Projects

  • Precedent-setting results in complex multi-party litigation and settlement, including:
    • United States v. Cannons Engineering (1st Cir. 1989)
    • Caldwell Trucking v. Rexon (3rd Cir. 2005)
  • Selected as lead allocator for Cooperating Parties Group at Lower Passaic River Study Area.
  • Mediated conflicts between government and 60+ potentially responsible parties for performance of $120 million remedy at Fike/Artel Superfund site in WV
  • Assist clients and PRP groups in favorable allocations of liability in environmental disputes in AK, CA, MN, NJ, NY, MA, NH, PA, RI, TN, VT, WV and WI
  • Represented clients:
    • Housatonic River PCB sediment site in MA and CT
    • Lower Fox River PCB sediment site in WI
    • Logan Airport remediation in Boston
    • Miami International Airport remediation
    • Scores of other Superfund sites and RCRA facilities involved in corrective action, regulatory and cleanup issues
  • Expert witness:
    • Superfund site allocation with successive steel plant owners, operators
    • Allocation of contamination at municipal airport used historically for military purposes
    • Air contaminants on impacted neighborhoods impacted by multiple facilities
    • Allocation between the United States and contractors at government-owned contractor operated air force base
    • Allocation of liability for contamination at Cold War Distant Early Warning site
    • Divisibility of harm assertions based on geographical, waste type, and successor owner/operator and generator temporal distinctions
  • Deemed by Lawyers Weekly “most helpful expert” denying $25M environmental indemnification provision in purchase share agreement (1/2/2008)
  • Prepared expert reports on regulation of rail transport of hazardous material, air regulation of lead emissions from smelters and during transportation in collaboration with Gradient Corporation
  • Partnered with Camp, Dresser & McKee and Conservation Law Foundations Ventures, Inc. to manage public and regulatory stakeholder involvement in closure and decommissioning of nuclear power plants
  • Developed evaluation licenses, web portal agreements, manufacturing license, manufacturing agreements, agreements for technology development, consulting services, website development and maintenance, preferred provider, non-disclosure agreements and handled environmental and intellectual property issues in mergers and acquisitions
  • Negotiated mainframe IT outsourcing contract for major semiconductor manufacturer
  • Represented citizen groups in precedent-setting appeal of municipal sewage treatment plant permits, in citizen suit actions to enforce water quality standards, in challenges to waterfront developers’ compliance with public access requirements and in challenges to landfill and groundwater discharge permits

Firm Highlights

Press Coverage

6th Circ. Says Auto Parts Co. Can't Arbitrate Price-Fixing Suit

On February 24, a three-judge panel of the Sixth Circuit Court of Appeals upheld a Michigan district court's January 2019 decision that KYB Corp. can't force a suit accusing it of conspiring with other auto parts...

Publication

Maine Workers' Comp Alert: WCB Announces New Nature and Cause of Injury Codes and FAQ for COVID-19

New Nature & Cause of Injury Codes The Maine Workers’ Compensation Board (WCB) has updated the Injury Description Tables that are used by the International Association of Industrial Accident Boards and Commissions (IAIABC) to...

News

Benchmark Litigation Names Preti Flaherty 2020 “Maine Firm of the Year”

Benchmark Litigation has named Preti Flaherty as 2020 Litigation Firm of the Year in the State of Maine. The Benchmark Awards honor distinguished litigators and law firms in all 50 states and 10 practice...

Publication

NH Gov. Sununu Issues Stay-At-Home Order - Construction Considered Essential Industry

Yesterday, in response to the COVID-19 outbreak, New Hampshire Governor Chris Sununu issued an emergency order shuttering all non-essential businesses in the state effective today. This morning, the governor's office released a list of...

News

Preti Flaherty Welcomes Attorneys James W. Beers, Jr., and Alan E. Topalian to the Firm

Preti Flaherty is pleased to announce the arrival of two new attorneys: James W. Beers, Jr., and Alan E. Topalian. James joins the Environmental Practice Group as a Director and will work from the...

News

Attorney Betsy E. Wakefield Joins Preti Flaherty’s Business Law Group

Preti Flaherty is pleased to announce that Betsy E. Wakefield has joined the firm. Betsy will practice with the Business Law Group from the firm’s Portland office, where she will be counseling banking and...

Press Coverage

Maine - Waterville Coronavirus Panel Illegally Met in Secret

A Waterville City Council coronavirus subcommittee formed in response to the outbreak has been accused of illegally meeting in secret, denying public access to its deliberations, and making unlawful decisions. Extended Coverage: Virus Concerns Lead to 'Public' Meetings Without...

Press Coverage

Maine State Police May Be Spying on You

Police and governments are increasingly turning to new tracking and monitoring methods in their efforts to prevent and record evidence of crimes. A Portland Press Herald investigation examines these expanding law enforcement abilities and the...

Publication

EPA Announces Temporary Relaxation of Certain Environmental Compliance and Monitoring Obligations During the COVID-19 Pandemic

Citing potential worker shortages and social distancing and travel restrictions related to the COVID-19 pandemic, on Thursday, March 26, 2020, the U.S. Environmental Protection Agency announced that it would exercise enforcement discretion and temporarily...

Event

2020 Employment Law Series: A Legislative Update for HR Professionals

For more than 25 years, Preti Flaherty's Employment Law Group has been keeping clients, business partners, and friends up to date on recent developments in employment law. Join us as we continue that tradition...