Adam P. Kahn
With more than 15 years of broad experience in environmental and administrative law matters and exceptional proficiency in energy and land use/development issues, 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. He is a lead member of the firm’s Energy Technology & Renewables practice group, actively works in the arena of international environmental law, and counsels clients on emerging issues such as climate change and environmental corporate social responsibility.
To deliver measurable results to his corporate, institutional, and governmental clients, Adam employs his extensive know-how in the fields of:
- Environmental disputes, compliance and transactions;
- Siting and permitting of electric power generating facilities and other commercial and industrial operations;
- Remediation and reuse of contaminated property.
Clients rely on Adam’s significant litigation experience to defend their interests 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:
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Litigation and Enforcement Experience
- Represents 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)
- Represents the Republic of Ecuador in an action pending in the International Court of Justice regarding aerial spraying of herbicide without adequate precautions. Case concerning Aerial Herbicide Spraying (Ecuador v. Columbia).
- Obtained a favorable decision on behalf of a chemical manufacturer in a cost recovery and property damage claims. Mystic Landing v. Pharmacia, Inc., 417 F. Supp. 2d 120 (D. Mass. 2006)
- Defended operators of institutions and industrial facilities, including recycle and virgin paper mills; asphalt, aggregate and concrete manufacturers; power plants; communications facilities; electronics manufacturers; medical device manufacturers; and others against enforcement actions brought by state, federal and environmental agencies, the Attorney General, and the United States Department of Justice
- 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 Comm’n v. Bd. of W. Tisbury, 62 Mass. App. Ct. 25 (Mass. Appeals Court, 2004)
- 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, No. 03-4339 (Mass. Super. Ct. 2004), White Pine, LLC v. Massachusetts DEP, No. 99-5758 (Mass. Super. Ct. 2001), and Fitzgerald v. Vincent, No. 2001-02 (Mass. Super. Ct. 2001)
- Represents numerous clients in multi-party superfund enforcement and litigation actions
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Permitting, Compliance, and Brownfields Redevelopment
- Represented Massachusetts Development Finance Agency with respect to remediation and redevelopment of the former Fort Devens
- Prepared environmental policies and supervised compliance and “beyond compliance” audits for industrial, energy, academic, and institutional clients
- Represented development authorities in Chelsea, Worcester, Springfield and Malden, Massachusetts in the acquisition, remediation, sale and redevelopment of former industrial properties for school, medical, residential, commercial, park and industrial use
- Advised the Massachusetts Bay Transportation Authority with respect to the permitting of the Greenbush Commuter Rail Line in metropolitan Boston
- Represented the Massachusetts Development Finance Agency in the siting of a $1.1 billion pharmaceutical manufacturing facility at the former Fort Devens
- Obtained permits for construction of a new recycle paper mill and for a significant expansion of a major textile manufacturing facility in New Hampshire
- Assisted developer of a 900,000 sq. ft. high tech office complex and recreational facility obtain needed endangered species, MEPA, and wetlands approvals
- Obtained environmental permits for Vineyard Golf Club (Edgartown, MA) and The Bay Club of Mattapoisett
- Represented the City of Everett with respect to the permitting and construction of a controversial new high school and park
- Represents owners of commercial and industrial property and businesses with respect to due diligence and transactional matters associated with environmental compliance, environmental remediation, and related matters
- Represented municipalities, manufacturers, and institutions with respect to regulatory closure of solid waste facilities
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Energy Facility Experience
- Successfully represented developer of a 360 MW combined cycle-electric generating plant in obtaining all required approvals; regularly advise owners and operators of numerous other power plants in compliance and enforcement matters
- Advised owners of approximately 25 coal, oil and natural gas fired 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 a Canadian owner of hydroelectric facilities obtain approvals for a major expansion of a 600 MW pump storage facility
- Successfully appealed Title V permit issued to 360 MW cogeneration facility located in New York State
- Represented multiple power plants in New Source Review related investigations and enforcement actions
- Represents operator of waste-to-energy facilities in environmental compliance matters
- Represents developers of renewable energy facilities fueled by landfill gas in acquisition, development, and enforcement actions
- Provides siting and permitting advice to facility converting food waste into biofuels
- Represents clients with respect to the creation and sale of carbon and emission-related credits
- Represents owners of distributed generating, emergency backup, small hydroelectric, and cogeneration facilities in permitting, compliance and enforcement actions
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 47th Annual Corporate Counsel Institute, Northwestern University School of Law (Chicago) on environmental corporate social responsibility (September 2008)
- Speaker at Law School for the CFO Conference on “Environmental Liability Opportunities in a Climate Challenged World” (September 2008)
- Speaker at Boston Bar Association Conference on Chapter 21E (hazardous materials) litigation (June 2008)
- Speaker at Boston Society of Civil Engineers on emerging 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)