Our environmental practice group represents real estate developers, owners, and property managers in a wide variety of environmental remediation, compliance, and dispute resolution matters.
Our environmental attorneys represent clients in the acquisition, sale, leasing, and financing of potentially-contaminated properties, compliance with cleanup regulations after a release of oil or hazardous materials, remediation and redevelopment of brownfields sites, and in litigation over cleanup costs, property damage and/or insurance coverage.
Our environmental attorneys also advise clients with respect to state and federal wetlands regulations, Chapter 91 tidelands issues, wastewater and storm water discharges, air emissions, storage of oil and hazardous materials, water withdrawals, environmental impact review under the Massachusetts Environmental Policy Act (MEPA), and citizen suit/ten taxpayer litigation.
Our environmental attorneys regularly write articles on environmental topics, contribute to Massachusetts Continuing Legal Education (MCLE) publications, and address environmental issues as participants in trade association and MCLE seminars and other expert panels. Our extensive experience allows us to represent our clients in a timely, effective, and cost-efficient manner, while focusing on the client’s ultimate goal, whether that is developing real estate, operating a business, or resolving an environmental dispute.
Some of the services we provide include:
- Environmental due diligence and risk management for contemplated property transactions and development projects;
- Manage risks and liabilities associated with environmental remediation projects, working with environmental consultants;
- Advise clients on permitting requirements and assist with securing permits for real estate development projects and industrial facilities;
- Prosecute and defend against response cost recovery and/or property damage claims under the federal Superfund statute, the Massachusetts Oil and Hazardous Material Release Prevention Act (Chapter 21E), and common law;
- Advise clients on environmental compliance matters, including representing them in local, state and federal enforcement actions;
- Environmental insurance coverage counsel for owners of contaminated properties;
- Risk management and national insurance coverage counsel for independent petroleum distribution company with gasoline stations in Midwest and southwest; and
- Advice on lead paint law liability in connection with residential transactions and building renovations
Samples of clients we have represented in environmental-related matters include:
- 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;
- Redeveloper of office/research campus within flood plain, for whom we obtained an order of conditions with a flood storage capacity banking mechanism designed to operate over the fifteen-year redevelopment period as existing buildings are demolished to make way for new construction;
- Redeveloper of historic mill building and gas plant complex with multiple environmental issues into apartment buildings;
- Municipality in securing permits and funding for multi-phase, multi-jurisdiction linear flood mitigation project;
- Commercial developer seeking local, state and federal wetlands permits for multi-acre wetlands filling/restoration project for 170,000 square-foot office/warehouse development;
- Property owner seeking state and federal approvals for crossing over endangered species and vernal pool habitat for 100-acre industrial development project;
- Multi-national bio-pharma company in various permitting, compliance, and enforcement matters;
- Multi-national construction materials producer in a seven-site, multimedia enforcement matter;
- Multi-national 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;
- Owner of gasoline service station at which a release of gasoline had occurred in connection with remediation of property and responding to claims by downgradient property owner;
- Developer in connection with remediation of historic fuel oil release on property being converted to biotech laboratory facility;
- Owner of property downgradient property contaminated by gasoline release from adjacent property;
- Purchaser of former tannery site to be redeveloped as public park;
- Condominium developer in connection with remediation of former scrap metal facility;
- Individual and corporate defendants in Superfund contribution litigation, including obtaining dismissal based on “useful product” defense for zinc flue dust. New York v. Solvent Chemical Co., Inc., 225 F. Supp.2d 270 (W.D.N.Y.), motion for reconsideration denied (2002);
- Downgradient property owner who recovered a multimillion-dollar property damage claim under Massachusetts General Law’s chapter 21E. Taygeta Corp. v. Varian Associates, Inc., 436 Mass. 217 (2002);
- 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 Comm’n, 425 Mass. 411 (1997).