Bryan E. Keyt

  1. People /

Bryan E. Keyt

Bryan E. Keyt

Partner

  1. People /

Bryan E. Keyt

Bryan E. Keyt

Partner

Bryan E. Keyt

Partner

Chicago

Partner and Global Practice Group Leader - Energy, Environment and Infrastructure

T: +1 312 602 5036

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Biography

Bryan is the leader of the firm's Energy, Environment and Infrastructure Practice Group. His practice focuses on a wide range of environmental, energy, health and safety matters. In these capacities, he regularly counsels clients regarding the management of risks and liabilities associated with air, water, waste management, chemical handling and disposal, Superfund, process safety and risk management, and occupational  safety and health. He also counsels clients on strategic environmental, health and safety auditing and planning, and regularly defends litigation and administrative enforcement matters brought by U.S. EPA, OSHA, MSHA, and state and local regulatory agencies. His enforcement defense experience includes matters involving major federal environmental statutes, state and local environmental laws, and also cases involving release reporting issues. He has also successfully defended clients in safety and health enforcement matters following industrial accidents, including matters involving chemical spills and employee fatalities.

Bryan represents traditional, alternative and renewable energy businesses regarding environmental, safety and health, customer contract, supply contract, regulatory, transactional (asset and stock) and general business matters. His experience includes representation of alternative retail electric and gas suppliers, district energy companies, wind and solar companies, biofuel and other independent energy producers. He has helped clients negotiate pipeline/terminaling agreements, customer contracts, material supply and other energy business agreements. He has also represented numerous renewable energy companies regarding development issues involved with construction and permitting of large-scale wind and solar developments including counseling under the National Environmental Policy Act, the Endangered Species Act, the Migratory Bird Treaty Act, and the Bald and Golden Eagle Protection Act.

As part of his extensive transactional background, Bryan regularly represents clients in corporate and real estate transactions including the negotiation of asset purchase and sales agreements, stock purchase agreements, and real estate and remediation agreements associated with “Brownfield” redevelopment projects. He has significant experience representing clients conducting environmental remediation and participating in state voluntary cleanup programs. Representative “Brownfield” experiences include: the acquisition, voluntary remediation and redevelopment of a 265-acre metals manufacturing facility; development of a large scale intermodal facility; and numerous other remediation and redevelopment projects ranging in size from one acre to over 1000 acres.

Bryan has written several law review and journal articles on environmental issues. His articles on recovering attorney's fees under CERCLA and RCRA Criminal Liability have been published in the DePaul Law Review and the Chemical Waste Litigation Reporter, respectively. He also co-authored the Environmental Chapter of the Illinois Continuing Legal Education's Construction law handbook. Bryan regularly speaks on a range of environmental, energy, health and safety topics. He has made presentations to Fortune 500 and other private companies including Robert Bosch Corporation, Dean Foods Company, Brunswick Corporation, and ACH Food Companies.

Areas of Focus

  • Redevelopment

  • Logistics & Industrial

Civic Involvement & Honors

  • Best Lawyers of America, Environmental Law (2023-2024)
  • Chambers USA (2022-2023)

Professional Affiliations

  • Executive Committee of the National Brownfield Association – Illinois Chapter
  • American Bar Association
  • Illinois Bar Association

  • Sustainability Committee

Admissions

  • Illinois, 1993
  • United States Court of Appeals for the Seventh Circuit
    United States District Courts for the Northern and Central Districts of Illinois

Education

DePaul University, J.D., with honors, 1993

Colgate University, B.A., cum laude, 1988

Related Practice Areas

  • Energy & Natural Resources

  • Aviation, Aerospace & Defense

  • Health & Safety

  • Investigations

  • Litigation & Dispute Resolution

  • Regulation, Compliance & Advisory

  • Employment Class & Collective Actions

  • Logistics & Industrial

  • Renewables

  • Redevelopment

  • Power

  • Ethylene Oxide Team

  • Cross-border Employment Issues

  • PFAS Team

  • Data Center & Digital Infrastructure Team

  • Oil, Gas and LNG

  • Brownfields

  • Citizen Suits/NIMBY

  • Clean Air Act

  • Clean Water Law

  • Compliance Audits and Internal Investigations

  • Cost Recovery Litigation (Superfund/CERCLA and State equivalents)

