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Environmental Litigation and Enforcement Cases
- Represented industrial client (the sole defendant) in an EPA RCRA corrective action case concerning a mixed hazardous/nuclear waste site.
- Tried, and obtained California Superior Court confirmation of, an environmental indemnity arbitration claim related to two printed circuit board facilities. Obtained seven-figure damages award, and legal fee award of $1,000,000.
- Represented plant owner as disaster response counsel for the Danvers explosion.
- Litigated private-party actions in federal court regarding coal gasification sites, contamination of drinking water wells, and federal Superfund sites.
- Defended several asbestos abatement enforcement actions (including in federal district court).
- Defended biotechnology companies in enforcement cases filed by the Massachusetts Water Resources Authority.
- Defended EPA enforcement case alleging illegal exports of hazardous waste.
- Defended a $1.2 million air pollution penalty case filed by the Massachusetts Department of Environmental Protection concerning volatile organic compound emissions from a pharmaceutical plant.
- Served as lead counsel for largest PRP at a federal Superfund site.
- Defended EPA enforcement cases under the Toxic Substances Control Act.
- Defended several wood-burning power plants in EPA Clean Air Act cases.
- Defended several administrative penalty cases filed by EPA and Massachusetts DEP.
Environmental Counseling for Corporate Transactions and Investments
- Counseled Dutch defense contractor on divestiture of aerospace facilities located in Texas.
- Served as environmental counsel on international M&A transactions involving consumer goods, electronics and printing companies.
- Counseled acquirers of convenience store and retail gas chains.
- Represented a public water treatment company in corporate acquisitions and its subsequent merger with an international conglomerate.
Permitting and Site Approval of Municipal, Energy and Institutional Facilities
- Served as lead counsel for host community in proceedings before the Massachusetts Energy Facilities Siting Board regarding a 306-megawatt gas-fired power plant (the Commonwealth’s first “site-banking” decision).
- Obtained permits for several hazardous and special waste treatment facilities (e.g., medical waste, petroleum-contaminated soils).
- Negotiated permits and wrote the environmental opinions for the bond financing of a large recycled paper mill.
- Obtained approvals for alternative energy and fossil-fuel power plants (including “Prevention of Significant Deterioration” Clean Air Act permits).
Compliance Counseling, audits and internal investigations
- Represented several technology companies involved with “sick building” issues.
- Counseled specialty chemical manufacturer concerning compliance with premanufacture notification requirements under the Toxic Substances Control Act, including analysis of R&D, FDA and Low-Volume exemptions.
- Served as registered lobbyist on regulations issued by the Massachusetts Low-Level Radioactive Waste Management Board and on revisions to the Massachusetts Contingency Plan.
- Advised pharmaceutical manufacturer on compliance with Ozone Depleting Substances requirements of the Clean Air Act.
Contracts For Energy, Water Supply and Wastewater Plants
- Negotiated and drafted construction contracts and procurement documents for two large gas-fired power plants involving over $1 billion in construction costs.
- Drafted water supply and cogeneration contract documents for a major university.
- Drafted asbestos abatement contract for state development agency campus.
- Contractor claims analysis, negotiation and litigation related to several wastewater treatment plants.
