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The firm has wide-ranging experience in environmental matters, from pre-construction review through developmental permitting, and we are particularly adept at anticipating and dealing with the types of environmental issues that arise in connection with complex projects. We are experienced in all aspects of environmental law, including facility permitting, brownfields redevelopment, incentive programs and financing as well as hazardous waste cleanup, enforcement defense, crisis management, and governmental relations at federal, state and local levels. The firm, however, distinguishes its practice by focusing on broader client objectives, including avoidance of future problems by risk management, employing workable environmental practices and procedures, and increasing public awareness of community benefits of the client's business and activities. These services are as follows:
- Environmental Permitting. The firm has extensive experience in the licensing and environmental permitting for the siting and development of large-scale land use projects such as industrial facilities, hotels, office buildings and parks, shopping centers, affordable housing projects, other residential complexes, and mixed use developments by facilitating infrastructure improvements and/or environmental permitting.
- Administrative and Judicial Appeals. Once permitting processes are complete on the federal, state or local levels, we continue to represent permittees to challenge any adverse permit decisions, to enforce permit rights and to defend against permit challenges raised by third parties. Our attorneys have successfully defended against wetlands, wastewater, and other permit appeals before the DEP's Office of Administrative Appeals, and have defended further appeals of such agency decisions to the State Courts.
- Brownfields Redevelopment and Hazardous Materials Cleanup. Our firm is particularly experienced in the redevelopment of hazardous waste brownfields sites, utilizing a combination of federal, state and local tax credit, financing, and insurance products designed to maximize market value while minimizing environmental liabilities.
- Environmental Compliance Counseling. The firm engages in environmental compliance counseling concerning requirements of federal, state, and local laws governing hazardous materials generation, treatment, storage and disposal, air and water pollution control, underground storage tanks, toxic use and source reduction, and historic preservation.
- Corporate Due Diligence and Environmental Auditing. The firm has particular experience in due diligence reviews of businesses or properties to be acquired or sold, the evaluation of potential environmental liabilities in financing and other transactions; and risk avoidance including the structuring and supervision of environmental audits.
- Administrative Enforcement and Penalty Actions. The firm has extensive experience in administrative enforcement and penalty assessment actions and appeals including defense of public and private sector clients before the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and state and local environmental agencies; and appeals of federal, state and local agency actions concerning permits, approvals, and licenses.
Representative Transactions
- Represented developer in securing state brownfields financing for environmental assessment and cleanup for proposed $14 million mixed use project.
- Represented seller in disposition of former gas station facilties, including the securing of environmental insurance and related incentives.
- Represented environmental cleanup firm is Massachusetts DEP enforcement intiative involving alleged violations of laws involving asbestos containment and removal, hazardous materials handling, and hazardous waste remediation.
- Represented client in defense of EPA enforcement action involving violations under the federal clean water act.
- Represented hotel developer client in successful resolution of wetlands administrative appeals action brought by abutters.
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