Jonathan M. Ettinger

  • Partner
  • Boston
  • 617 832 1195 direct
  • 617 832 7000 fax

Jonathan Ettinger has an active practice in both litigation and administrative law, with a record of effectiveness recognized by his inclusion in The Best Lawyers in America and Massachusetts SuperLawyers and his selection as co-chair of the Boston Bar Association's Environmental Litigation Committee for 2008-2009. He has a particular focus on a wide range of environmental law and insurance recovery issues, emphasizing four distinct areas of counsel :  

  • Hazardous Waste: Jonathan advises clients on hazardous waste remediation and litigation under the federal and state Superfund laws, including the Massachusetts Oil and Hazardous Materials Release Prevention Act, M.G. L. Chapter 21E. He has worked on remediation of Superfund sites nationwide, including resolution of disputes involving more than a dozen sites through the use of professional mediators and judges in Alternative Dispute Resolution proceedings. 
  • Brownfields redevelopment: Jonathan advises clients in connection with the redevelopment of contaminated property, so-called "brownfields" sites.
  • Environmental compliance counseling and litigation: Jonathan represents clients in negotiating and litigating matters governed by numerous environmental statutes, including federal and state Superfund laws, the Safe Drinking Water Act, Toxic Substances Control Act, the Endangered Species Act, the Marine Mammal Protection Act, the Clean Air Act, and the Clean Water Act.
  • Insurance Recovery: Jonathan represents clients seeking defense and indemnification from insurance companies. He has helped clients recover millions of dollars from insurance companies in such cases, both in litigation and in settlement (through mediation and otherwise).

In addition to his environmental law and insurance recovery litigation practice, Jonathan has represented such diverse clients as Safety Environmental Control, Inc., Intertek Testing Services NA, Inc., and Lucent Technologies Inc., in a wide variety of commercial disputes. He has litigated claims involving breach of contract, breach of fiduciary duties, breach of covenants not to compete, legal malpractice, breach of warranty, negligence, fraud, and unfair or deceptive trade practices.

Bars and Court Admissions

  • Supreme Judicial Court of Massachusetts
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Eastern District of Wisconsin

Representative Experience

The following is a brief summary of Jonathan's experience and accomplishments:

  • Safe Drinking Water Act
    • Represented the City of Portland, Oregon in a challenge to the Environmental Protection Agency’s Long-Term 2 Enhanced Surface Water Treatment Rule in the United States Appeals Court for the District of Columbia
    • 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. See United States v. Massachusetts Water Resources Authority, 97 F.Supp.2d 155 (D.Mass. 2000), affirmed 256 F. 3d 36 (2001)
  • Hazardous Waste
    • Representing ConocoPhillips Company in a dispute over the allocation of remediation costs for a large petroleum facility
    • Representing an electronics component manufacturer in connection with the investigation and remediation of environmental contamination (volatile organic compounds and polychlorinated biphenyls) at a former manufacturing site in Venice, California. Negotiated a Consent Decree with government and private party claimants. Currently overseeing the implementation of the remedial action
    • Represented Hasbro, Inc. in successful claim for contributions for millions of dollars in environmental cleanup costs at a site in Lancaster, Pennsylvania. See CBS Inc. v. Hasbro, Inc., 1994 WL 421365, 39 ERC 1742 (E.D. Pa. 1994)
    • Represented a computer manufacturer in claim, ultimately settled through mediation, for contribution for environmental cleanup costs resulting from disposal of scrap containing polychlorinated bipheyls
    • Served as common counsel to fifteen defendants in a private contribution action (ultimately settled in mediation) arising in connection with the Lemberger Superfund Site in Manitowoc, Wisconsin
    • Represented a public authority in litigation, ultimately settled through mediation, against several major oil companies in contribution claim over environmental contamination at numerous service stations
    • Worked on numerous state and federal Superfund sites around the country, including the Charles George Landfill (MA), Bennington Landfill (VT), Boliden Metech Site (RI), Shaffer Landfill (MA), Former CBS/Playskool Site (PA), Yakima Railway Site (WA), Norwood PCB Superfund Site (MA), Lemberger Landfill and Transport & Recycling Sites (WI), Peterborough Landfill (NH), the Somersworth Landfill (NH), the Beede Waste Oil Site (NH), and the H&M Drum Sites (MA), Cornell-Dubilier Electronics Superfund Site (NJ)
  • Insurance Recovery
    • Represents an electronics component manufacturer in litigation against numerous insurers arising from environmental contamination of over seventeen separate sites located in over seven separate states. Through those claims, we have obtained summary judgment requiring various insurers to pay our client's defense costs and prevailed at trial on both indemnification and defense obligations. We have also obtained settlements through which our client has been reimbursed substantial portions of the sums it has incurred in addressing its potential environmental liabilities.
    • Represented a major utility company in litigation seeking to recover from its insurers millions of dollars in environmental remediation costs. Case settled after mediation  
    • Representing an electronics component manufacturer in coverage dispute over environmental cleanup costs associated with a former manufacturing facility
  • Other
    • Represents The Coalition for Buzzards Bay in a suit brought by the United States to invalidate the Massachusetts Oil Spill Prevention Act. Prevailed at United States Court of Appeals for the First Circuit. See U.S. v. Massachusetts, 493 F.3d. 1 (1st Cir. 2007)
    • Represents corporations defending against claims of personal injury due to exposure to hazardous substances

professional / civic involvement

  • American Bar Association (Environment, Energy and Resources, Litigation, and Tort Trial and Insurance Practice sections)
  • Massachusetts Bar Association
  • Boston Bar Association (Environmental Law Section, Co-chair Environmental Litigation Committee)
  • Boston Bar Journal, Board of Editors (2000-2003)
  • Ten Webster Avenue Corporation (Hanover, NH), Director and President