Firm Activities

John Shea attended the VIP Grand Opening Celebration of the Artis Senior Living of Lexington Memory Care Community.  Artis purchased the property from an old Yankee farmer who believed he could do absolutely anything to or on his land, irrespective of zoning and environmental laws.  Consequently, from 1982 to 2011, he filled acres of wetlands, riverfront area and buffer zone, and contaminated the groundwater.  John led the Artis team of a wetland expert, a Licensed Site Professional, and engineers to restore and remediate the property under an Administrative Consent Order with MassDEP.  The facility and grounds are beautiful.  Artis provides state-of-the-art care for residents with Alzheimer’s and related dementia. Individual living quarters are grouped into four houses with distinct homelike entries, dining rooms and open kitchen, centered on a Neighborhood Square featuring amenities to enable social engagement and emotional connection.

Tom Mackie and John Shea have updated their chapters on Solid Waste Law and Hazardous Waste Cleanup Law to the MCLE treatise Massachusetts Environmental law.

In December, Tom manned the Keep Massachusetts Beautiful booth at the annual Massachusetts Municipal Association conference along with fellow Board Members Steve Changaris and Neil Rhein.

In January, for the third year running, Tom moderated EBC’s Evening with then EEA Secretary Matthew Beaton. 

At MassRecycle’s March R3 Summit, Tom moderated a panel of experts on Contracting from Both Sides of the Equation, which provided invaluable insight into contracting for recyclables processing by municipalities and private haulers in the wake of China’s National Sword ban on recyclable imports.

Peter Durning moderated a panel on wood waste at the EBC’s C&D Summit in January.

At SWANA’s February Extended Producer Responsibility (EPR) Summit, Tom presented on developments on the EPR front in the context of the Massachusetts solid waste market.

Associate Job Posting

Mackie Shea, PC seeks an associate with significant experience in environmental litigation and a knowledge of hazardous waste, wetlands, MEPA and solid waste law, and zoning law.

We expect the attorney will work with a high degree of independence under the mentorship of the partners. There will be a significant amount of client contact, frequent direct dealings with opposing counsel and government officials, as well as public hearing attendance (often at night). We will rely on the attorney to handle challenging issues.

In sum, we seek someone who can make tough judgments and has the skills to handle components of litigation or business transactions with minimal guidance and supervision. People who are competitive, self-reliant, and highly motivated are likely to be successful with us.

            General Qualifications

  • 6 years post-law school preferred (3 years minimum)
  • top quarter of law school class
  • excellent writing skills

            Environmental Experience

  • private 21E cost recovery and other disputes
  • government enforcement
  • administrative law and appeals
  • zoning and environmental permitting and appeals

            Litigation Experience

  • conducted numerous depositions
  • prepared memoranda of law and argued dispositive motions
  • conducted all aspects of discovery independently
  • participated in trials and adjudicatory proceedings

Submit letter of interest and resume to: pfd@lawmso.com

*****

Mackie Shea, PC is committed to creating a diverse work environment. All qualified applicants will receive consideration for employment without regard to religion, color, race, ethnicity, national origin, sex, sexual orientation, gender identity, marital status, age, disability, or military or veteran status.

Peter Durning named Managing Shareholder

Mackie Shea, PC is pleased to announce that Peter F. Durning is the new Managing Shareholder of the firm.

In addition to serving in the principal management role for the firm, Peter continues to handle a wide variety of environmental matters including local, state, and federal permit proceedings and appeals. Peter is also involved in water management issues, wetlands hearings and adjudicatory appeals, environmental remediation cost recovery actions, solid waste site assignment appeals, zoning disputes, citizen suits regarding stormwater discharges, and U.S. EPA and MassDEP enforcement actions, and provides guidance on environmental issues in business and real estate transactions.

A 2003 graduate of Boston College Law School, Peter joined Mackie Shea in May 2011 and became a Shareholder in September 2015.

Mackie Shea, PC is a leading boutique environmental, land use, and litigation law firm based in Boston. Along with Shareholders, Thomas A. Mackie and John F. Shea, Peter leads the firm’s management team.

Firm Activities – Fall 2018

John Shea  again moderated the annual EBC Program Series with MassDEP Leadership: Commissioner Marty Suuberg and the Southeast Region Leadership Team. At the October 2, 2018 program, John introduced and questioned pinch-hitting Deputy Commissioner Gary Moran, Regional Director Millie Garcia-Serrano, and Deputy Regional Directors David Johnston, Gerard Martin, Maria Pinaud and Jennifer Viverios. Gary announced that MassDEP is working with the UMasss Donahue Institute on short- and long-term succession planning since the average age of the 660 agency personnel is 55, with 54% eligible for retirement; the challenges being how to preserve institutional knowledge and hire bright, young environmental professionals.

