Kyle Anne Gray

• Appeals
• Environmental Litigation
• General Civil
• Litigation
• Natural Resources Litigation

Wyoming

Since 1985

Of Counsel

Holland & Hart LLP

Current

University of Michigan

1984

Cum laude

Michigan State University

1981

Summa cum laude

Current

Activities:    Chair of Litigation Committee ACLU of Montana

Current

Activities:    Member, American Bar Association Environment, Energy and Resources Section

Current

Activities:    Member, Montana Bar Association Women's Law Section

Current

Activities:    Member, Wyoming Bar Association

Current

Activities: Representative Appeals

Current

Activities: Montana Power Company v. Montana Public Service Commission and Large Customer Group, 26 P.3d 91 (Mont. 2001). In a multi-million dollar electricity deregulation dispute, the Court reversed the district judge and held in favor of our client that the Public Service Commission has the authority to define transition costs as a one-time occurrence, and did not engage in an unconstitutional taking by declining to allow a 25-year future "tracker" of such costs.

Current

Activities: ARCO Environmental Remediation, L.L.C. v. Dept. of Health and Environ. Quality of Montana and U.S. Environmental Protection Agency, 213 F.3d 1108 (9th Cir. 2000). In a dispute over a PRP's right to review documents exchanged by EPA and a state agency regarding CERCLA remedial and NRD restoration issues, the Court held that CERCLA does not pre-empt a state's "right to know' law, and remanded an improperly removed case to state court for decision under the broader state law rather than FOIA.

Current

Activities:    Aviation Methods, Inc. v. Tafoya, et al., 176 F.3d 481 (Table No. 97-35424), 1999 WL 197169 (9th Cir. 1999). Reversing, in part, a summary judgment against our client, the Court established the right of a defendant in multidistrict air crash litigation to seek contribution from co-tortfeasors to multimillion dollar settlements reached with the families of crash victims.

Current

Activities:    Marshall v. State of Montana, 975 P.2d 325 (Mont. 1999). Ruling in favor of public interest groups, including our amicus curiae client, the Court declared unconstitutional an initiative that stripped the taxing power from Montana's legislature.

Current

Activities:    Continental Ins. Co. v. Montana Bancsystem, Inc., 996 F.2d 1223 (Table No. 91-36193), 1993 WL 212646 (9th Cir., 1993). Affirming summary judgment in favor of our client, the Court ruled that a mental injury occurring outside the policy period triggered a duty to defend years after an insurance relationship had ended.

Current

Activities:    Temple v. Chevron U.S.A., Inc., 840 P.2d 561 (Mont. 1993). In this case of first impression, the Court affirmed dismissal for our client and established a new doctrine that plaintiffs may not use an equitable process outside the Montana Rules of Civil Procedure to engage in ?fishing expedition? discovery designed to establish liability among one of several potential tortfeasors.