Hamilton has over 25 years of experience practicing environmental law, representing clients in permit, entitlement and other administrative proceedings, compliance counseling, enforcement matters, and response cost recovery and property damage actions. His environmental experience includes matters arising under federal, state and local laws relating to asbestos, air and water emissions, hazardous waste, toxic chemicals, tidelands and wetlands, stormwater, water supply, endangered species, environmental impact review, underground storage tanks, solid waste and land use matters.
Hamilton regularly advises clients with respect to environmental issues arising from commercial real estate transactions, including investigating and managing environmental liabilities related to the purchase, sale and redevelopment of contaminated real estate under state and federal Brownfields programs.
Before joining Dain Torpy, Hamilton was a shareholder in Greenberg Traurig’s environmental practice group, and prior to that he was a partner in Choate Hall & Stewart’s real estate and environmental practice.
- Representing residential developer in the acquisition and redevelopment of contaminated industrial site, including negotiating contractual obligations with seller and downgradient property owner and 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, and state and federal agencies.
- Representing a casino developer in connection with redeveloping a waterfront manufactured gas plant and 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 and contract for coal to gas power plant conversion.
- Representing casino developer in connection with casino licensing, c. 91 and other permitting for redevelopment of a 43-acre waterfront site into a $650 million resort casino.
- Represented municipality in securing permits and funding for multi-phase, multi-jurisdiction linear flood mitigation project.
- Secured local, state and federal wetlands permits for multi-acre wetlands filling/restoration project for 170,000 square-foot office/warehouse development.
- Secured state and federal approvals for crossing over endangered species and vernal pool habitat for 100-acre industrial development project.
- Represented project proponents and 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.
- Representing multinational bio-pharma company in various compliances and 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.
- 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 and deceptive trade and 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 and 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 sand and gravel strip mine. Daddario v. Cape Cod Commission, 425 Mass. 411 (1997).
- Defended a railroad against cost recovery and natural resource damage claims arising from a derailment and chemical spill into a renowned trout fishery.
* Some of these matters were undertaken prior to joining Dain Torpy LeRay Wiest & Garner, P.C.
Professional Activities and Honors:
- Associate Member of the Dover Zoning Board of Appeals
- Guest Lecturer, MIT Center for Real Estate (Real Estate Ventures)
- Appointed Commission Member, 495 MetroWest Suburban Edge Community Commission
- Board Member, Environmental Business Council New England, Inc., Board of Directors
- Member, The Commercial Real Estate Development Association (NAIOP), Massachusetts Chapter
- Member, American Bar Association, Energy, Environment and Resources Section, Environmental Law Section
- Member, Boston Bar Association, Environmental Law Section
- Member, National Stone, Sand and Gravel Association, Environment and Sustainability Committees
- Secretary, Dedham Polo and Country Club, Board of Governors
- Listed, The Best Lawyers in America, Environmental Law; Litigation – Environmental, 2007-2017
- Listed, Chambers USA Guide, 2005-2017
- Listed, Super Lawyers magazine, Massachusetts Super Lawyers, 2004-2017
- Listed, Who’s Who Legal, Environment, 2011-2016
- Recommended, PLC Environment Handbook: Which Lawyer?
- Rated, AV Preeminent® 5.0 out of 5
Bar and Court Admissions:
Mr. Hackney is admitted to the bar of the Commonwealth of Massachusetts
J.D., University of Utah College of Law, 1990
- Articles Editor, Journal of Energy and Law Policy
B.A., Middlebury College, 1984 (cum laude)