transactions

  • BrandMuscle, Inc.
  • Aquisition of Saepio Technologies, Inc.
  • The Viridian
  • 200-residential unit development, Boston, MA
  • Sheehan Health Care Group
  • Sale of 5 nursing homes and 2 hospice companies

Environmental

Overview

Full range of services

  • Representing, advising, and negotiating for, purchasers, sellers, lessors, leasees, and lenders in commercial real estate and corporate transactions, involving environmental due diligence, insurance coverage, indemnities, escrows, Brownfields Covenants Not To Sue, environmental remediations (including fixed cost and liability transfer cleanups), compliance and permitting requirements.
  • Prosecuting and defending complex cost recovery and property damage cases.
  • Negotiating and developing transactional documents for the acquisition, sale and financing of contaminated properties.
  • Guiding clients in regulatory compliance in all areas, including, air, water, stormwater, asbestos, wetland, hazardous substances, waterways and solid waste.
  • Defending environmental service companies and professionals against malpractice claims, agency enforcement orders, and disciplinary actions.
  • Representing Massachusetts Licensed Site Professionals (LSPs) before the LSP Board.
  • Advising and representing environmental service companies and professionals on contracts, collections, and risk transfer/ fixed cost matters.
  • Issuing coverage opinions for insurers and providing a defense for insureds in environmental insurance matters.
  • Obtaining permits and permit transfers for industrial facilities; oil and waste oil facilities and hazardous substances processing facilities.

Experience counts

Our environmental attorneys are routinely relied upon during the course of real estate and corporate transactions, to identify, mitigate and/or transfer environmental risks in a manner that advances and promotes closing.  We routinely represent property owners and real estate developers in the acquisition, sale and financing of contaminated properties, and we develop environmental risk transfer strategies employing indemnities, escrows, environmental insurance and the fixed cost/liability transfer approach to remediation.

Our team of attorneys has a national reputation for representing clients in determining responsibility for the release of hazardous substances, representing parties in proceedings and negotiations before state and federal environmental agencies, negotiating settlements culminating in the issuance of administrative orders and consent decrees for the clean-up of hazardous waste sites, regulatory violations in all areas, in responding to audits following the performance of environmental remediation, and defending environmental services companies, engineers and consulting firms against malpractice claims.  Our experience is not limited to hazardous substances.  We represent clients who have been charged with, or who bought citizen suit claims for, violations of the Clean Air Act, the Clean Water Act, the National Environmental Policy Act, and many other environmental statutes and regulations.

We represent parties before state and federal courts, the Federal Environmental Protection Agency, the Massachusetts Department of Environmental Protection and other federal and state agencies. Our attorneys have represented clients in states throughout the East Coast, including Massachusetts, Maine, New Hampshire, Rhode Island, New Jersey, Maryland, Florida, the District of Columbia, Ohio, Kentucky, and West Virginia.

Our attorneys were closely involved in the drafting of innovative revisions to Massachusetts superfund law which effectively privatized many aspects of the hazardous waste clean-up and remediation process, including establishing a program for Licensed Site Professionals (LSPs) to oversee and monitor the remediation process. We served as special counsel to the Board of Registration of Hazardous Waste Site Clean-up Professionals and drafted the Board’s regulations governing LSPs. Massachusetts is the first state to implement laws privatizing environmental clean-up, and is already considered a model for other states.

Our Environmental Group has substantial experience in hazardous waste management and clean-up, as well as environmental permitting and enforcement, involving Superfund; the Resource Conservation and Recovery Act; the Clean Water Act; the Clean Air Act; the Toxic Substances Control Act; the Emergency Planning and Community Right to Know Act; the Wetlands Protection Act; Chapter 91- the Waterways Act; landfill, construction recycling and solid waste site assignments; landfill closures; Conservation Commission bylaws and M.G.L. c. 21E, 21A and the Tank Fund law, M.G.L. c. 21J.

We work closely with environmental consultants, hydrogeologists, engineers, toxicologists, chemists, and site remediation consultants in connection with site assessments, studies, risk assessments and remediation activities.

Our clients are not limited to traditional industrial, commercial and power generation companies.  We have experience permitting alternative energy facilities, both as freestanding entities and as adjuncts to other industries.

Representative cases

  • We represented the sellers of a medical office building, and were responsible for the selection of contractors and installation of a new wastewater treatment system post-closing using funds held back from the sale proceeds.
  • We obtained a multi-million dollar settlement for environmental contamination that occurred over many years as the result of undetected leaks in a fuel oil piping system.
  • We significantly reduced the penalty assessed to a residential developer by the US EPA for violations of the Clean Water Act, specifically erosion and siltation impacts.
  • We were local counsel in the defense of a Federal lawsuit brought to close an electric generation facility for violations of the Clean Air Act.
  • We provided due diligence and transactional consultation for the purchase of waste oil transfer facilities and for the transfer of RCRA Part B permits for environmental processing companies.
  • We assisted property owners, tenants, construction companies and disposal companies charged with violations of the state regulations pertaining to the assessment, containment and disposal of asbestos.
  • We provided services to the owners of automobile scrap yards who were charged with violations of the solid waste regulations, negotiated settlements with the Department of Environmental Protection and provided strategic counseling for the renovation and re-use of the facilities after closure.
  • We represented the owner of a 100-unit apartment complex in negotiating Consent Order with the Massachusetts Department of Environmental Protection permitting the consolidation of multiple septic systems into a consolidated wastewater treatment system.
  • We were part of a national environmental services company team of professionals, utilized to achieve one of the nation’s foremost risk transfer/fixed cost clean-ups.
  • We coordinated all the local, state and federal environmental permitting of a manufacturing facility, which produces an indispensable product, utilized worldwide in the pharmaceutical and food industries.
  • We represented a privately held manufacturing corporation in the purchase, for its New England corporate headquarters, of a strategically located Brownfields property. To mitigate our client’s environmental risks, we obtained environmental indemnities from a Fortune 100 corporation, and a Brownfields Covenant Not To Sue from the Commonwealth of Massachusetts.
  • We assisted an industrial client in selling its former chief manufacturing facility, now a Brownfields. The sale was to a municipal redevelopment authority, which assumed all environmental remediation obligations.
  • We developed a fixed cost remediation strategy for a valuable, centrally located commercial office complex. The strategy enabled the contaminated complex to be successfully marketed prior to completion of remediation.
  • We represented a municipal water district in an environmental suit for pollution of the town’s water supply. It was one of the first major pollution Superfund suits in the country.
  • We represented a company and its President against two major utility companies regarding an administrative claim by the Massachusetts Department of Environmental Protection. Clean-up costs were several million dollars.
  • We represented a Massachusetts municipality in a Superfund cost recovery action against the polluters of the town wells. We litigated in federal court, and worked closely with the U.S. Environmental Protection Agency and the Massachusetts Department of Environmental Protection, and obtained relief in the form of a substitute drinking water supply well and a settlement with the defendants.
  • We defended an international environmental services company against a malpractice claim, in one of the longest jury trials in an environmental case in Massachusetts and received a favorable verdict.

Our clients include:
Businesses
Property Owners
Lenders
Real Estate Developers
Municipalities
Environmental Service Companies and Professionals
Insurance Carriers

Professionals

Rosanna Sattler

Partner617.973.6135 fax 617.722.4950rsattler@pbl.com

Ann Sobolewski

Partner617.973.6120 fax 617.722.4921asobolewski@pbl.com

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