Douglas M. McGarrah

  • Partner
  • Boston
  • 617 832 1217 direct
  • 617 832 7000 fax

As Co-Chair of Foley Hoag’s Real Estate/Land Use and Development Practice and past Chair of the firm’s Administrative Law Department, Doug provides expert services to clients navigating the intersection of business and government. For nearly 25 years, his clients have relied on his experience helping them manage government regulations and complete major development and infrastructure projects. Doug leads multidisciplinary teams focused on expedited permitting and development of large scale academic and, cultural facilities, commercial centers and office campuses.  He also crafts and implements strategies at all levels of government on a variety of public policy issues.

Doug provides counsel and advice for large-scale development projects including approvals under NEPA, MEPA, wetlands, waterways, highway access, historic preservation and zoning-based approvals. He has special expertise in transit oriented development projects and also helps private parties and public agencies and authorities with creative solutions to address regulatory compliance. Doug has also counseled clients on the implementation of design/build and finance techniques for more effective project delivery.

Doug's expertise is enhanced by his substantial senior-level public experience in economic development and large scale infrastructure projects.  Before joining Foley Hoag LLP in 1991, he served at the Massachusetts Executive Office of Transportation and Construction, first as Chief of Staff and later as Chief Legal Counsel for the Central Artery/Tunnel Project. He also served for six years as Legislative Assistant/Director of Economic Development in the office of U.S. Senator Paul E. Tsongas, and for two years as a legislative assistant to Massachusetts State Senator (now Congressman) John W. Olver.

Doug is a trained mediator and has served on Suffolk County and Norfolk County Superior Court Mediation Panels. He has mediated a variety of environmental and construction disputes and represented clients on large scale projects in multi-party mediations.

Bars and Court Admissions

  • Supreme Judicial Court of 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 Douglas's experience and accomplishments:

  • Advise and coordinate municipal efforts to redevelop a major TOD site north of Boston involving multiple state agency stakeholders, the negotiation of multiple land disposition and development agreements and the commitment of federal and state infrastructure funding.

  • Assisted national air carrier on all environmental and regulatory approvals for a new terminal facility at Logan International Airport.

  • Acted as project counsel for two successful major museum construction and expansion projects on Boston’s waterfront involving complete site assembly and environmental approval processes.

  • Developed and implemented successful strategy to modify a transit project's planned alignment in order to avoid potential serious institutional disruption to a major medical facility in downtown Boston.

  • Designed and implemented successful strategy to block a major retail investment until state and developer made commitments to significant infrastructure investments that addressed and mitigated project impacts on regional roadway system.

  • Devised and implemented a model telecom regulation for national carriers to gain required approvals to build fiber optic networks in the City of Boston.

  • Drafted legislation creating the Metropolitan Highway System in Massachusetts and led original permitting of the Central Artery/Tunnel project.

  • Served as special outside counsel to Mass DOT/MBTA on the Greenbush design-build commuter rail restoration project and on Route 3 North design-build highway expansion project.

  • Assisted private developer in acquiring public land to address site safety issues and create expanded site development opportunities.

  • Assisted municipality in acquisition, remediation and redevelopment of key economic development corridor.

  • Counsel to private developer on large-scale, complex Cape Cod redevelopment project, which successfully navigated NEPA and Mass DOT approvals.

  • Served as Redevelopment Authority counsel on large-scale redevelopment of brownfields site located in urban core.

professional / civic involvement

  • Mass DOT Transportation Advisory Committee (2010-present)
  • Massachusetts Taxpayers Foundation, Board (2003-present); Executive Committee (2008-present)
  • Associated Industries of Massachusetts, Board of Directors (2002-2011)
  • Boston Harbor Island Alliance, Founding Board Member; Trustee, (2002-present), Chair (2011-present)  
  • A Better City, Member, (1995-present), Clerk (2011-present) 
  • Greater Boston Chamber of Commerce, Board of Directors (2010-present)
  • The Cape Ann Waldorf School, Board of Trustees (2000-2006); Advisory Council (2008-present) 
  • Massachusetts Department of Environmental Protection, Commissioner’s Administrative Hearing Reform Advisory Committee (2004-2007) (Facilities of Public Accommodations Advisory Committee, 2012) 
  • New England Baptist Hospital, Board of Visitors (2007-2010)
  • Environmental League of Massachusetts, Director (1992-2001)
  • Marblehead Conservation Commission, Chair (1992-2000)

SPEECHES AND CONFERENCES

  • The National Council for Public-Private Partnerships and the Federal Transit Administration, "Implementation of PPPs for Transit Projects" Workshop (2010)
  • Law Seminars International, "MEPA and NEPA - New developments in implementation, litigation and legislation" Advanced Workshop (2010)
  • Environmental Business Council, MEPA Panel Discussion (2010)
  • American Conference Institute, “Finding the Best Use for Your Brownfields Site and Getting it Approved” (2009)
  • Massachusetts Technology Collaborative, Forum on “Building the Information Superhighway in Massachusetts: Municipalities and the Broadband Revolution” (2008)
  • American Public Works and Right-of-Way, Summit on “Telecom Deployment” (2007)
  • NAIOP, Conference on “Innovative Infrastructure Financing Opportunities” (2007)
  • Boston Bar Association, Environmental Update-Land Use Regulation (2007)
  • Build Boston, Panelist on Smart Growth and Economic Prosperity (2007)

publications

  • Driving in the breakdown lane, Commonwealth Magazine (December, 2010)
  • Mobility: The forgotten link in Mass.'s economic DNA, BOSTON BUSINESS JOURNAL (February 2008)
  • Co-author, Development Reform in Mass. Hinders New Commercial R.E., BANKER AND TRADESMAN (August 2004)
  • Time to Rethink Rules for Development in Bay State, BOSTON BUSINESS JOURNAL (November 2002)
  • Co-author, In Downturn, Municipalities Hold Key to Telecom Expansion, BANKER AND TRADESMAN (November 2001)