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Environmental and Land Use

We represent clients throughout New England, the continental United States, as well as U.S. territories in regulatory compliance and permitting matters, environmental impact reviews and enforcement challenges, environmental issues associated with corporate transactions and property development, and hazardous waste disposal, contamination and remediation concerns with full litigation services associated with this work.

We counsel and provide opinions to corporate, financial and real estate clients on environmental issues associated with business and real property acquisitions and financings. Members of our group include a former Deputy General Counsel for the U.S. Environmental Protection Agency and a former Commissioner of the Massachusetts Department of Environmental Protection.

We streamline and coordinate permitting for private and commercial entities through the complicated interrelationship of local, state and federal land use regulatory programs such as floodplain and wetlands permitting, septic and zoning subdivision. We are experienced in advising clients impacted by key federal and state legislation:

  • The Clean Air Act of 1970 (CAA)
  • The Clean Water Act of 1972 (CWA)
  • The National Environmental Policy Act (NEPA) and numerous other federal regulations
  • Massachusetts state regulations including the Massachusetts Environmental Policy Act (MEPA) and the Massachusetts Endangered Species Act (MESA)

In coordination with our Real Estate lawyers, Environmental team members advise a range of real estate concerns, including developers, investors and property managers, in connection with federal “Superfund” sites in New England and programs under Massachusetts’ Chapter 21E, Chapter 40B and Chapter 91, as well as ACOE licensing applications. We apply our extensive legal knowledge of the provisions under these state programs with a practical approach.

Clients seek our advice on projects from inception through design, planning, numerous filings, public hearings and the issuance of the necessary approvals. We assist clients with the administrative appeals process and, if necessary, litigation. We advise and advocate for our clients in matters of oil and hazardous material assessment, compliance, and litigation as well as cost recovered proceedings, reimbursement, indemnity and contribution from all Potentially Responsible Parties (PRPs), including seeking insurance defense and coverage.