Cases
Significant Representations: Brownfields: Representing residential developer in the acquisition
redevelopment of contaminated industrial site, including negotiating contractual obligations with seller
downgradient property owner
placement of environmental insurance to manage environmental risks.
Representing the purchaser of 1,000+ acre federal facility Superfund site in connection with negotiating cleanup obligations with the Department of Defense, the local redevelopment authority,
state
federal agencies.
Representing a casino developer in connection with redeveloping a waterfront manufactured gas plant
bulk oil storage facility as a $650 million resort casino.
Negotiated the portfolio sale of contaminated manufacturing sites to national Brownfield developer.
Negotiated the purchase of Brownfield property from national Brownfield developer, including restructuring of post-closing obligations following seller's bankruptcy.
Represented national environmental engineering firm in negotiating a fixed price remediation
contract for coal to gas power plant conversion.
Permitting: Representing casino developer in connection with casino licensing, c.91
other permitting for redevelopment of a 43-acre waterfront site into a $650 million resort casino.
Represented municipality in securing permits
funding for multi-phase, multi-jurisdiction linear flood mitigation project.
Secured local, state
federal wetl
s permits for multi-acre wetl
s filling/restoration project for 170,000 square-foot office/warehouse development.
Secured state
federal approvals for crossing over endangered species
vernal pool habitat for 100-acre industrial development project.
Represented project proponents
affected parties in various environmental impact review proceedings under the Massachusetts Environmental Policy Act, including securing $5 million in mitigation benefits following a judicial challenge of a Final Environmental Impact Report.
Enforcement: Representing multinational bio-pharma company in various compliances
enforcement matters.
Represented a multinational construction materials producer in a seven-site, multimedia enforcement matter.
Represented a multinational construction materials producer in one of the largest federal stormwater/SPCC enforcement cases to date involving more than 35 operating facilities in three states.
Conducted a confidential, multimedia compliance audit at 33 operating facilities across the United States for a multinational corporation.
Litigation: Representing developer in permit appeal seeking to block a multi-use redevelopment project in Cambridge, MA.
Representing multinational imaging company in litigation alleging failure to comply with contractual cleanup obligations.
Represented a multinational imaging company against claims arising from chlorinated solvent impacts to public water supply.
Defended a multinational chemical company against claims for unfair
deceptive trade
business practices under Massachusetts General Laws chapter 93A arising from contamination on properties leased by the defendant.
Obtained dismissal of Superfund contribution claims against individual
corporate defendants based on useful product defense for zinc flue dust. State of New York v. Solvent Chemical Co., Inc. , 225 F. Supp.2d 270 (W.D.N.Y.), motion for reconsideration denied (2002).
Represented a property owner seeking to recover a multimillion-dollar property damage claim under Massachusetts General Law's chapter 21E. Taygeta Corp. v. Varian Associates, Inc. , 436 Mass. 217 (2002).
Defended a regional planning agency against a regulatory takings claim following the denial of a development permit for a s
gravel strip mine. Daddario v. Cape Cod Commission , 425 Mass. 411 (1997).
Defended a railroad against cost recovery
natural resource damage claims arising from a derailment
chemical spill into a renowned trout fishery.
Due Diligence: Conducted environmental due diligence for purchasers, sellers, investors
lenders in a wide range of corporate
real estate transactions, including: scrap metal recycling business located in three states
50 agricultural facilities in California
one million square-foot industrial facility
25 trucking facilities throughout the United States
marinas
a hotel built over a former Navy oil storage facility
water desalinization plant
lumber yards
auto dealerships
various chemical manufacturing
electronics manufacturing facilities.
Energy: Advised client on Energy Facility Siting Board jurisdictional issues for proposed renewable energy project
associated transmission line.
Represented purchasers in connection with the purchase
disassembly of two power plants
relocation to Central America.
Advised municipal client with respect to contractual obligations under take or pay contracts for waste to energy plant.
Advised merchant generator with respect to its supplier status for a regional ISO.
Analyzed the obligations of a regional ISO to accept electricity from a proposed off-shore wind project
other regulatory issues affecting project feasibility.
Secured operating permits for a steam cogeneration facility.
