Foley Hoag LLP

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

Served as liaison counsel for the generator defendants in a $75 million government enforcement action. We also represented one of the defendants individually, obtaining a beneficial settlement after demonstrating that none of the wastes at the site contained the chemical signature of wastes generated by that party.

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 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. 

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.

Served as common counsel to 25 defendants in a $60 million case involving the cleanup of four related sites in Massachusetts and New Hampshire. After negotiating an extremely favorable settlement with the two governments, we defended that settlement before the First Circuit Court of Appeals in what has become the leading case nationally on Superfund settlements. In a related action, we obtained a multi-million-dollar summary judgment award against the site operator. 

Successfully defended in Land Court the right of a local planning board to condition its approval of a residential subdivision

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

Defended against challenges to permits issues for two separate golf course projects

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, Construction & Development, Environmental Compliance, Government Strategies

In one complex, multi-party case, we advised our client regarding matters we believed needed to be litigated before ADR could be effective. We then represented our client in the mediation process, achieving a settlement requiring the defendants to take over the cleanup at all of the sites at issue in the case.

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 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 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 Raytheon Company in an action seeking recovery of millions of dollars in costs related to the cleanup of approximately 60 sites in several states. The case settled on the eve of trial.

Represented the former operator of an industrial facility in defense of claims by more than thirty neighbors claiming personal injury and property damage from alleged exposure to hazardous chemicals. After having the personal injury claims dismissed, we were able to settle the property damage claims through mediation.

Represented the Massachusetts Bay Transportation Authority in two actions to recover environmental cleanup costs from railroad companies that previously owned and operated facilities now owned by the Authority

Retained to appeal a summary judgment granted to an insurer on grounds that “owned property” exclusion precluded coverage under a homeowner’s policy liability provisions for the costs of cleanup of a home-heating oil spill. The Supreme Judicial Court reversed, agreeing that costs incurred to abate contamination of third-party property are covered, even if remedial work is performed on the policyholder’s property. The case is now widely cited to defeat “owned property” defense under commercial liability insurance.

On a pro bono basis, helped an organization providing transitional housing to women in need in Central Massachusetts to negotiate the cleanup of petroleum from an underground storage tank from a neighboring property. That negotiation allows the organization to proceed with plans to finance major renovations to the property and expand their services to the community.