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


46 Preti Flaherty Attorneys Selected by Peers for Inclusion in Best Lawyers in America 2023, Including 6 “Lawyers of the Year”

Forty-six Preti Flaherty attorneys have been named to Best Lawyers in America 2023, including three “Ones to Watch” and six “Lawyer of the Year” recipients. Inclusion in Best Lawyers in America is considered a...


U.S. News – Best Lawyers Ranks Preti Flaherty Among 2023 Best Law Firms

Preti Flaherty has been named among the 2023 Best Law Firms by the U.S. News – Best Lawyers rankings. To be eligible for ranking, a law firm must have at least one attorney named...


Preti Flaherty Welcomes Attorneys Joshua J. Biermann, Laura E. Jensen, and Michael J. Melusky to the Firm

Preti Flaherty is pleased to announce the arrival of three new associates to the firm’s Portland office: Joshua J. Biermann, Laura E. Jensen, and Michael J. Melusky. Josh Biermann is a graduate of the...


Preti Flaherty Continues Year of Remarkable Growth with Addition of Five New Attorneys

Preti Flaherty is pleased to announce the arrival of five new Associates to the firm: Scott A. DeLong, Christopher S. Knight, Kijana Plenderleith, Harper A. Weissburg, and Joshua D. Williams. In our Portland, Maine, office...


Proposed EPA Rule Would Tighten Emissions Standards at Affected Power Plants and Industrial Sources

On April 6, the U.S. EPA published a proposed rule to reduce emissions of nitrogen oxides (NO x ) in 26 states that the agency says are impacting the ability of downwind states to...


Fifteen Preti Flaherty Attorneys Selected for Inclusion in 2022 Super Lawyers

Fifteen Preti Flaherty attorneys have been selected for recognition by Super Lawyers , including seven Rising Stars. Super Lawyers rates outstanding lawyers throughout the United States in more than 70 practice areas. Only five...