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 Flaherty Attorney Benjamin S. Piper Promoted to Partner

Preti Flaherty is pleased to announce that the firm’s partnership has named attorney Benjamin S. Piper as a partner. Ben is a member of the firm's Environmental, Litigation, and Media Law Practice Groups and works...

Press Coverage

Bangor superintendent blocked BDN reporter on Twitter after critical news coverage

In an apparent violation of the First Amendment, Bangor schools superintendent Betsy Webb temporarily blocked a journalist on Twitter following a report that news of a student suicide was announced over the loudspeaker at...

Publication

The Potential of the Blockchain for Asset Protection Planning

While many legal scholars focus on the challenges and complications seemingly inherent to blockchain and cryptocurrency, others look past the fear and see potential. In this article for Cumberland Law Review , Ian Huyett and Brian Quirk...

News

Preti Flaherty Welcomes Government Relations Liaison Andrew I. Roth-Wells to the Firm

Preti Flaherty is pleased to announce that Andrew I. Roth-Wells has joined the firm as a Government Relations Liaison. Andrew will help manage legislative and regulatory advocacy efforts for the firm’s Government Affairs Team...

Publication

WC Alert: Recent Developments from Maine's Workers' Compensation Board

Frank A. Graf, MD, Reappointed to Approved List of § 312 Examiners At the February 11 meeting of the Maine Workers’ Compensation Board, Frank Graf, MD, was reappointed to the list of approved § 312...

Event

2020 Employment Law Series: A Legislative Update for HR Professionals

For more than 25 years, Preti Flaherty's Employment Law Group has been keeping clients, business partners, and friends up to date on recent developments in employment law. Join us as we continue that tradition...

Event

2020 Employment Breakfast Series: Strengthening Your Company's Management of Accommodation Requests

For more than 25 years, Preti Flaherty's Employment Law Group has been keeping clients, business partners, and friends up to date on recent developments in employment law. Join us as we continue that tradition...

Press Coverage

Maine State Police May Be Spying on You

Police and governments are increasingly turning to new tracking and monitoring methods in their efforts to prevent and record evidence of crimes. A Portland Press Herald investigation examines these expanding law enforcement abilities and the...

News

David B. Van Slyke Named Preti Flaherty Managing Partner

Preti Flaherty is pleased to announce that, in a unanimous vote, the firm’s partnership has elected attorney David B. Van Slyke as its incoming Managing Partner. David is one of the preeminent environmental lawyers...

Publication

Litigation and Arbitration Venue Provisions in Construction Contracts: When and How They Work

Venue and choice-of-law provisions are fairly standard in construction contacts, but can be overlooked due to their location within a contract. When drafted effectively, these provisions can help limit uncertainty about where and how...