Representative Experience

Compliance Counseling

  • Counseled on compliance with requirements of Clean Air Act, Title V operating permits at industrial facilities, including deviation reporting and compliance certification requirements and potentially related enforcement.
  • Counseled on hazardous waste issues, including hazardous waste generation determinations, short-term changes in generator status, hazardous waste management requirements, and reporting obligations.
  • Counseled on permit transfer and modification requirements for various industrial clients to address mergers, acquisitions, and corporate restructurings including hazardous waste permits, Title V permits, and National Pollutant Discharge Elimination System (NPDES) permits.
  • Advised on whether, when, and how to report releases of oil, hazardous substances, or extremely hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Emergency Planning and Community Right-to-Know Act (EPCRA), the Clean Water Act, and similar state laws, including continuous release reporting and federally permitted release exemptions under CERCLA and EPCRA.

Contaminated Sites

  • Provided 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 was redeveloped for large-scale residential use. Site closure involved difficult negotiations with the state environmental agency over vapor intrusion risks in residential structures at a time when the state environmental agency was engaging in a comprehensive revision of its vapor intrusion practices and guidance.
  • Defended against an audit by a state agency that alleged assessment and remedial strategy were insufficient under Massachusetts cleanup law in relation to the historic release of volatile organic compounds, potentially resulting in dense non-aqueous phase liquid in fractured bedrock at a former manufacturing site.
  • Defended and negotiated a settlement of a high-value claim that a historic release caused contamination on neighboring property, resulting in third-party cleanup costs under state law.
  • Negotiated a 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.
  • Performed environmental due diligence reviews on various industrial and commercial properties, including power generation plants, chemical production facilities, and shopping centers.
  • Counseled on liability issues and cleanup requirements associated with contaminated sites throughout Massachusetts, including negotiation of cost-sharing agreements, tolling agreements, and consultant services agreements.
  • Negotiated 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.
  • Negotiated Covenants Not to Sue with the Attorney General of the Commonwealth of Massachusetts in the context of the acquisition of contaminated industrial properties in eastern Massachusetts.