Dave Johnston highlighted the critical need to repair and replace failing water distribution and wastewater infrastructure. He punctuated his warning by displaying a section of a corroded and narrowing water line that is causing dirty drinking water and pipe failures in many municipalities.

Tom Mackie and Gretchen Carey of Republic Services co-chaired the EBC Solid Waste Committee’s July 20 Innovative Alternative Technologies to Manage Municipal Solid Waste program.  The international panel from Denmark, Great Britain, Australia and the Netherlands presented technologies from around the world, ranging from enzymatic separation to advanced gasification.

On September 18th, Tom chaired the third annual EBC Solid Waste Committee meeting with the MassDEP Regional Solid Waste Section Chiefs. Greg Cooper, the MassDEP Solid Waste Division Director, provided an overview.  Mark Dakers (SERO), Mark Fairbrother (NERO), Dan Hall (WRO) and Jim McQuade (CERO) provided updates on their regional priorities, permits issued and changes in their departments to a packed room of solid waste industry officials and consultants.

 

Peter Durning attended several industry events this fall, including the Boston Bar Association’s Annual Meeting in September, the LSPA’s 25th Anniversary event at Mechanics Hall in Worcester, as well as the Massachusetts Water Works Association’s Annual Meeting in Devens, MA.

Peter also had the opportunity to attend the VIP-Preview Night for the Grand Opening of the MGM Springfield casino.  Peter and Tom represented MGM in a zoning litigation matter  in the Land Court.

Peter Durning and John Shea participated in the EBC Program Series with MassDEP Leadership: Commissioner Suuberg and the Central Region Leadership team on September 25th.  The most exciting news was the Brownfield redevelopment in Kelley Square and the Canal District for the proposed Polar Park, the future home of the WOOSOX.  In addition to the ballpark, there will be hotels, shops, restaurants, and market rate housing.

 

Tom Mackie to Receive Award from EBC

BTS BKN 2015

The Environmental Business Council of New England, Inc. (EBC) recently announced that Tom Mackie will receive the Stephen G. Lewis Environmental-Energy Merit Award for Service to the Environmental Industry.  Tom is the outgoing chair of the EBC Board of Directors and the Managing Shareholder at Mackie Shea, P.C.  The Stephen G. Lewis Award is given in recognition of meritorious service, leadership and dedication to improving the quality of the environment and to the development of the environmental-energy industry in New England.  The award will be presented at the 25th Annual EBEE Awards on June 27, 2018.

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BBA and EBC welcome the new EPA Regional Administrator Alexandra Dunn

Tom Mackie and Peter Durning were honored to be a part of the Boston Bar Association and Environmental Business Council of New England’s co-sponsored program on February 15, 2018 welcoming the new EPA Regional Administrator, Alexandra Dunn.

Tom, Chair of the EBC, gave opening remarks welcoming over 200 guests from the legal and environmental consulting community to the event.

Peter, the Co-Chair of the BBA’s Energy and Environmental Law Section, provided closing remarks and a sincere thank you to Regional Administrator Dunn, following a 40-minute presentation and a robust question and answer period.

In her speech, Alex Dunn stressed the need to address core water quality concerns by focusing on nutrients in stormwater, stormwater runoff, and water infrastructure projects.  She also outlined other initiatives for her tenure as Regional Administrator, including emerging contaminants, environmental justice, interstate air shed issues, and finally closing out and potentially redeveloping the remaining Superfund sites in New England.

Firm Activities – Fall 2017

     John Shea moderated the October 3, 2017 EBC Program Series with MassDEP Leadership: Commissioner Martin Suuberg and the Southeast Region Leadership.  The Commissioner was frank and affable in his keynote remarks, sharing MassDEP’s noteworthy achievements, top priorities, and the challenges from recent retirements and federal budget cuts.  Using “A Day in the Life” motif, the SERO leadership showcased the breadth, depth and volume of its work in numerous programs, amazing success stories, and ambitious projects on the horizon.  A large audience of environmental professionals enjoyed insightful and sometimes humorous presentations from Regional Director (RD) Millie Garcia-Serrano, Deputy RD of Water Resources Dave Johnston, Deputy RD of Waste Site Cleanup Gerard Martin, Deputy RD of Air and Waste Maria Pinaud, and Deputy RD of Administration Jennifer Viveiros.

     Tom Mackie moderated the September 19, 2017 EBC Solid Waste Management Program: Update from the MassDEP Regional Solid Waste Section Chiefs.  A standing room only crowd heard about facility permitting, enforcement, changes and developments and top priorities from Greg Cooper, Division Director at the MassDEP Bureau of Air and Waste, and from the four regional Section Chiefs: Mark Fairbrother (NERO), James McQuade (CERO), Mark Dakers (SERO), and Daniel Hall (WERO).  There was a lively Q&A session.

