Representative Matters

  • RCRA – 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 $120 million remedy. Case is currently on appeal. (Maine Department of Environmental Protection v. United States Surgical Corporation and Mallinckrodt US LLC).
  • CERCLA/Superfund – Counsel in numerous Superfund/uncontrolled sites cases across the nation including: Conservation Chemical Co. Site in Missouri, Saco Municipal Landfill Site and Portland Bangor Waste Oil Site in Maine, Rocky Hill Municipal Wellfield Site in New Jersey, Bosch Braking System Site in Michigan, Beede Waste Oil Site and Coakley Landfill 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.
  • Endangered Species Act – Lead counsel in defense of citizen suit against hydro power project alleging that the project was "taking" Atlantic Salmon in violation of the Endangered Species Act. (Friends of Merrymeeting Bay et al. v. Miller Hydro Group)
  • Clean Water Act – Lead counsel for EPA 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 more than 100 mining facilities with operations in numerous states and dozens of Clean Water Act and SMCRA permits. (United States v. Massey Energy Company)
  • Clean Air Act – Co-counsel for EPA 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).
  • Natural Resource Damages/Park Services Resource Protection Act – Counsel representing large multinational corporation in defense of Natural Resource Damage claim by Maine Department of Environmental Protection. 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).  

Preti Flaherty also has significant experience in environmental toxic tort and property damage cases and has represented plaintiffs and defendants in such litigation.  

Representative Environmental Toxic Tort and Property Damage Matters & Experience

  • Cancer Cluster – Defend Fortune 500 consumer products company in multi-plaintiff toxic tort lawsuit involving alleged cancer cluster.
  • Uranium Contamination – Represented homeowner in case involving uranium contamination in residential drinking water.
  • Landfill Property Damage – Resolved multimillion dollar property damage claims against municipality for residential and commercial landowners located on top of former municipal landfill.
  • Oil Spill - Resolved property damage claims by lakefront property owners arising from No. 6 oil spill into Maine lake.
  • Residential Oil Spills – Represent homeowners in oil spill contamination of residential property.
  • Mold – Represented parties in multiple cases involving allegations of mold damage to residences, condominium complexes and office buildings.  
  • Renovation, Repair and Painting Rule –David negotiated the settlement of a first-in-the-nation enforcement action brought by the U.S. Environmental Protection Agency concerning alleged liability of a Maine landowner under the Toxic Substances Control Act's Renovation, Repair and Painting Rule (RRP Rule). EPA's complaint sought up to $225,000, but the alleged liability (relating to scraping and sanding of the exterior of a pre-1978 rental housing unit) was fully resolved via consent order requiring a $10,000 penalty payable in installments over a two year period. This case presented novel evidentiary proof issues. The alleged violations were captured on video by an unknown individual and posted to YouTube. The website address for the YouTube posting was then forwarded to the EPA. While the posting was subsequently removed from YouTube, EPA had interviewed the individual who posted the video but refused to disclose the identity of that person to the Respondent. In addition, the Respondent had tested the paint on the housing unit prior to doing the work, but the test result was a false negative.

Firm Highlights

Event

Solving Problems During the Construction Process

Understanding the variety of construction contracts available and the specifics of each is essential for protecting your project and legal interests. At this interactive Half Moon Seminars webinar, Preti Flaherty attorney John Cronan will...

News

Preti Flaherty Welcomes Trusts and Estates Attorney Dianne Ricardo to the Firm

Preti Flaherty is pleased to announce that Dianne Ricardo has joined the firm’s Trusts & Estates Practice Group. Based out of the firm’s Concord, New Hampshire office, Dianne focuses her practice on comprehensive estate...

Publication

Massachusetts High Court Issues Important Ruling Impacting Prompt Pay Act

Earlier today, the Massachusetts Supreme Judicial Court issued an order in the matter of Business Interiors Floor Covering Business Trust v. Graycor Construction Co. Inc. This decision presents the high court’s first ruling clarifying...

Publication

Understanding the Impact of the FTC’s New Noncompete Ban on Your Construction Business

A few weeks ago, the Federal Trade Commission (“FTC”) attracted considerable media coverage when it issued its final rule banning noncompete agreements for workers in most circumstances and making existing noncompetes for the vast...

Publication

Maine Becomes Seventh State to Enact Uniform Public Expression Protection Act (UPEPA)

Maine is now the latest state to enact the Uniform Public Expression Protection Act (UPEPA)—following New Jersey, Oregon (substantially similar), Utah, Hawaii, Kentucky, and Washington. UPEPA aims to provide a clear framework for the...

News

Preti’s Sig Schutz Recognized as Member of NHPR’s Pulitzer-Finalist Team

Preti First Amendment attorney Sig Schutz has been recognized as “a core member of the [NHPR] team” involved in a podcast honored as a Pulitzer Prize finalist in the audio journalism category.  The podcast...

Publication

Compliance for Two—What Employers Need to Know about the Newly Effective Final Regulation for the Pregnant Workers Fairness Act

On June 18, 2024 the final rule from the U.S. Equal Employment Opportunity Commission (EEOC) implementing the Pregnant Workers Fairness Act (PWFA) takes effect, clarifying employers' obligations under this landmark legislation. Effective since June 27...

News

10 Preti Attorneys, 6 Practice Groups Honored in National Rankings

Ten Preti Flaherty attorneys and six practice groups have been selected by Chambers USA for inclusion in their premiere annual list of America’s leading lawyers. Preti is recognized for excellence in the practice areas...

Publication

Veto Day and Final Day of the 131st Legislature

The Legislature convened on Friday, May 10 th for Veto Day to take action on the six bills objected to by the Governor. As expected, all six vetoes were sustained by lawmakers allowing  Governor...

News

Greg Hansel Named Top 25 Attorney of the Northeast Region by Attorney Intel

Preti Flaherty attorney Greg Hansel has been named one of the Top 25 Attorneys of the Northeast Region for 2024 by Attorney Intel . This year’s class of attorneys has been recognized for excelling...