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

Publication

Re/Descheduling Marijuana Through Administrative Action

In the article "Re/Descheduling Marijuana Through Administrative Action" published in the Oklahoma Law Review , authors Scott Bloomberg, Alexandra Harriman, and Shane Pennington explore the complex legal framework surrounding the federal scheduling of marijuana...

Publication

Supreme Court Rules Certain Impact Fees Unconstitutional

A recent Supreme Court ruling in  Sheetz v. County of El Dorado  makes it clear that impact fees adopted by a legislative body may work as an unconstitutional taking of property. The Issue: This...

Publication

131st Legislature Second Regular Session Update

Adjournment and Veto Day After a marathon last day of session, members of the Preti Legislative Practice Group were at the State House on April 18 th to witness the Maine State Legislature head...

Event

When to Say Goodbye: Navigating Leave and Terminations

As an HR professional, hiring the right talent, addressing employee needs, and managing terminations are just a few of the most challenging problems that arise. During this year's three-part Employment Breakfast Webinar Series, we'll...

News

Attorney Jeffrey Thaler Named to 2024 Lawdragon Green 500: Leaders in Energy Law

Preti Flaherty’s attorney Jeffrey Thaler has been recognized by  Lawdragon  as one of the top 500 Leaders in Energy Law. This is Jeff’s third time named to this prestigious list since the first publication...

News

Preti Attorneys File Suit Against Al-Generated Robocalls in the 2024 NH Presidential Primary

Representing the League of Women Voters of New Hampshire, the League of Women Voters of the United States, and individual voters, Preti Flaherty, with co-counsel, filed a federal lawsuit against Steve Kramer, Lingo Telecom...

Event

Conducting Success: Tuning Up Your Discipline and Performance Framework

As an HR professional, hiring the right talent, addressing employee needs, and managing terminations are just a few of the most challenging problems that arise. During this year's three-part Employment Breakfast Webinar Series, we'll...

Event

Maine HR Convention: Navigating AI in the Hiring Process

Artificial Intelligence (AI) is a rapidly evolving part of our daily lives and is increasingly being used by employers. AI tools can help relieve some of the administrative burden on short-staffed HR teams, help find higher-quality candidates...

Publication

Maine Government Contracting and Procurement Update: Public Access Under FOAA to Trade Secrets in Proposals and Bid Documents

Those doing business with state, county, and local government in Maine need to know their way around public records laws. What is the risk that sensitive or proprietary business information submitted in response to...

News

Benchmark Litigation Names Preti Flaherty 2024 “Maine Firm of the Year"

Benchmark Litigation  has named Preti Flaherty as 2024 Litigation Firm of the Year in the State of Maine. Through extensive peer- and- client reviewed research, as well as analysis of casework; the Benchmark Awards...