Representative Matters

  • 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.
  • Untangling hydropower assets - Our lawyers carefully crafted a strategy to allow our client to sell a large and valuable hydropower asset that was physically integrated with its existing pulp and paper mill asset. The transaction included a very complicated purchase and sale agreement involving intricate environmental risk allocation and risk management provisions between the buyer and seller to legally separate the hydro power asset from the mill asset, all of which had to be layered on top of existing environmental covenants that governed the property due to a prior transaction including the facility.
  • Groundwater contamination case resolved - Defense of a 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 lead to modified order requiring $100 million remedy. Case is currently under appeal. (United States Surgical and Mallinckrodt US LLC v. Maine Department of Environmental Protection, Superior Court- Maine).
  • Calais LNG - Our firm served as counsel to Calais LNG, a project that sought to bring a liquefied natural gas (LNG) regasification terminal and accompanying send-out pipeline to Downeast Maine. The project involved complex consultation processes and permitting, efforts involving numerous federal and state agencies, including FERC, DOI, USCG, Army Corps, Maine DEP, Maine State Planning Office, as well as local governments.

Firm Highlights


Eighteen Preti Flaherty Attorneys Selected as Chambers USA Leaders in Their Field

Eighteen Preti Flaherty attorneys and five practice groups have been selected for inclusion in the 2020 Chambers USA Guide to America's Leading Lawyers for Business , the highly regarded directory of leading attorneys and...


Preti Flaherty Adds Six to Environmental and Litigation Practice Groups

Preti Flaherty is pleased to announce the arrival of six new members to the firm: Katherine L. Oaks, Kevin C. Osantowski, Laura Lee Barry Wommack, Nicholas A. Dube, Martin C. Topol, and Allaina Murphy...


Attorney Jeffrey Talbert Selected by Peers as “Lawyer of the Year” in Best Lawyers in America 2021

Preti Flaherty attorney Jeffrey Talbert has been recognized in Best Lawyers in America 2021 as the “Lawyer of the Year” for the Portland region in the field of Litigation - Environmental. Inclusion in Best...


Environmental Alert: Supreme Court Finds CERCLA Does Not Bar State Law Claims

The Supreme Court of the United States on Monday issued a decision authored by Chief Justice Roberts with far-reaching implications for targets of federal environmental enforcement actions. The Court in Atlantic Richfield Co. v...


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...


Preti Flaherty COVID-19 Resources

In response to the ongoing COVID-19 pandemic, Preti Flaherty's attorneys have maintained a constant stream of the most up-to-date information and resources for our clients, business partners, and others struggling to navigate these complex...


Supreme Court Finds Clean Water Act Jurisdiction For Discharges To Groundwater

Today, in a 6-3 opinion, the Supreme Court held that a Clean Water Act (CWA) permit can be required for discharges to groundwater “if the addition of the pollutants through groundwater is the functional...


48 Preti Flaherty Attorneys Selected by Peers for Inclusion in Best Lawyers in America 2021, Including 4 “Lawyers of the Year”

Forty-eight Preti Flaherty attorneys have been named to Best Lawyers in America 2021, including four recognized on the inaugural “Ones to Watch” list for attorneys earlier in their careers and four “Lawyer of the...