Environmental Law

Litigation

• Declaratory judgment action contesting MassDEP’s interpretation of the term “oil” as used in the Massachusetts Contingency Plan. Reported as Peterborough Oil Company, LLC v. Department of Environmental Protection, 474 Mass. 443 (2016).
• Former property owner on claims for reimbursement of clean-up costs for petroleum-contaminated soil, under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and G.L. c. 21E. Reported as Cariddi v. Consolidated Aluminum Corp., 478 F.Supp.2d 150 (D. Mass 2007).
• Defense of claims by property owners for alleged property damages and personal injuries associated with groundwater contamination from oil releases at service areas along the MassPike in Charlton, Massachusetts. Reported as Scavone v. Massachusetts Turnpike Authority, Worcester Superior Court (No. 94- 1098,) 1994WL 902896; Kempinski v. Massachusetts Turnpike Authority, Worcester Superior Court (No. 99-1277B), 11 Mass. L. Rptr. 435; Zagloba v.Massachusetts Turnpike Authority, Worcester Superior Court, 11 Mass. L Rept. 414.
• Claims brought against a municipality for damages and personal injury arising out of the release of gasoline from underground storage tanks. Reported as Gleason v. Town of Bolton, Worcester Superior Court (No. 99- 01194), 14 Mass L. Rptr. 678.
• Former manufacturer in the defense of claims for response action costs. Sanitoy Inc. v. Ilco Unican Corporation, 413 Mass. 627 (1992).
• Vermont municipality in connection with claims arising out of the premature failure of the pre-cast, pre-stressed, concrete plank roofing system of its slow sand water filtration plant.

Permitting and regulatory compliance

• Municipalities on appeals of NPDES permits to the Environmental Appeals Board: Town of Concord, DPW, NPDES 13-8, 16 E.A.D. (09/09/13); Charles River Pollution Control District, NPDES 14-1, 16 E.A.D. (08/27/14) (contesting EPA’s authority to regulate the Towns of Franklin, Medway, Bellingham and Millis as “co-permittees”).
• Municipality concerning need for a special permit to expand a sand and gravel operation. Oakham Sand & Gravel Corporation v. Town of Oakham, 54 Mass. App Ct. 80 (2002).
• Routinely represent parties on penalty assessments sought by Massachusetts Attorney General’s Office and MassDEP for alleged MCP, air, solid waste, wastewater, and hazardous waste management violations.
• Advise businesses and negotiate penalties on claims brought by the EPA in connection with air emissions, hazardous waste management, and wastewater discharges.
• Party in administrative appeals brought by a citizens group concerning a MassDEP Chapter 91 license and wetlands approval: In the Matter of Webster Ventures, LLC , DEP OADR Docket No. 2015-014 (Final Decision 08/15/16) and OADR DocketWET-2014-016 (Final Decision 03/26/15).
• District Counsel for the Upper Blackstone Water Pollution Abatement District (UBWPAD) and representation of the UBWPAD in connection with EPA NPDES permitting and appeal of UBWPAD’s 2008 NPDES permit to the Environmental Appeals Board and First Circuit Court of Appeals. Reported as Upper Blackstone Water Pollution Abatement Dist. v. S. Envtl. Prot. Agency, 690 F.3d 9, 15 (1st Cir. 2012), cert. denied, 133 S. Ct. 2382 (2013).
• Represented the buyer in the purchase of a renewable fuel generation facility business and real property, including responding to significant undisclosed environmental issues.
• Purchase of a former hospital site in a multi-phased, 10-year acquisition involving numerous real estate, environmental, zoning and leasing issues.

Transactional

• Parties in obtaining a Brownfields Covenant Not to Sue to address liability issues associated with pre-existing contamination.
• Regularly advise private businesses and negotiate settlement agreements in connection with completion of response actions under Chapter 21E and MCP.
• Routinely advise property owners on appropriate terms for Activity and Use Limitations under Chapter 21E and MCP.