Environmental Law
Overview
We represent a broad range of individual and business clients in resolving complex environmental issues in the context of business and real estate transactions, contaminated site remediation, land use, energy project development, permitting, litigation, administrative proceedings, compliance and defense of governmental enforcement actions. Our attorneys also advise clients on governmental relation matters, including legislative and rulemaking proceedings. Our attorneys’ environmental expertise extends to air, water, wetlands, shoreland, docks, oil, hazardous waste, toxic chemicals, lead paint, medical and hospital waste, and lead paint, among other things. The intersection of environmental and energy issues also allows our practice groups to represent clients in all aspects of developing and siting natural gas and renewable energy projects, including solar, wind and hydroelectric power. We collaborate to assist energy project developers with land use, siting, contracts, real estate, environmental and tax issues related to facility construction, operation, transmission and energy storage. Our attorneys also assist clients in complying with greenhouse gas regulations and in developing carbon emission offsets projects.
Practice Focus
- Environmental compliance counseling for air, waste, water and wetlands matters
- Federal, state and local permitting (U.S.E.P.A., New Hampshire and municipalities)
- Defense of civil and criminal environmental enforcement actions involving violation of air, hazardous waste, toxic substances, oil, water and wetlands laws
- Environmental due diligence in commercial real estate and business transactions
- Administrative and civil appeals
- Tax exemptions for pollution control facilities
- Litigation regarding docks and shoreland structures
- Solar and other renewable energy project development and permitting
- Renewable energy project siting, land use, real estate, contracts, tax and finance
- Natural gas generation and transmission facility siting and permitting
- Remediation and funding for contaminated sites
- Insurance coverage and indemnification
- Defense of administrative actions involving lead paint, hospital/pharmacy waste, air emissions and hazardous chemicals
Representative Matters
- Defended and resolved U.S.E.P.A. and New Hampshire enforcement matters for commercial and manufacturing clients involving lead paint, toxic chemicals and air emissions
- Represented energy companies in Clean Air Act Title V permitting and enforcement proceedings
- Successfully negotiated state easement and use agreements for natural gas transmission client
- Advised energy facility on compliance with federal and state greenhouse gas regulations
- Defended appeal of shoreland permit before administrative appeals board and New Hampshire Supreme Court
- Conducted environmental due diligence for energy facilities, hospitals and manufacturing/commercial entities
- Assisted New Hampshire manufacturer in negotiating contract for installation of commercial-scale solar array.
- Represented national energy developer in siting industrial-scale solar array in New Hampshire
- Participated in proceedings before the New Hampshire Site Evaluation Committee and Public Utilities Commission for approval of construction and operation of renewable energy, natural gas transmission and distribution, and other energy facilities
- Represented shorefront and dock owners in administrative appeals, civil proceedings, and mediations
- Negotiated resolution of government penalty against manufacturer for storage of toxic chemicals
- Counseled commercial, industrial and health care clients on disposal of hazardous waste
- Represented governmental entity in successful award of state funding for cleanup of oil discharge
- Prepared and negotiated commercial contracts for LEED building certification
- Prepared and negotiated commercial contracts for purchase/sale and remediation of contaminated sites
- Represented manufacturer in local zoning and planning proceedings
- Represented land trust in contract negotiations for development of carbon offsets project
Industries Represented
- Energy Generation and Transmission Companies
- Gasoline dispensing facilities
- Manufacturers, heavy and light
- Non-Profit Organizations and Land Trusts
- Real Estate Development Companies
- Renewable Energy Developers
- Utilities
