Kyle P. Konwinski

Litigation Attorney

Kyle practices as a commercial litigator specializing in environmental and land use litigation.

Kyle is a first-chair litigator involved in high-stakes disputes.  He has cases throughout the state, has argued before the Michigan Supreme Court, and has expansive experience with the Michigan Administrative Hearing System.  He has represented clients in relation to Part 31 NPDES discharge permits, Part 303 Wetland Protection Act issues, Part 22 Groundwater Quality rules, Part 55 air permits, Part 201 remediation issues, Part 325 (Great Lakes Submerged Lands) sea wall permits, Part 353 sand dune permits, Part 17 (Michigan Environmental Protection Act) and various other regulatory issues. Kyle is also an expert in land-use litigation involving municipalities, zoning, and various land-use permits.

Kyle has extensive experience representing many clients on matters relating to PFAS (per- and poly-fluoroalkyl substances, including PFOA and PFOS.  His cases involving PFAS have involved the Department of Environment, Great Lakes and Energy (EGLE), the United States EPA, municipalities, private plaintiffs and numerous environmental consultants.

Kyle also has unique experience advising clients about the Employee Retirement Income Security Act (ERISA). Although he has represented numerous companies and plans in various issues related to ERISA, his most notable experience includes recovering millions of dollars for more than 200 clients throughout the state that were victims of Blue Cross Blue Shield of Michigan’s ERISA violations.

Prior to Varnum, Kyle clerked for the Honorable Gordon J. Quist of the United States District Court for the Western District of Michigan, which gave him invaluable experience regarding trial and appellate court matters.

Experience

Represented a variety of clients in multimillion-dollar litigation involving the alleged discharge of PFAS (per- and poly-fluoroalkyl substances).

Represented several property developers on Lake Michigan in the face of challenges to their Sand Dune Protection & Management Part 353 permits from the Michigan EGLE (formerly DEQ), challenges under Michigan’s Environmental Protection Act (Part 17), and its special use permits. Argued one of the cases to the Michigan Supreme Court.

First-chaired and won an administrative trial for a development on Lake Michigan facing challenges to their waste discharge permits under Part 22 Groundwater Quality Rules and Part 31 NPDES permits.

Obtained summary dismissal of a challenge to a sea-wall permit under Part 325 and Part 353.

Successfully represented four municipalities (in regard to their water treatment plants) on an appeal from an administrative agency’s adverse decision, and obtained a complete reversal regarding their NPDES Part 31 permits.

Obtained summary disposition in favor of a wind energy developer seeking to develop a $120 million wind turbine farm. The ruling struck down ordinances with which the developer would have had to comply. He represented the wind-energy developer on appeal, and obtained a complete affirmance by the Michigan Court of Appeals, with the Supreme Court declining to review the case.

Represented over 150 companies in lawsuits against Blue Cross Blue Shield of Michigan for charging hidden fees in violation of ERISA.

In numerous cases, obtained summary judgment in favor of police officers being sued for alleged Constitutional violations (such as illegal search and seizure or unlawful use of excessive force). For each case appealed, obtained complete affirmance, once arguing before the Sixth Circuit Court of Appeals.

In numerous cases, obtained judgment in favor of an international marketer and distributor of agricultural products and chemicals, arising out of allegations that the products distributed were faulty.

Successfully represented or worked on behalf of several different plaintiffs and defendants in a variety of personal injury disputes.

Assisted a nonprofit organization in preparing for a “bet the company” arbitration. The parties eventually settled in a very favorable outcome for the client allowing the organization to continue its operations.

Has participated in more than 50 mediations for different clients.

Has served as local counsel for actions pending in the Western District of Michigan.

Honors and Recognitions

Grand Rapids Magazine’s Top Lawyers, Environmental Law, 2021, 2023, Litigation – Commercial, Since 2020

Professional Affiliations

American Bar Association, Environmental Litigation Section

State Bar of Michigan, Environmental Law Section, Chair-Elect; Administrative Law and Litigation Committee Chair

Grand Rapids Bar Association

Community Involvement

Entrepreneurs’ Organization, Sponsor Liaison for Varnum

Kalamazoo College Alumni Association Engagement Board member

Presentations

ABA Environmental Litigation Section Panelist for Remote Trials and their Tribulations

Vice Special Report: Toxic Farmland, Season 2, Episode 11 (video).

West Michigan Air & Waste Management Section:  The Circularity of PFAS