Representative Matters

  • 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.