Marc helps clients resolve problems and disputes arising from environmental contamination and residential, commercial, and industrial project development.
Marc helps clients resolve problems and disputes arising from environmental contamination and residential, commercial, and industrial project development. Going beyond legal issues, Marc works closely with clients to address the business risks and solve the business problems that complex environmental and land use disputes pose. For example, Marc defends companies against government enforcement actions threatening to shut their businesses for months or permanently.
Marc also works on contaminated property cases under CERCLA and Massachusetts Chapter 21E, helping clients address issues related to traditional contaminants like PCBs and new and emerging contaminants like dioxane and PFAS. For example, he led a trial team through 80 days of depositions and a six-week jury trial in an environmental case with 17 parties and $12.5 million at stake. In addition, he parlays his prior experience representing municipalities and his training as a journalist to build local support for land use projects and assist individual landowners in front of local permitting boards.
Examples of Marc’s experience include:
- Securing a verdict of no liability following a six-week jury trial in U.S. District Court for the District of Massachusetts in a 17-party contribution action regarding PCB contamination in a Boston river on behalf of a large multinational company. Marc coordinated a joint defense group in a defense of $12.5 million in cleanup cost claims. Marc is defending this verdict at the First Circuit Court of Appeals.
- Permitting solid waste projects, including a controversial 1,000-ton-per-day waste transfer station in Holbrook, Massachusetts opposed by neighboring towns. In addition to obtaining a site assignment from MassDEP and the Holbrook Board of Health, Marc successfully obtained and defended permits from the local conservation commission, zoning board, and planning board. Because the project will ship waste by rail, Marc has been involved in design and negotiations with CSX, the MBTA, and MassDOT.
- Responding to third-party discovery requests at the U.S. Surface Transportation Board in litigation regarding railroad tariffs on behalf of the largest owner of rail tank cars.
- Preparing for trial in U.S. District Court for the Northern District of Illinois in a $100-million citizen suit brought by the Sierra Club and other environmental groups against largest publicly-owned treatment works system in the Midwest alleging noncompliance with NPDES permit requirements.
- Responding to enforcement actions by state and federal agencies, including successfully resolving an enforcement matter by Massachusetts Attorney General’s office alleging claims of misrepresentations in commercial advertising of pesticides. Marc negotiates and litigates enforcement orders regarding alleged wetland violations under local and state requirements, state pesticide licensing, and failures to obtain necessary zoning permits for businesses.
- Evaluating options for responding to Record of Decision at Portland Harbor Superfund Site requiring a remedy exceeding $1 billion.
In addition to serving as the Boston office Managing Principal, Marc is a member of the firm’s Management Committee. Marc also puts his techie side to work as Chair of the firm’s Technology Committee. He serves as a Co-Chair of the Hazardous and Solid Waste Subcommittee of the Boston Bar Association’s Environmental Committee and is Co-Chair of the American Bar Association’s Real Estate, Condemnation, and Trust Litigation Committee in the Section of Litigation.
If Marc wasn’t practicing law, he would be somewhere in the wine industry, having dabbled with friends in making a zinfandel and sauvignon blanc under the label Fainwood.
- Lehigh University (B.A., summa cum laude, 1994)
- Economics and Journalism
- Harvard University (J.D., cum laude, 1997)
- District of Columbia
- U.S. Court of Appeals - D.C. Circuit
- U.S. Court of Appeals - First Circuit
- U.S. Court of Appeals - Third Circuit
- U.S. District Court - Massachusetts
- U.S. District Court - Northern District of Illinois
- American Bar Association
- Massachusetts Bar Association
- Boston Bar Association
- National Association of Home Builders
- Builders Association of Greater Boston
- Leadership MetroWest, Board Member, Leadership Academy Graduate (2007)
Honors & Awards
- The Best Lawyers in America, recognition in Environmental Law and Environmental Litigation (2015-2019)
- Super Lawyers/Rising Stars, Massachusetts Super Lawyer (2013-2018)
- Who's Who Legal, recognition in Environmental Law (2018)
- Chambers USA, recognized practitioner in Environmental Law (2017)
- Super Lawyers/Rising Stars, Massachusetts Rising Star (2006-2008; 2010-2012)