  • Criminal Enforcement

  • Endangered Species (ESA)

  • Environmental Review (NEPA and State EIS laws)

  • Hazardous Materials Transportation (HMTA)

  • Hazardous Waste (RCRA)

  • Insurance Counseling

  • International Environmental Law

  • Oil Spills

  • Pesticides (FIFRA)

  • Reporting Requirements (EPCRA, CERCLA, Prop 65 and other state laws)

  • Safe Drinking Water (SDWA)

  • Solid Waste and Landfills

  • Toxic Substances Regulation (TSCA)

  • Transactional Work, Including SEC Disclosures

  • Underground Injection Control (UIC)

  • Water Rights

  • Wetlands

  • Mobile Source Emissions and Fleet Management

  • Agribusiness

  • Food & Beverage

  • Pubs, Clubs & Restaurants

  • Food & Agribusiness

  • Environment

  • Employment & Labor

  • Real Estate

  • Infrastructure

Related Insights

Blog Post
Mar 27, 2024

PFAS in children’s products: state-by-state regulations

PFAS in Children’s Products is a major focus for state legislators across the country, prompting some of the most stringent PFAS restrictions in consumer products.  Thus far, eight states have enacted legislation concerning PFAS substances in Children’s or Juvenile Products (“Children’s Products”).  Seven additional states have proposed Children’s Products laws, and many of these are expected to continue to move through the legislative process in future months. There are numerous key features that are generally consistent across the state laws: “Juvenile products” are generally defined as products that are intended for use by children 12 years old or younger. The prohibitions apply to “intentionally added” PFAS, which generally are PFAS added to a product to create a specific effect in the finished product. The compliance timelines are much shorter than the timelines for other types of consumer products that are being regulated for the presence of intentionally added PFAS. Some, but not all, of the laws exempt internal components of the product that are not accessible during foreseeable “use and abuse” of the product. Perhaps the biggest challenge posed by these laws is that unlike other PFAS laws which apply to a specific industry category (e.g., cookware, cosmetics, apparel), they apply across all consumer product categories, making them more difficult for impacted businesses to track.
Blog Post
Mar 06, 2024

PFAS in food packaging: state-by-state regulations

In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws.  Thus far, twelve states have enacted laws addressing PFAS substances in food containers and packaging materials (“Food Packaging”), and there are fourteen proposed bills that are currently pending in numerous states.  These laws are intended to address concerns that storing food in Food Packaging that contains PFAS compounds may result in increased ingestion of those PFAS substances.  Related to food packaging, a growing number of states are enacting or proposing general bills involving recyclability of food or beverage packaging, but this client alert does not specifically address those requirements as these measures do not exclusively involve PFAS substances. According to the United States Environmental Protection Agency (“EPA”), commonly cited examples of Food Packaging that have historically contained PFAS substances include “grease-resistant paper, fast food containers/wrappers, microwave popcorn bags, pizza boxes, and candy wrappers.”
Blog Post
Feb 20, 2024

PFAS Update: 2024 Look-Ahead

As discussed in more detail in BCLP’s 2023 federal recap client alert, per- and polyfluoroalkyl substances (“PFAS”) were a major focus for the United States Environmental Protection Agency (“EPA”) in 2023, and 2024 will likely mark even more significant activity in the federal regulation of these compounds.  While we expect a variety of actions at the federal level, this alert highlights five developments that we anticipate in 2024 will have substantial economic impacts across a wide range of industries.
Blog Post
Jan 19, 2024

