Hazardous Materials

For clients involved with M.G.L.  c. 21E or CERCLA hazardous waste sites and for environmental services companies, we permit, negotiate, and advise on clean up actions and litigate cost recovery claims.  We also handle related purchase and sale agreements, environmental due diligence, development loans, insurance coverage, for properties where hazardous materials have been used and stored as well as and brownfields redevelopments.

Representative Matters

  • Represented a municipality with respect to PFAS in drinking water, including providing legal advice on compliance with state and federal health advisories, guidance on regulatory requirements, and claims against responsible parties.
  • Advised municipality regarding acquisition of contaminated industrial site for park and recreational purposes.
  • Advised counsel to local union on acquisition of brownfields site for headquarters expansion.
  • Advised in-house counsel of a national hazardous waste company concerning CERCLA liabilities at multiple Superfund sites where the company is a PRP.
  • Rendered a legal opinion on environmental liability exposure and transaction structure for a Western Massachusetts attorney performing succession planning and reorganization of his clients’ oil distribution business assets.
  • Recommended risk reduction measures to a Boston real estate attorney faced with asbestos containing material disclosures and exculpatory language in a commercial lease for his clients’ offices.
  • Provided a risk analysis and recommendations to an LSP and real estate attorney regarding their client’s purchase of suburban property that included a former industrial waste landfill subject to a MassDEP Consent Order and other regulatory constraints.
  • Negotiated a Consent Judgment with the Attorney General’s Office on an enforcement action for alleged violations of M.G.L. c. 21E at a former jewelry manufacturer.
  • Defended LSP against professional malpractice claims for exposure to emerging contaminants.
  • Negotiated dozens of transporter generator CERCLA cost recover settlements.
  • Obtained insurance coverage for contested oil and hazardous materials releases.
  • Negotiated institutional controls and access agreements under CERCLA Consent Decrees and M.G.L c. 21E.
  • Prepared and negotiated numerous Activity and Use Limitations to reach regulatory closure on contaminated properties.
  • Responded to MassDEP audits and worked with LSPs to resolve deficiencies.
  • Defended LSPs in license revocation proceedings.
  • Negotiated and drafted purchase and sales agreements for brownfields redevelopments for a national life fitness corporation, a national assisted living facility developer, and branch locations for a national bank.
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