Manhattan DA's office In 1982, Kennedy was sworn in as an
assistant district attorney for
Manhattan.
Conviction for heroin possession On September 16, 1983, Kennedy was charged with
heroin possession in
Rapid City, South Dakota. After his arrest, he entered a drug treatment center. Kennedy asserted that this ended his 14 years of heroin use, which he said had begun when he was 15. After he was admitted to the New York bar in 1985, Riverkeeper hired him as senior attorney. Kennedy litigated and supervised
environmental enforcement lawsuits on the east coast estuaries on behalf of Hudson Riverkeeper and the
Long Island Soundkeeper, where he was also a board member. Long Island Soundkeeper sued several municipalities and cities along the Connecticut and New York coastlines. On the Hudson, Kennedy sued municipalities and industries, including
General Electric, to stop discharging pollution and clean up legacy contamination. His work at Riverkeeper set long-term environmental legal standards. In 1997, he worked with John Cronin to write
The Riverkeepers, a history of the early Riverkeepers and a primer for the Waterkeeper movement. Wegner had recruited and led a team of at least 10 who smuggled
cockatoo eggs, including species considered endangered by Australia, from Australia to the US over a period of eight years. Kennedy was featured in a 2004 documentary about the plant,
Indian Point: Imagining the Unimaginable, directed by his sister, the documentary filmmaker
Rory Kennedy. In 2017, Kennedy argued that the electricity Indian Point provided could be fully replaced by
renewable energy. Kennedy resigned from Riverkeeper in 2017.
Pace Environmental Litigation Clinic In 1987, Kennedy founded the Environmental Litigation Clinic at Pace University School of Law, where for three decades he was the clinic's supervising attorney and co-director and Clinical Professor of Law. Kennedy obtained a special order from the New York State Court of Appeals that permitted his 10 clinic students to practice law and try cases against Hudson River polluters in state and federal court, under the supervision of Kennedy and his co-director, Professor Karl Coplan. The clinic's full-time clients are Riverkeeper and Long Island Soundkeeper. The clinic has sued governments and companies for polluting Long Island Sound and the
Hudson River and its tributaries. It argued cases to expand citizen access to the shoreline and won hundreds of settlements for the Hudson Riverkeeper. Kennedy and his students also sued dozens of municipal wastewater treatment plants to force compliance with the
Clean Water Act. On April 11, 2001, ''
Men's Journal'' gave Kennedy its "Heroes" Award for creating the Pace Environmental Litigation Clinic. Kennedy and the clinic received other awards for successful legal work cleaning up the environment. The Pace Clinic became a model for similar environmental law clinics throughout the country.
Waterkeeper Alliance In June 1999, as Riverkeeper's success on the Hudson began inspiring the creation of Waterkeepers across North America, Kennedy and a few dozen Riverkeepers gathered in Southampton, Long Island, to found the
Waterkeeper Alliance, which is now the umbrella group for the 344 licensed Waterkeeper programs in 44 countries. As president, Kennedy oversaw its legal, membership, policy and fundraising programs. The Alliance is dedicated to promoting "swimmable, fishable, drinkable waterways, worldwide". Under Kennedy's leadership, Waterkeeper launched its "
Clean Coal is a Deadly Lie" campaign in 2001, bringing dozens of lawsuits targeting mining practices, including
mountaintop removal and
slurry pond construction, as well as coal-burning utilities' mercury emissions and
coal ash piles. Kennedy's Waterkeeper alliance has also been fighting coal export, including from terminals in the
Pacific Northwest. Waterkeeper waged a legal and public relations battle against pollution from
factory farms. In the 1990s, Kennedy rallied opposition to factory farms among small independent farmers, convened a series of "National Summits" on factory meat products, and conducted press conference whistle-stop tours across North Carolina, Iowa, Kansas, Missouri, Illinois, Ohio, and in Washington, D.C. Beginning in 2000, Kennedy sued factory farms in North Carolina, Oklahoma, Maryland, and Iowa. In a 2003 article, he argued factory farms produce lower-quality, less healthy food, and harm independent family farmers by poisoning their air and water, reducing their property values, and using extensive state and federal subsidies to impose unfair competition against them. Kennedy and his environmental work have been the focus of several films, including
The Waterkeepers (2000), directed by
Les Guthman. In 2008, he appeared in the
IMAX documentary film
Grand Canyon Adventure: River at Risk, riding the Grand Canyon in a wooden dory with his daughter Kick and anthropologist
Wade Davis. Kennedy resigned the Waterkeeper Alliance presidency in November 2020.