     As a member of the Massachusetts Water Works Association (MWWA) Legislative Committee, John reviewed comments in opposition to a Rivers Alliance Petition to condition water withdrawal registrations (which MassDEP denied), to EPA on proposed aluminum limits in water treatment plant discharges in NPDES General Permits, and on proposed legislation for lead in school drinking water.  He attended the Summer Expo at Wachusett Mountain.

     Peter Durning, as co-chair of the Boston Bar Association Energy and Environmental Section, is overseeing the development of robust and interesting education programs for 2017-2018, including a presentation by former EPA Administrator Gina McCarthy.

     Tom  undertook a family pilgrimage to ancestral lands in Ireland and Scotland.  Peter  enjoyed a family vacation in Seattle and on the shores of the frigid Pacific.

     Tom, Peter, and Gail attended the Boston Bar Association Annual Meeting in October.

Alum Carson M. Shea, Esq. is a litigation associate at Cornell & Gollub, was sworn into the RI Bar, and co-authored an article in the Professional Liability Defense Quarterly (v. 9, #3).

The law firm enjoyed a summer celebration at Pier 6 in Charlestown arranged by Denise Green.

Firm Activities – Summer 2016

In June, Tom Mackie was named the Chairman of the Board of the Environmental Business Council of New England (EBC).  This was in recognition of the time and energy Tom has dedicated to the promotion of collaboration on environmental issues through the EBC.  In addition to serving as a board member, Tom was very active in several EBC programs this year, including a thought provoking presentation on the regulation of construction and demolition waste to energy facilities during the C&D Summit in January.  In addition to participating in EBC programs on anaerobic digestion and recycling initiatives, Tom was a panelist during a program with the Secretary of Energy and Environmental Affairs, Matthew Beaton, and a moderator for a presentation by MassDEP Commissioner Marty Suuberg.  Finally, Tom revised his Solid Waste Law and Regulation chapter in MCLE’s Environmental Law treatise.

In May 2016, John Shea was a co-presenter at a Half-Moon Bay program on Wetlands Law and Compliance along with wetlands scientist, Matt Schweisberg. John also completed a comprehensive revision of his Hazardous Waste Cleanup Law chapter in MCLE’s Environmental Law treatise that will be out at the end of the year.  John recently served as a hearing office for the Taunton Board of Health for two solid waste facility site assignments.

Peter Durning has been named a co-chair of the Environmental Section of the Boston Bar Association for the 2016-2017 term.  In May, Peter was a co-presenter with the current Section Co-Chairs, Bob Fitzgerald of WilmerHale and John Beling of MassDEP in a “Fundamentals” program for new lawyers discussing environmental permits and appeals.  Peter also moderated a program on whether Boston should elect to participate in the Community Preservation Act, M.G.L. c. 44B.

Noreen Ruggiero continues to spear head the firm’s efforts with the New England Center for Homeless Vets and the Jimmy Fund.

Firm Activities – Fall 2015

  • Peter Durning has become a shareholder of the firm and is looking forward to his continued participation in the firm’s success and growth, his recent string of litigation victories and honing his legal skills in the water and wastewater sector.

 

 

 

  • Peter Durning deserves congratulations for his excellent work on the Planning Committees for the Boston Bar Association Annual Meeting Luncheon and for the Boston Bar Foundation John and Abigail Adams Ball. The firm was a sponsor of the Annual Meeting Lunch at which Governor Baker addressed the opioid crisis, funding the courts, and the visiting Medal of Honor recipients.
  • Tom Mackie has been elected to the Board of Directors of the Virginia Thurston Healing Garden in Harvard, Massachusetts and participated in organizing and riding in its First Annual Ride To Thrive Fundraiser. Despite a spill and visit to the emergency room, Tom is back on the bike.
  • Tom Mackie has been chosen to chair the Environmental Business Council’s Winter Garden Party on December 2, 2016.
  • Tom Mackie and Peter Durning co-authored an article on Restoring the Promise of the Permit Session published in Massachusetts Lawyers Weekly.
  • Tom Mackie moderated the EBC Program Series with MassDEP Commissioner Suuberg and the Southeast Regional Office Leadership on July 15, 2015 at the offices of Brown & Caldwell in Middleboro.
  • John Shea worked with the Massachusetts Water Works Association Legislative Committee to submit Comments on the Regulatory Review under Executive Order 562 to Commissioner Suuberg on changes to the drinking water regulations, the SWMI regulations and surface water quality standards; and to Secretary Beaton on streamlining MEPA review for expanded water withdrawals, revisions to interbasin transfer regulations, and revising water conservation standards.