Representative Matters

  • Assisted prospective redeveloper of a former barrel reconditioning facility with evaluation of environmental risks and quantification of necessary cleanup costs.  Identified appropriate purchase terms and incentives under state law to offset potential liabilities associated with future property ownership.
  • Successfully challenged denial of $698,000 Massachusetts brownfields tax credit through certiorari action on behalf of a developer of a former oil storage facility for commercial/residential use.
  • Obtained high six-figure recovery of response costs under M.G.L. c. 21E from former owner of a solvent-contaminated property on behalf of non-profit community health center.
  • As local counsel to a national hotel chain redeveloping a former wire mill property, negotiated allocation of environmental risk and drafted related documents on behalf of purchaser, and served as liaison between Massachusetts DEP and seller regarding scope of remedial measures during construction and the implementation of post-construction activity and use limitations.
  • Assisted a developer with environmental due diligence and subsequent formation of an LLC in which another member was to contribute impacted property for mixed use development. Drafted terms of the Operating Agreement to define LLC members’ obligations for existing conditions during future development.
  • Oversaw $1.1 million cleanup of gasoline contamination of sole-source aquifer on behalf of former gasoline station owner and operator. Hired and oversaw consultants and remediation contractors, communicated with statewide media and public officials, secured financial benefits of state’s underground storage tank cleanup fund, and negotiated settlement with Office of the Attorney General and Massachusetts DEP to resolve $270,000 penalty claim.
  • Successfully challenged EPA volumetric ranking and secured Superfund de minimis status for a fiberboard manufacturer as part of a $7.8 million multi-party settlement for the closure of a landfill. Synthesized and presented extensive manufacturing process data that demonstrated client’s minimal contribution of hazardous substances to site.
  • Advised municipal officials on potential environmental compliance issues raised by purchase of former industrial property for open space and recreation.
  • Represented a non-profit organization seeking to come into voluntary compliance with state solid waste disposal site closure requirements.
  • Achieved high six-figure mediated settlement on behalf of homeowners whose groundwater and indoor air had been contaminated by a neighboring chemical recycling facility. Claims included property damage, emotional distress and response costs under M.G.L. c. 21E. Extensively reviewed and commented on site investigations and remedial measures. Advocated to the Massachusetts DEP for scientifically defensible, timely and protective cleanup measures.

Firm Highlights

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

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

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

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...

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

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...

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...

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

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...

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...