New York City Watershed Agreement Beginning in 1991, Kennedy represented environmentalists and New York City watershed consumers in a series of lawsuits against New York City and upstate watershed polluters. Kennedy authored a series of articles and reports alleging that New York State was abdicating its responsibility to protect the water repository and supply. In 1996, he helped orchestrate the $1.2 billion New York City Watershed Agreement, which
New York magazine recognized in its cover story, "The Kennedy Who Matters". This agreement, which Kennedy negotiated on behalf of environmentalists and New York City watershed consumers, is regarded as an international model in stakeholder consensus negotiations and sustainable development.
Kennedy & Madonna LLP In 2000, Kennedy and the environmental lawyer Kevin Madonna founded the
environmental law firm Kennedy & Madonna, LLP, to represent private plaintiffs against polluters. The firm litigates environmental contamination cases on behalf of individuals, non-profit organizations, school districts, public water suppliers, Indian tribes, municipalities and states. In 2001, Kennedy & Madonna organized a team of prestigious plaintiff law firms to challenge pollution from industrial pork and poultry production. In 2004, the firm was part of a legal team that secured a $70 million settlement for property owners in Pensacola, Florida whose properties were contaminated by chemicals from an adjacent
Superfund site. Kennedy & Madonna was profiled in the 2010 HBO documentary
Mann v. Ford, which chronicles four years of litigation by the firm on behalf of the
Ramapough Mountain Indians against the
Ford Motor Company for dumping toxic waste on tribal lands in northern New Jersey. In addition to a monetary settlement for the tribe, the lawsuit contributed to the community's land being relisted on the federal Superfund list, the first time that a delisted site was relisted. In 2007, Kennedy was one of three finalists nominated by Public Justice as "Trial Lawyer of the Year" for his role in the $396 million jury verdict against
DuPont for contamination from its zinc plant in
Spelter, West Virginia. In 2017, the firm was part of the trial team that secured a $670 million settlement on behalf of over 3,000 residents from Ohio and West Virginia whose drinking water was contaminated by the toxic chemical
perfluorooctanoic acid, which DuPont released into the environment in
Parkersburg, West Virginia.
Morgan & Morgan In 2016, Kennedy became counsel to the
Morgan & Morgan law firm. The partnership arose from the two firms' successful collaboration on the case against SoCalGas Company following the
Aliso Canyon gas leak in California. In 2017, Kennedy and his partners sued
Monsanto in federal court in San Francisco, on behalf of plaintiffs seeking to recover damages for
non-Hodgkin's lymphoma cases that, the plaintiffs allege, were a result of exposure to Monsanto's
glyphosate-based herbicide,
Roundup. Kennedy and his team also filed a class action lawsuit against Monsanto for failing to warn consumers about the dangers allegedly posed by exposure to Roundup. In September 2018, Kennedy and his partners filed a class-action lawsuit against
Columbia Gas of Massachusetts alleging negligence following
gas explosions in three towns north of Boston. Of Columbia Gas, Kennedy said, "as they build new miles of pipe, the same company is ignoring its existing infrastructure, which we now know is eroding and is dilapidated".
Cape Wind In 2005, Kennedy clashed with national environmental groups over his opposition to the Cape Wind Project, a proposed
offshore wind farm in
Cape Cod, Massachusetts (in
Nantucket Sound). Taking the side of Cape Cod's commercial
fishing industry, Kennedy argued that the project was a costly boondoggle. This position angered some environmentalists, and Kennedy was criticized by
Rush Limbaugh and
John Stossel. In
The Wall Street Journal, Kennedy wrote, "Vermont wants to take its nuclear plant off line and replace it with clean, green power from Hydro-Québec—power available to Massachusetts utilities—at a cost of six cents per kilowatt hour (kwh). Cape Wind electricity, by a conservative estimate and based on figures they filed with the state, comes in at 25 cents per kwh."
Other ventures In 1999, Kennedy, Chris Bartle and John Hoving created a bottled water company, Keeper Springs, which donated all of its profits to Waterkeeper Alliance. Kennedy was a venture partner and senior advisor at VantagePoint Capital Partners, one of the world's largest
cleantech venture capital firms. Among other activities, VantagePoint was the original and largest pre-
IPO institutional investor in
Tesla, Inc. VantagePoint also backed BrightSource Energy and Solazyme, amongst others. Kennedy is a board member and counselor to several of Vantage Point's portfolio companies in the water and energy space, including Ostara, a Vancouver-based company that markets the technology to remove
phosphorus and other excessive nutrients from
wastewater, transforming otherwise pollution directly into high-grade fertilizer. He is also a senior advisor to Starwood Energy Group and has played a key role in a number of the firm's investments. He is on the board of Vionx, a Massachusetts-based utility-scale
vanadium flow battery systems manufacturer. On October 5, 2017, Vionx,
National Grid and the
US Department of Energy completed the installation of advanced flow batteries at
Holy Name High School in the city of
Worcester, Massachusetts. The collaboration also includes
Siemens and the
United Technologies Research Center and constitutes one of the largest energy storage facilities in Massachusetts. Kennedy served on the board of the New York
League of Conservation Voters. Kennedy is a partner in ColorZen, which offers a turnkey-cotton-fiber pre-treatment solution that reduces water usage and toxic discharges in the
cotton-dyeing process. Kennedy was a co-owner and director of the
smart-grid company Utility Integration Solutions (UISol), which was acquired by
Alstom. He is presently a co-owner and director of GridBright, the market-leading grid management specialist. In October 2011, Kennedy co-founded
EcoWatch, an environmental news site. He resigned from its board of directors in 2018.
