Clients rely on our environment and energy team to anticipate and advise them on the strategic implications of their business and litigation decisions and emerging challenges. Our lawyers advise our clients from a strong understanding of each client, the client’s business, and the key issues that drive their businesses.
Representative Matters
Real estate investment trust—Acquisition
Represented a real estate investment trust in its acquisition and redevelopment—with its joint venture partner—of a former ship demolition and salvaging facility bordering the Delaware River. The representation included conducting an environmental due diligence investigation; evaluating site remediation status; and counseling regarding brownfield redevelopment, remediation reimbursement, and available brownfield grant and loan options.
Louisiana municipal utility—MISO integration
Assisted a Louisiana municipality in integrating its electric utility system and generation and transmission assets into the Midcontinent Independent System Operator (MISO) marketplace and assists the municipality with its ongoing participation in the MISO capacity, energy and ancillary services markets, and with its compliance with MISO market rules. We also represent the municipality’s interests in administrative litigation before FERC.
Rail transport company—Site remediation for redevelopment
Represent a commercial rail transport company in environmental matters associated with the redevelopment of environmentally impacted property located in northern New Jersey, for critical commercial rail transportation purposes. Our representation includes overseeing and resolving legal issues related to the remediation of the property in advance of redevelopment and counseling concerning site remediation cost allocation matters.
International mining company—Environmental site remediation, regulatory compliance
Advising a publicly traded international metals mining company in connection with the remediation and redevelopment of a large former copper smelting facility. Our work includes handling the defense and settlement of a threatened Resource Conservation and Recovery Act claim and the defense of a class action toxic tort lawsuit; assisting the client in addressing regulatory requirements for the on-site and off-site investigation and remediation of legacy contamination issues, including in residential areas in the surrounding community and in certain tidal wetlands and surface water bodies; and addressing regulatory issues arising from the divestiture and redevelopment of the property.
Connecticut Health and Educational Facilities Authority—Special counsel
Serve as special counsel to CHEFA since 2006, advising on environmental issues related to bond issuances supporting the construction or renovation of hospitals and private schools.
Pool parts and equipment manufacturer—Acquisitions and divestitures
Represent a pool parts manufacturer concerning the environmental aspects of numerous transactional matters throughout the United States and abroad. These matters have included acquisitions of pool and spa equipment manufacturers, a circulation systems manufacturer and automatic pool chemical distribution software company, the divestiture of a former manufacturing plant in California, and the leasing of a new corporate headquarters. The representation also has included counseling with respect to remediation and redevelopment of legacy manufacturing facilities in New Jersey.
Town of Greenwich, Connecticut—Environmental matters
Advise the Town of Greenwich, Connecticut on myriad environmental issues related to the historical use of town properties. Negotiated two Consent Decrees for the Town related to sewer issues and are handling complex remediation issues at Town properties. These matters involve complex negotiations with federal, state and local regulators and sensitive communications with Town residents.
Real estate development company—Brownfields redevelopment matters
Represent a leading real estate development company with respect to all environmental matters arising from the acquisition and subsequent redevelopment of a 250-acre former chemical manufacturing site. Our work at this brownfield site, which now boasts five new state-of–the-art industrial logistics buildings, has included handling environmental due diligence review and negotiation of environmental terms of sale and site remediation compliance issues arising from the post-acquisition subdivision and redevelopment of this former industrial tract. We also have reviewed and drafted terms for new environmental insurance coverage and for the assignment of, or rights under, certain existing environmental insurance policies.
Connecticut municipal electric utility—Numerous transactions, litigation
Represented a Connecticut municipal electric utility since 1987 on a broad range of issues, initially involving the purchase of power from a Federal Energy Regulatory Commission-regulated, investor-owned utility and more recently in matters related to participation in the ISO New England wholesale electric markets. He also has represented this utility in the leasing of municipally owned land to an independent power producer for the development of new generation, including such related matters as a property tax agreement and a Large Generator Interconnection Agreement.
Electric cooperative—Board attorney
Advising Board of Directors of a large G&T cooperative as Board Attorney.
Major Massachusetts transit authority—Environmental compliance and land use
Represents a major Massachusetts transit authority concerning environmental compliance and land use matters. Significant examples have included (i) negotiating with environmental regulatory agencies regarding alleged violations, including resolutions via negotiated consent agreements; (ii) coordinating with real estate attorneys to represent the transit authority in a major air-rights/terra firma development project located in a highly desirable area of Boston; and (iii) representing the client in environmental matters alleged by abutters to client-owned properties throughout Massachusetts.
Foundry—Superfund settlement
Obtained a favorable settlement of an alleged liability of our foundry client at a multiparty Superfund site.
Patriots Energy—Natural gas pipeline
Represented Patriots Energy regarding a publicly financed, 42-mile high-pressure intrastate natural gas pipeline. We also serve as general counsel to Patriots Energy.
C&S Wholesale Grocers—Environmental counseling
Serve as environmental counsel to one of the country’s largest grocery supply companies, advising the company on acquisition issues, material handling and transportation, insurance coverage, permitting, and other operational issues.
Multinational construction company—Site investigation, remediation
Advise a multinational infrastructure construction company on the investigation and remediation of soil and groundwater contamination at, and emanating from, a legacy site in New Jersey. The representation includes interfacing with a licensed site remediation professional, resolving issues associated with the investigation and remediation of substantial groundwater plume and vapor intrusion issues, negotiating off-site access agreements, and assisting the client with recoupment of site remediation costs under an existing settlement agreement with a major insurance carrier.
Real estate private equity company—Environmental issues
Counsels a real estate private equity company on environmental issues associated with nationwide acquisitions of properties.