Our Professional Directory

Environmental Litigation Experience

• Lead counsel in defense of state enforcement action seeking $250 million remedy to address mercury contaminated soils, sediments, and groundwater at RCRA and Maine Uncontrolled Hazardous Substances Site. Two week state administrative hearing led to modified order requiring $100 million remedy. Case is currently on appeal. (United States Surgical Corporation and Mallinckrodt US LLC v. Maine Department of Environmental Protection).
  
• Lead co-counsel in numerous Superfund/CERCLA cases across the nation including: Beede Waste Oil Site in New Hampshire; American Drum & Pallet Site in Tennessee; Rocky Flats Industrial Park Site in Colorado; Recticon/Allied Steel and Taylor Borough Sites in Pennsylvania; Philips Services Site in South Carolina.
  
• Lead counsel in largest Clean Water Act permit enforcement case ever brought by EPA and DOJ. Civil action against fourth largest coal company in U.S. involving over 100 mining facilities with operations in numerous states and dozens of Clean Water Act and SMCRA permits. Case resulted in payment of the largest civil penalty paid to date under the Clean Water Act for permit violations. (United States v. Massey Energy Company)
  
• Co-counsel in first Clean Air Act case brought pursuant to EPA's Pulp & Paper Initiative under the federal New Source Review Program. First phase of this case involved a week-long trial in Maryland U.S. District Court regarding the availability of Best Available Control Technology for alleged violations of EPA's Prevention of Significant Deterioration Program. (United States v. MeadWestvaco Corporation).
  
• Co-counsel representing the U.S. Department of Interior in civil action to recover natural resource damages for harm to Rocky Mountain National Park in Colorado. Case settlement obtained on eve of trial for the largest natural resource damages recovery to date under the Park Services Resource Protection Act (United States v. Water Supply and Storage Company). Jeff has also worked on a number of significant cases involving natural resource damages under CERCLA, including the South River in Virginia, and the Palmerton Site in Pennsylvania.

Jeff has significant litigation experience and represents clients in a number of state and federal cases across the country involving a wide variety of environmental statutes, including complex multi-party Superfund sites. Click here for a larger list of representative litigation matters.

Environmental Compliance & Due Diligence

• Serving as general outside in-house counsel on environmental issues for a large multinational corporation.
  
• Advising pulped paper client regarding Clean Air Act implications of corporate transactions involving change in facility use and operations.
  
• Advising private investment firm regarding Clean Air Act aspects of power plant acquisition and operation.
  
• Creating an industry-specific environmental due diligence program for one of the largest banks in the world.
  
• Advising clients for purposes of strategic planning regarding federal and state regulation of greenhouse gases.
  
• Advising developers regarding environmental due diligence and Brownfield redevelopment projects.

Environmental Aspects of Permitting Projects

Jeff has represented clients seeking federal and state environmental permits. Representative projects include:

• Co-counsel representing Calais LNG in its effort to obtain state and federal permits to build and operate a liquefied natural gas receiving terminal in Calais, Maine. Permits for the project were required under the Clean Water Act, Clean Air Act, Site Location of Development Act, and Natural Resources Protection Act and required, among other things, an analysis of the projects impacts on sensitive habitat, marine life, noise, light, visual, and air impacts on Class I areas.
  
• Lead counsel representing private company in obtaining and defending environmental permits for $60 million development project. Permits obtained under Maine's Site Location of Development Act and Natural Resources Protection Act.