PFAS update: EPA kicks off the new year with TSCA and TRI actions

The United States Environmental Protection Agency (“EPA”) started the new year by finalizing two rules involving per- or polyfluoroalkyl substances (“PFAS”) under the Toxic Substances Control Act (“TSCA”) and the Toxic Release Inventory (“TRI”).  The first rule requires industries to consult with EPA before using any of the designated 329 inactive PFAS substances.  The second rule adds seven PFAS substances to the list of chemicals that entities must report. The details of the new rules are below, but these actions demonstrate EPA’s continued commitment to regulate PFAS substances under a wide range of environmental laws.
Blog Post
Jan 16, 2024

PFAS drinking water standards: state-by-state regulations

In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”) – for the time being anyway - many states have regulated PFAS compounds in drinking water.  The result is a patchwork of regulations and standards of varying levels, which presents significant operational and compliance challenges to impacted industries.  This client alert surveys the maximum contaminant levels (“MCLs”), as well as guidance and notification levels, for PFAS compounds – typically perfluorooctane sulfonate (“PFOS”) and perfluorooctanoic acid (”PFOA”)  – in drinking water across the United States.
Blog Post
Dec 19, 2023

PFAS in firefighting foam (AFFF) and equipment: state-by-state regulations

Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’ clothing and equipment. These regulations typically involve restrictions in four general areas:  Discharge or Use Restrictions. These regulations usually limit or prohibit the use of AFFF in training or testing exercises, and may only allow the use of AFFF in active firefighting situations; Disposal, Storage, Inventory or “Take-back” Provisions. Some states have enacted state run programs to purchase and dispose of AFFF, usually purchasing supplies from government agencies; Notification or Reporting Requirements. When continued use of AFFF is allowed, some states have required that businesses report specific details regarding their discharge; and Limitations on Personal Protective Equipment (“PPE”). Some states have limited or prohibited PPE for firefighters that contains PFAS compounds.
Blog Post
Dec 04, 2023

PFAS in Soil: State Regulations

In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves.  These regulations have implications for due diligence, site investigations, and remediation decisions.  This client alert explores the current landscape of state regulations regarding the advisory, notification, and cleanup levels for PFAS – most commonly perfluorooctane sulfonic acid (“PFOS”) and perfluorooctanoic acid (”PFOA”)  – in soil.
Blog Post
Nov 13, 2023

PFAS in consumer products: state-by-state regulations

Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products.  This area is rapidly developing as states create new laws, and the penalties and litigation risks for non-compliance can be significant.

