Representative Matters

Transportation

  • Serve as lead environmental counsel to the Union Station Redevelopment Corporation on a large-scale expansion and modernization of the Union Station site, the second busiest rail station in the Northeast corridor.  We work closely with over a dozen federal and local agencies, including project proponent Amtrak and the lead federal agency, the Federal Railroad Administration (FRA), in preparing environmental and historic preservation documents as well as preparing for possible litigation once the FRA issues a Record of Decision.
  • Defended a railway's proposed $250 million regional intermodal freight facility in Kansas against environmental group challenges under NEPA and Section 404 of the Clean Water Act.
  • Served as outside counsel on infrastructure policy and development for state departments of transportation and water commissions and metropolitan planning organizations.

Buildings

  • Secured a unanimous ruling for the State of North Dakota from the United States Court of Appeals for the District of Columbia Circuit allowing the design of a $250 million water treatment plant to proceed. In an important ruling of first impression, the court held that completion of the decision-making process under NEPA constitutes a changed circumstance under Rule 60(b)(5) where an injunction was issued based on a prior NEPA review that was found to be legally deficient.
  • Obtained local, state, and federal permits for a 600 ton per day materials recycling facility on a 40-acre property in Massachusetts, including an enclosed 80,000 square-foot processing building.
  • Secured land use and environmental permits for the build-out of retail stores throughout Massachusetts on behalf of Fortune’s top-ranked food and drug company and one of the largest U.S. commercial banks.
  • Obtained approvals for the rental and sale of multi-family affordable housing projects and market-rate, single-family subdivisions in Massachusetts.

Energy & Natural Resources

  • Assisted with the successful permitting of an innovative transmission line installation providing power to New York City from a new 512 MW power plant in Bayonne, New Jersey.
  • Advised an energy company in regulatory matters associated with a proposed new 750 MW power plant on Long Island, New York, including full support for the project’s environmental review, permits, and land use/zoning approvals.
  • Counseled an energy company on all environmental issues associated with the siting, permitting, and operation of its multi-state pipelines nationwide, including strategies to avoid or minimize regulatory burdens under the CWA and Endangered Species Act (ESA).
  • Defended royalty collection actions, brought by the Interior Department’s Office of Natural Resources Revenue, against oil and gas producers on federal and tribal lands.
  • Advised on all aspects of offshore oil and gas production from the initial leasing process to operations and decommissioning activities, and other regulatory compliance matters.
  • Completed the NEPA process for a proposed molybdenum mine in Nevada—one of the first new federal major mining permits issued in many years.

Pipelines

  • Represented a Pacific Northwest county in permitting, enforcement, litigation (including a CWA citizen suit), and negotiation of Supplemental Environmental Projects arising from the construction of a 60-mile natural gas pipeline with almost 200 jurisdictional water and wetlands crossings, many of which were through habitat for ESA-listed salmonids.
  • Assisted Outer Continental Shelf oil and gas operators with issues related to the decommissioning and abandonment of subsea pipelines.
  • Represented midstream oil and gas companies on a range of environmental issues relating to pipeline siting, including identifying NEPA strategies, coordinating ESA compliance, evaluating CWA jurisdiction and permitting impacts to waters and wetlands, and coordinating with federal and state agencies to obtain all necessary permits and authorizations.
  • Counseled midstream oil and gas companies on the development of multi-state habitat conservation plans under the ESA to obtain incidental take permits covering pipeline development, operation, and related activities.
  • Drafted comments on proposed Bureau of Land Management rules regulating the acquisition and maintenance of pipeline rights-of-way on behalf of a natural gas pipeline trade association.