Minority and poor communities In his first case as an environmental attorney, Kennedy represented the
NAACP in a lawsuit against a proposal to build a garbage transfer station in a minority neighborhood in
Ossining, New York. In 1987, he successfully sued
Westchester County to reopen the
Croton Point Park, which was primarily used by poor and minority communities from
the Bronx. He then forced the reopening of the
Pelham Bay Park, which New York City had closed to the public and converted to a police firing range. In 1990, Kennedy assisted indigenous
Pehuenches in Chile in a partially successful campaign to stop the construction of a series of dams on Chile's iconic
Biobío River. That campaign derailed all but one of the proposed dams. Beginning in 1992, he assisted the
Cree Indians of northern Quebec in their campaign against Hydro-Québec to halt construction of some 600 proposed dams on eleven rivers in
James Bay. In 1993, Kennedy and NRDC, working with the indigenous rights organization
Cultural Survival, clashed with other American environmental groups in a dispute about the rights of Indians to govern their own lands in the
Oriente region of Ecuador. Kennedy represented the
CONFENIAE, a confederation of indigenous peoples, in negotiation with the American oil company
Conoco to limit oil development in Ecuadorian Amazon and, at the same time, obtain benefits from resource extraction for Amazonian tribes. From 1993 to 1999, Kennedy worked with five
Vancouver Island First Nations in their campaign to end industrial logging by
MacMillan Bloedel in
Clayoquot Sound, British Columbia. In 1996, he met with Cuban president
Fidel Castro to persuade him to halt his plans to construct a nuclear power plant at
Juraguá. During the meeting, Castro reminisced about Kennedy's father and uncle, speculating that US relations with Cuba would have been far better had President Kennedy not been assassinated. Between 1996 and 2000, Kennedy and the NRDC helped Mexican commercial fishermen halt
Mitsubishi's proposal to build a salt facility in the
Laguna San Ignacio, an area in Baja where
gray whales breed and nurse their calves. Kennedy wrote in opposition to the project, and took the campaign to Japan, meeting with
Japanese Prime Minister Keizo Obuchi. In 2000, he assisted local environmental activists to stop Chaffin Light, a real estate developer, and US engineering giant
Bechtel from building a large hotel and resort development that, Kennedy argued, threatened
coral reefs and public beaches used by local Bahamians, at Clifton Bay,
New Providence Island. Kennedy was one of the early editors of
Indian Country Today, North America's largest
Native American newspaper. He helped lead the opposition to the damming of the
Futaleufú River in the
Southern Zone of Chile. In 2016, due to the pressure precipitated by the Futaleufú Riverkeepers campaign against the dams, the Spanish power company
Endesa, which owned the right to dam the river, reversed its decision and relinquished all claims to the Futaleufú.
Military and Vieques Kennedy has been a critic of environmental damage by the US military. In a 2001 article, Kennedy described how he sued the
US Navy on behalf of fishermen and residents of
Vieques, an island of
Puerto Rico, to stop weapons testing, bombing, and other military exercises. Kennedy argued that the activities were unnecessary, and that the Navy had illegally destroyed several endangered species, polluted the island's waters, harmed the residents' health, and damaged its economy. He was arrested for trespassing at
Camp Garcia Vieques, the US Navy training facility, where he and others were protesting the use of a section of the island for training. Kennedy served 30 days in a maximum security prison in Puerto Rico. The trespassing incident forced the suspension of
live-fire exercises for almost three hours. The lawsuits and protests by Kennedy, and hundreds of Puerto Ricans who were also imprisoned, eventually forced the termination of naval bombing in Vieques by
the Bush administration. In a 2003 article for the
Chicago Tribune, Kennedy called the US federal government "America's biggest polluter" and the
US Department of Defense the worst offender. Citing the
Environmental Protection Agency (EPA), he wrote, "unexploded ordnance waste can be found on 16,000 military ranges... and more than half may contain biological or chemical weapons." ==Political aspirations==