| Representative Experience |
Environmental counsel for clients acquiring merchant electrical generating plants and ethanol facilities.
CATEGORIES: Environmental Compliance
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Represented the Massachusetts Bay Transportation Authority in a lawsuit filed pursuant to the Clean Air Act. The lawsuit is alleging violations of the Massachusetts State Implementation Plan (“SIP”) concerning public transportation improvements. |
Acting as environmental counsel to the Mashpee Wampanoag Tribe on matters relating to the establishment of their tribal reservation and the development of associated gaming facilities.
CATEGORIES: Real Estate/Land Use & Development, Infrastructure & Construction, Environmental Compliance
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Negotiated seven and eight-figure insurance settlements on behalf of clients Eagle-Picher Industries, Inc.; Great American Financial Resources, Inc., as successor to Sprague Electric Company; Eastern Enterprises; and Boston Gas Company |
Represented a major industrial pretreatment discharger in defense of a citizens’ lawsuit brought under the Clean Water Act, which was seeking both injunctive relief and civil penalties |
Represented Hasbro, Inc. in successful litigation over millions of dollars in cleanup costs at a site in Lancaster, Pennsylvania |
We represented one defendant in a multi-party federal superfund action, which we were able to settle through mediation |
Since 1983, have represented one of two companies principally charged with the PCB contamination of New Bedford Harbor and nearby hazardous waste sites. In two of the largest cases, we negotiated agreements under which insurers paid all of our client’s legal and consultants’ fees in defending government and private lawsuits. We also secured substantial settlement contributions from insurers. |
Using a third-party mediator, we were able to resolve a superfund contribution claim between the plaintiff and thirteen defendants |
Represented the Massachusetts Water Resources Authority in its successful trial against the United States involving Safe Drinking Water Act claims that the water supply for eastern Massachusetts should be filtered |
Represented developers of two proposed transfer stations in site assignment proceedings before local boards of health |
Represented the Coalition for Buzzards Bay in a lawsuit brought by the United States to invalidate the Massachusetts Oil Spill Prevention Act (“OSPA”). The United States Court of Appeals for the First Circuit agreed with our position that the OSPA is not preempted by federal law as a matter of law. In so doing, the court reversed the District Court and remanded the case. |
Represented the Republic of Uruguay in an action pending in the International Court of Justice regarding the construction of pulp mills on the River Uruguay, this includes a defeat of a motion to halt construction to the mills. This ongoing action is based on Argentina’s claim that pulp mills will impermissibly harm the river and surrounding areas. It is the first environmental case to be brought before the International Court of Justice. |
For our client Fairchild Industries, in litigation in the California and New York federal courts, obtained a favorable settlement in the litigation of several polluted sites around the country—notwithstanding the carrier's asserted defense of late notice of the claims |
Represented the country of Djibouti in assessing potential claims against three large global oil companies concerning contamination of the principal port of Djibouti, which resulted from operations by those oil companies near the port. Advice has included an assessment of potential claims against the oil companies under international law, in what forum the claims should be brought, and the relationship between potential international claims and claims already pending in courts in Djibouti. |
Represented the City of Portland, Oregon in a challenge to the Environmental Protection Agency’s Long-Term 2 Enhanced Surface Water Treatment Rule, which is pending in the United States Appeals Court for the District of Columbia. Portland is challenging the new rules requiring that it provide treatment for cryptosporidium and requiring that its open distribution reservoirs be covered. The challenge is based upon both the arbitrary and capricious nature of the rules and the fact that the cryptosporidium rule was not based upon the best available peer-reviewed science. |
For our client Hoechst Celanese Corporation, brought a lawsuit against numerous insurers for defense and indemnification of claims arising from environmental contamination at various facilities around the country. We defeated and successfully opposed on appeal a defense motion based upon supposed late notice, which led to a favorable settlement. |
Represented one of the two defendants in the Woburn leukemia cluster case, which was brought by more than thirty plaintiffs claiming damages for various cancers and other injuries allegedly resulting from groundwater contamination. The case was settled after the first phase was tried to a jury. |
Managed corporate occupational safety program that accomplished greater than 20% reductions in incidents and expenditures for five consecutive years.
CATEGORIES: Environmental Compliance
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Represented clients in government investigations and proposed penalty actions asserting environmental compliance violations.
CATEGORIES: Environmental Compliance
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