On Wednesday, October 28th, the Virginia Environmental Law Forum welcomed back Tom Kenney ’86, who served as a senior attorney for the United States Environmental Protection Agency (“EPA”). Kenney spent over three decades in the EPA’s Regional 5 Office, which covers five states and up to thirty-five Tribal Nations. Kenney noted that at its peak, Region 5 was the largest regional office within the agency.
During the event, Kenney chronicled his long public service career. He remarked how the writing sample—which was about the National Environmental Policy Act—he submitted as part of his application led him to be considered an expert on the law right as he started his career at the EPA. Kenney discussed this example to highlight how fortuitously one’s career can develop. Kenney spoke about the types of law that he did while at Regional Office 5: He focused on a broad set of tasks from enforcement to regulation development.
Often, Kenney said, he and other attorneys in the office would provide counseling services to different actors to ensure compliance with the laws and regulations enforced by the EPA. One such set of actors were the States. Others were local communities and entities that received Brownfield grants to encourage environmentally beneficial redevelopment of land. A self-claimed introvert, Kenney said that he wanted to avoid litigation as much as was possible—litigation was unavailable at times, like when a heart surgeon-turned farmer who had a rental farm in Wisconsin refused to abide by an EPA compliance order. The refusal was referred to the Department of Justice, which brought suit against the farmer.
When asked about how much the EPA undergoes when a presidential administration turns over, Kenney conceded that agencies do face significant changes. But Kenney noted that in his experience, there were a few surprises. The first EPA regional administrator he worked under was a member of the Republican Party and was elevated to the position by President Richard Nixon (the creator of the EPA). Whenever Kenney would brief the Republican regional administrator, the administrator would encourage Kenney and his team to think about what was “best for the environment.” Similarly, he noted that even under the Reagan administration, he felt that there was always an understanding of how important the environment was. Despite this, Kenney did admit that recently, the EPA and environmental priorities have been more subject to partisan swings. As an example, Kenney cited the first Trump administration’s overturning of forty-year-old regulations, which the EPA tried to reverse on the first day of the Biden administration. He ended this section on a more positive note when he mentioned that some aspects of the EPA’s work, like providing Brownfield grants for site restorations, are much more isolated from political influence.
Kenney, understanding his audience of students who are excited about a career in environmental law and justice but nervous about the field’s uncertain future, encouraged those in attendance to not give up. He emphasized the importance of the work of the EPA generally and attorneys within the agency specifically in ensuring the survival of the environment. Kenney also spoke about how a career in the federal government, generally, provides greater flexibility and work-life balance for those who want to prioritize those elements in their legal career.
Kenney ended by emphasizing how much he enjoyed the UVA Law community and that to this day, he remains in close touch with students in his small section. In fact, Kenney met with several classmates during his visit for this event.
Kenney now serves as the president of the EPA Alumni Association and volunteers actively with the Environmental Protection Network and Lawyers for Good Government.
Author: Donald Sarra ’27, cwu6zg@virginia.edu