Adam P. Kahn
With 15 years of broad experience in environmental and administrative law matters and exceptional proficiency in real estate/land use and development, Adam Kahn brings singular knowledge to bear as coordinator of Foley Hoag’s 15-lawyer environmental practice group and chair of Foley Hoag’s 35-lawyer Administrative Law Department, which includes environmental, energy and regulated industries, health care, government strategies and public law practice groups.
To deliver measurable results to his public and private clients, Adam employs his extensive know-how in the fields of:
- Remediation and reuse of contaminated property;
- Environmental compliance and litigation;
- Siting and permitting of electric power generating facilities andother commericial and industrial operations.
He has broad litigation experience and has defended clients against state and federal enforcement actions involving numerous regulatory programs including air, water, wetlands, and hazardous waste. Adam has experience in many jurisdictions with due diligence matters as well as audit, risk management and risk allocation in real estate and corporate transactions.
Bars and Court Admissions
- Massachusetts
- U.S. District Court for the District of Massachusetts
- U.S. Court of Appeals, First Circuit
Representative Experience
The following is a brief summary of Adam's experience and accomplishments:
- Represented the Massachusetts Development Finance Agency in the siting of a $1.1 billion pharmaceutical manufacturing facility at the former Fort Devens
- Advised the Massachusetts Bay Transportation Authority with respect to the permitting of the Greenbush Commuter Rail Line in metropolitan Boston
- Represented Massachusetts Development Finance Agency with respect to remediation and redevelopment of the former Fort Devens
- Successfully defended local and state approvals allowing the construction of such projects as a controversial public high school, a high technology corporate campus and a private golf club. Clifford v. City of Everett (Mass. Super. Ct. 2004), White Pine, LLC v. Massachusetts DEP (Mass. Super. Ct. 2001) and Fitzgerald v. Vincent (Mass. Super. Ct. 2001)
- Defended an operator of recycle paper mills against multiple enforcement actions brought by environmental agencies and the Attorney General
- Assisted a developer of a 900,000 sq. ft. high tech office complex and recreational facility obtain needed endangered species, MEPA, and wetlands approvals
- Advised owners of approximately 25 electric power generating stations in nine states of obligations under state and federal air pollution requirements, including acid rain, New Source Review and Title V
- Successfully represented developer of a 360-megawatt combined cycle-electric generating plant in obtaining all required approvals
- Represented development authorities in Chelsea, Worcester, Springfield and Malden, Mass. in the acquisition, remediation, sale and redevelopment of former industrial properties for school, medical, residential, commercial, park and industrial use
- Defended a communications company in an enforcement action involving electric generation issues at dozens of locations across Massachusetts
- Successfully appealed Title V operating permit conditions for two industrial and electric power generating facilities in New York State
- Secured the disputed tax exempt status for a regional land bank commission. Martha's Vineyard Land Bank Com'n v. Board of West Tisbury (Mass. Appeals Court, 2004)
- Obtained favorable decision on behalf of a chemical manufacturer in a cost recovery and property damage claims. Mystic Landing v. Pharmacia, Inc.(D. Mass. 2006)
- Represented the Republic of Uruguay in an action in the International Court of Justice regarding the construction of pulp mills on the River Uruguay – including a defeat of a motion to halt construction to the mills. Pulp Mills on the River Uruguay (Argentina v. Uruguay) (International Court of Justice, 2006)
- Obtained permits for significant expansion of a major manufacturing facility in New Hampshire
professional / civic involvement
- Boston Bar Association: Hazardous and Solid Waste Committee, Chair (1999-2000); Clean Air Committee, Chair (2000-2003); Steering Committee of Environmental Law Section (1999-2004)
- Massachusetts Bar Association, Member
- American Bar Association, Member
- Brookline Conservation Commission, Commissioner (1999 to 2007)
SPEECHES AND CONFERENCES
- Speaker at Boston Society of Civil Engineers on land use permitting issues in Massachusetts (May 2007)
- Speaker at EPA’s National Brownfields Conference on legal aspects of redevelopment of closed military bases and other former federal facilities (October 2006)
- Speaker at CLE International Conference on compliance with the Massachusetts Environmental Policy Act (May 2006)
- Presentations to biotechnology and health care industry groups on environmental compliance, self-audit and enforcement issues (2004-2005)
- Speaker to the Massachusetts Hospital Association on environmental compliance, self-audit and enforcement issues (2004)
- Frequent speaker at Massachusetts Continuing Legal Education (MCLE) on topics such as environmental due diligence and risk allocation, endangered species act issues, and environmental permitting (1997-2005)
- Speaker on real estate tax assessments, abatements and appeals, Massachusetts Continuing Legal Education (MCLE) (April 2003)
- Presentation on environmental considerations to National Association of Housing and Redevelopment Officials (May 2002)