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dmcsweeney@rubinrudman.com
Direct #: (617) 330-7194
Fax #: (617) 330-7550





David C. McSweeney


Environmental, Land Use and Zoning, Litigation and Real Estate Law:

  • Working with finance, design and development teams in implementing green construction techniques, including LEED credit standards, and realizing associated taxation and capitalization incentives for green building measures in brownfields and low income redevelopment projects.
  • Representing both individual and corporate clients in a wide array of transactional, environmental permitting and regulatory compliance issues, including, but not limited to all aspects of land use permitting, planning, and litigation, enforcement defense, corporate compliance counseling, hazardous waste litigation, administrative appeals, and wastewater discharge, wetlands and waterways permitting.
  • Successfully counseled developer clients in all aspects of brownfields redevelopment from the negotiation of the purchase and sale agreements, to attaining environmental insurance and all associated permitting.
  • Representing individual and corporate clients before the United States Environmental Protection Agency, Massachusetts Department of Environmental Protection, and local, municipal boards and Commissions in a wide variety of regulatory, permitting and appellate matters.
  • Litigating complex hazardous waste, compliance and wetlands matters before the Courts of the Commonwealth and Federal District Court.
  • Successfully pursued and recovered for clients millions of dollars in insurance defense and coverage for environmental releases and related third-party claims, including representation within associated insurance coverage litigations.
  • Negotiating complex wetlands permitting and enforcement matters on behalf of commercial and residential developer, and private clients throughout the Commonwealth, including representation within associated administrative and civil actions.
  • Working closely with the outside engineering and environmental consultants in preparing innovative design alternatives tailored to minimize development and permitting issues and achieve maximum compliance with respect to various environmental and land use laws and regulations.
  • Counseling corporations on various compliance issues related to state and federal environmental laws and local land use bylaws and regulations.

Practice Areas
Environmental, Land Use & Zoning
Litigation

Education
Vermont Law School, J.D. and M.S.E.L., 2002
Trinity College, B.A., 1997

Bar Admissions

Massachusetts
United States District Court, District of Massachusetts

Awards/Achievements

New England Super Lawyers / Boston Magazine, Rising Star, Environmental Law, 2009.

Professional and Community Involvements

Boston Bar Association -Environmental Law Section
Massachusetts Bar Association
Associate Member of the Licensed Site Professionals ("LSP") Association
Volunteer writing coach for Citizens Schools, 8th Grade Academy

Other

PUBLICATIONS

Jeffries v. Conservation Commission of Milton: Conservation Commission Proceedings and the Effect of the Mullin Rule, Association of Massachusetts Wetlands Scientist Quarterly Publication, Legal Update, September, 2004.

United States v. Rapanos: The Continuing Struggle for Jurisdiction Over Navigable Waters and Adjacent Wetlands, Association of Massachusetts Wetlands Scientists Quarterly Publication, Legal Update, June, 2005.

Gove v. Zoning Board of Appeals of Chatham: Regulatory Takings and Local Conservancy Districts, Association of Massachusetts Wetlands Scientists Quarterly Publication, Legal Update, September, 2005.