Related Insights

Blog Post
Mar 27, 2024
PFAS in children’s products: state-by-state regulations
PFAS in Children’s Products is a major focus for state legislators across the country, prompting some of the most stringent PFAS restrictions in consumer products.  Thus far, eight states have enacted legislation concerning PFAS substances in Children’s or Juvenile Products (“Children’s Products”).  Seven additional states have proposed Children’s Products laws, and many of these are expected to continue to move through the legislative process in future months. There are numerous key features that are generally consistent across the state laws: “Juvenile products” are generally defined as products that are intended for use by children 12 years old or younger. The prohibitions apply to “intentionally added” PFAS, which generally are PFAS added to a product to create a specific effect in the finished product. The compliance timelines are much shorter than the timelines for other types of consumer products that are being regulated for the presence of intentionally added PFAS. Some, but not all, of the laws exempt internal components of the product that are not accessible during foreseeable “use and abuse” of the product. Perhaps the biggest challenge posed by these laws is that unlike other PFAS laws which apply to a specific industry category (e.g., cookware, cosmetics, apparel), they apply across all consumer product categories, making them more difficult for impacted businesses to track.
Blog Post
Mar 06, 2024
PFAS in food packaging: state-by-state regulations
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws.  Thus far, twelve states have enacted laws addressing PFAS substances in food containers and packaging materials (“Food Packaging”), and there are fourteen proposed bills that are currently pending in numerous states.  These laws are intended to address concerns that storing food in Food Packaging that contains PFAS compounds may result in increased ingestion of those PFAS substances.  Related to food packaging, a growing number of states are enacting or proposing general bills involving recyclability of food or beverage packaging, but this client alert does not specifically address those requirements as these measures do not exclusively involve PFAS substances. According to the United States Environmental Protection Agency (“EPA”), commonly cited examples of Food Packaging that have historically contained PFAS substances include “grease-resistant paper, fast food containers/wrappers, microwave popcorn bags, pizza boxes, and candy wrappers.”
Blog Post
Feb 20, 2024
PFAS Update: 2024 Look-Ahead
As discussed in more detail in BCLP’s 2023 federal recap client alert, per- and polyfluoroalkyl substances (“PFAS”) were a major focus for the United States Environmental Protection Agency (“EPA”) in 2023, and 2024 will likely mark even more significant activity in the federal regulation of these compounds.  While we expect a variety of actions at the federal level, this alert highlights five developments that we anticipate in 2024 will have substantial economic impacts across a wide range of industries.
Blog Post
Feb 07, 2024
2023 Federal PFAS Regulatory Recap
Blog Post
Jan 19, 2024
PFAS update: EPA kicks off the new year with TSCA and TRI actions
The United States Environmental Protection Agency (“EPA”) started the new year by finalizing two rules involving per- or polyfluoroalkyl substances (“PFAS”) under the Toxic Substances Control Act (“TSCA”) and the Toxic Release Inventory (“TRI”).  The first rule requires industries to consult with EPA before using any of the designated 329 inactive PFAS substances.  The second rule adds seven PFAS substances to the list of chemicals that entities must report. The details of the new rules are below, but these actions demonstrate EPA’s continued commitment to regulate PFAS substances under a wide range of environmental laws.
Blog Post
Jan 16, 2024
PFAS drinking water standards: state-by-state regulations
In the absence of an enforceable federal drinking water standard for per- and polyfluoroalkyl substances (“PFAS”) – for the time being anyway - many states have regulated PFAS compounds in drinking water.  The result is a patchwork of regulations and standards of varying levels, which presents significant operational and compliance challenges to impacted industries.  This client alert surveys the maximum contaminant levels (“MCLs”), as well as guidance and notification levels, for PFAS compounds – typically perfluorooctane sulfonate (“PFOS”) and perfluorooctanoic acid (”PFOA”)  – in drinking water across the United States.
Blog Post
Dec 19, 2023
PFAS in firefighting foam (AFFF) and equipment: state-by-state regulations
Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’ clothing and equipment. These regulations typically involve restrictions in four general areas:  Discharge or Use Restrictions. These regulations usually limit or prohibit the use of AFFF in training or testing exercises, and may only allow the use of AFFF in active firefighting situations; Disposal, Storage, Inventory or “Take-back” Provisions. Some states have enacted state run programs to purchase and dispose of AFFF, usually purchasing supplies from government agencies; Notification or Reporting Requirements. When continued use of AFFF is allowed, some states have required that businesses report specific details regarding their discharge; and Limitations on Personal Protective Equipment (“PPE”). Some states have limited or prohibited PPE for firefighters that contains PFAS compounds.
Blog Post
Dec 04, 2023
PFAS in Soil: State Regulations
In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves.  These regulations have implications for due diligence, site investigations, and remediation decisions.  This client alert explores the current landscape of state regulations regarding the advisory, notification, and cleanup levels for PFAS – most commonly perfluorooctane sulfonic acid (“PFOS”) and perfluorooctanoic acid (”PFOA”)  – in soil.
Blog Post
Nov 13, 2023
PFAS in consumer products: state-by-state regulations
Manufacturers, distributors, and retailers of consumer products across a broad spectrum of industries are being impacted by laws regulating the presence of per- and polyfluoroalkyl substances (“PFAS”) in their products.  This area is rapidly developing as states create new laws, and the penalties and litigation risks for non-compliance can be significant.