAL CONVENTION Planning Committee is pleased to announce the following speakers scheduled for the June 21-23 convention at the Owensboro Convention Center in downtown Owensboro. JERRY BUTING, one of the defense attorneys for...

Douglass Farnsley , William G. Geisen , and Kenneth J. Gish Jr. May 24, 2017

Client Alerts

Don't Step In it

On April 11, 2017, the Court of Appeals for the D.C. Circuit, in Waterkeeper Alliance, et al., v. EPA,1 vacated a 2008 EPA rule that exempted farms from certain hazardous substance reporting requirements (the “200...

by Kenneth J. Gish Jr. April 13, 2017

Press Releases

Stites & Harbison promotes 15 attorneys in 2015

LOUISVILLE, Ky.—Stites & Harbison, PLLC announced today that 15 attorneys have been promoted within the law firm. Thirteen have been elected to membership and two have been elected to Counsel, effective January 2015. The...

by Stites & Harbison, PLLC January 27, 2015