Areas of Practice
We work for energy clients on traditional power plants, renewable energy production and generation, and transmission lines. Our focus is on mastery and management of the federal, state, regional and local approvals and environmental reviews triggered by project proposals, and satisfaction of the public hearings and public comment opportunities.
We enjoy the trust of our clients for the most serious aspect of environmental law, civil and criminal enforcement.
For many of our plaintiff clients, who seek to enforce the law, we conduct the necessary factual investigations, legal research, expert recruiting, case evaluation, and resulting litigation to enforce environmental laws and legal obligations. These clients can be landowners, individuals, governments, or non-profit organizations or associations.
The National Environmental Policy Act, known as NEPA, unites a poetically-worded national policy with a statutory plan to implement that policy. NEPA requires that each federal agency prepare a detailed statement of environmental impact for each major federal action that may significantly affect the quality of the human environment. This Environmental Impact Statement (EIS) is the cornerstone of the statute.
Environmental law is a body of federal, state, and local legislation plus court-made legal doctrines governing activities affecting natural resources and public health. Environmental law concerns not only the natural environment (the physical condition of the land, air, and water), but also the human environment (health and safety, jobs and housing, historic sites, community character, and aesthetics).
Controversies over industrial, commercial, and residential development erupt in court. Challenges can be brought to government regulations and permits. Federal, state, and local agencies bring enforcement actions to secure compliance. Landowners sue in eminent domain cases for increased money damages. Government goes against responsible parties for reimbursement for the costs of assessing, containing, and cleaning up hazardous waste.
We enjoy working for clients on the many ways in which farming, forestry and trees are both regulated and promoted in Massachusetts.
Agriculture is encouraged by state law authorizing municipalities to establish incentive areas and relaxing nuisance laws somewhat for farming. G.L. c.111, §§125A and 143. There is some protection for farmland from eminent domain. G.L. c.79, §5B. The state Zoning Act exempts agricultural activities on lots of a certain size, and exempts farm stands if they meet certain requisites. G.L. c.40A, §3.
Cities and towns, water districts and water companies, private landowners, public interest groups, and development entities need advice on how residential development, industrial and commercial expansion, water or sewer extensions, chemical storage and manufacture, solid waste disposal, and land acquisition fall under the wide range of regulatory, technical assistance, research, funding, and land management programs administered by EPA and several other federal and state agencies. But these monitoring, protection, or conservation efforts are not comprehensive and consistent.
The Massachusetts Superfund law, G.L.c.21E, imposes responsibility and liability for releases of hazardous materials as well as oil and other petroleum products into the environment, and for suspected or confirmed disposal sites. DEP’s comprehensive regulations, known as the Massachusetts Contingency Plan (MCP) govern cities and towns like anyone else who is a present or former site owner or operator who generated, stored, transported, or disposed of oil or hazardous materials (OHM).
Municipalities can create historic districts for managing sites and structures therein. They may do so by special act or, more commonly, by an enabling act under the Historic District Act, G.L. c.40C. The resulting Historic District Commissions are city or town boards with power to regulate and restrict various changes within the district. More than 220 local historic districts were established in more than 100 communities.
By existing state law, called the Conservation Commission Act, all 351 Massachusetts municipalities have created Conservation Commissions. These volunteer local boards have considerable land management, environmental education, and policy formulation roles. The state Wetlands Protection Act charges them with administering and enforcing that permit program, since 1972.
Across the spectrum of environmental law we offer advice and representation
with practical, results-oriented lawyering.