Beveridge & Diamond
 
Jeanine L.G. Grachuk photo

Jeanine L.G. Grachuk

Principal


15 Walnut Street
Suite 400
Wellesley, MA 02481-2133
Boston

Practices
Practices
Education
Education
  • Wesleyan University (B.A., Environmental Science and Science in Society, 1991)
  • Harvard Law School (J.D., cum laude, 1995)
Bar Admissions & Memberships
Bar Admissions & Memberships
  • Massachusetts
  • District of Columbia
  • Federal District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • American Bar Association
  • Boston Bar Association
  • Massachusetts Bar Association
  • Environmental Business Council of New England, Site Remediation and Redevelopment Committee
  • Licensed Site Professional Association, Associate Member
  • New England Women in Real Estate
  • National Association of Industrial and Office Properties

Jeanine Grachuk’s practice includes environmental compliance counseling, environmental permitting of energy and brownfields redevelopment projects, and advice on managing environmental risk in complex transactions such as through environmental risk insurance. Ms. Grachuk has experience with environmental issues arising within a variety of industrial sectors, including power generation, chemical production, and solid waste disposal.

Ms. Grachuk is recognized as a leading environmental practitioner in Massachusetts in Chambers USA 2012-2017.  She was also selected for inclusion in the 2012-2016 editions of Super Lawyers

Ms. Grachuk’s experience includes the following:

Air

  • Counsel on compliance with requirements of Clean Air Act Title V operating permits at industrial facilities, including deviation reporting and compliance certification requirements and potential related enforcement.
  • Advise on major source air permitting to determine whether new source review permitting would apply, including communications with state agencies for confirmation of determinations that no permitting was required.
  • Counsel on applicability of and compliance with various NSPS and NESHAP requirements to ongoing industrial operations.

Release Reporting

  • Advise on whether, when and how to report releases of oil, hazardous substances, or extremely hazardous substances under CERCLA, EPCRA, the Clean Water Act, and similar state laws, including continuous release reporting and federally permitted release exemptions under CERCLA and EPCRA.

Contaminated Sites

  • Provide strategic advice on the path to achieving closure under Massachusetts cleanup law for a historic release of lead and volatile organic compounds at a former manufacturing site that has been redeveloped for large scale residential use. Site closure involved difficult negotiations with state environmental agency over vapor intrusion risks in residential structures at a time when the state environmental agency was engaging in a significant, comprehensive revision of its vapor intrusion practices and guidance.
  • Defend against audit by state agency that alleges assessment and remedial strategy were insufficient under Massachusetts cleanup law in relation to historic release of volatile organic compounds, potentially resulting in dense non-aqueous phase liquid in fractured bedrock at a former manufacturing site.
  • Defend and negotiate settlement of high value claim that a historic release caused contamination on neighboring property resulting in third-party clean-up costs under state law.
  • Negotiate consent decree with the United States Department of Justice in relation to the liability of the Department of Defense for contamination of a site in eastern Massachusetts caused by munitions manufacturing operations.
  • Perform environmental due diligence reviews on various industrial and commercial properties, including power generation plants, chemical production facilities, and shopping centers.
  • Counsel on liability issues and cleanup requirements associated with contaminated sites throughout Massachusetts, including negotiation of cost-sharing agreements, tolling agreements, and consultant services agreements.
  • Negotiate policies of environmental insurance and environmental provisions of purchase and sale agreements in the context of the sale or purchase of commercial and industrial properties, primarily in Massachusetts.
  • Negotiate of Covenants Not to Sue with the Attorney General of the Commonwealth of Massachusetts in the context of acquisition of contaminated industrial properties in eastern Massachusetts.

Ms. Grachuk has lectured on the Massachusetts cleanup law and environmental risk insurance.

Ms. Grachuk is admitted to the Massachusetts and District of Columbia bars.  She received her J.D. (cum laude) from Harvard Law School in 1995, and her B.A. from Wesleyan University in Environmental Science and Science in Society in 1991. Ms. Grachuk clerked at the Connecticut Supreme Court for former Chief Justice Ellen A. Peters.

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Presentations
Presentations

June 6, 2017:  Panelist, “Polychlorinated Biphenyl Building Materials in Redevelopment,” presented at Environmental Bankers Association, Summer Conference, Providence, RI.

 June 6, 2017:  Co-presenter, “Learning From Others’ Mistakes:  How a Federal Jury Tagged a New Landowner with PCB Liability,” presented at Environmental Bankers Association, Summer Conference, Providence, RI.

 November 15, 2016:  Moderator, “What You Need to Know When Your Site is Part of a Lawsuit, or, the Role of the LSP in Litigation,” presented at Licensed Site Professional Association Membership Meeting.

May 10, 2012: Legal Issues relating to "Putting the Line on the Map: Issues Encountered in Defining the Boundaries of an MCP Disposal Site," presented at Licensed Site Professional Association Membership Meeting.

March 9, 2010: "Downgradient Property Status," presented at Licensed Site Professional Association Membership Meeting

November 25, 2008: Moderator, "New Tools of the Trades - Moving Redevelopment Projects Forward," presented at EBC Celebrates the Future of Brownfields

October 21, 2008: Moderator, "Green Remediation," presented at EBC Site Remediation and Redevelopment Committee Meeting

December 20, 2007:  "Understanding Deed Restrictions Limiting Exposure to Environmental Contamination," presented to the Boston Bar Association Real Estate Section Title & Conveyancing Committee