• Challenging Projects
• Successful Outcomes

Representing veteran in appeal of denial of veterans' benefits at U.S. Court of Appeals for Veterans Affairs; Coordinating counsel for PRP groups at two New England Superfund sites; Lawsuit challenging developer's compliance with waterfront access agreement which allowed construction of 280 waterfront dwelling units; Overturned denial of standing to citizen group appealing groundwater discharge permit water quality certification; Defend local and state enforcement of wetlands Order of Conditions.

Successfully enforced PRP group's participation agreement in seeking additional Superfund site cleanup funding from bankrupt PRP; cleanup costs deemed administrative priority expense of bankrupt estate.

Deemed "most helpful expert" in defense verdict finding that defendants were not liable to indemnify plaintiffs for up to $25 million in environmental cleanup costs under a share purchase agreement and awarding $4 million in lawyers fees, costs and interest.
Link to Mass Lawyers Weekly Article, Judgment Denying Indemnification.

Expert witness project concerning liability allocation for cleanup of historic contamination at municipal airport also used as military air base; Expert witness project concerning allocation of responsibility for differing air contaminants emitted by separate industrial facilities adjacent to impacted neighborhoods; Expert witness project concerning divisibility of harm among partial owners of Superfund site.

Served as acting general counsel to prospective purchaser of the ASARCO mining bankruptcy estate, efforts which ultimately went unfunded; Client sought to acquire the operating properties (mines and refineries) and the environmentally distressed properties; Properties were to become advanced solar power generating technologies as anchors for site cleanup and redevelopment.

Chairman, Zoning Board of Appeals, Town of Wayland, MA: ZBA rules on applications for special permits, zoning appeals, comprehensive permits for affordable housing projects, site plan approvals and other requests for zoning relief.

In appeals on behalf of Town of Sudbury, MA, of federal and state wastewater discharge permits held by adjoining City of Marlborough; precedent-setting decision by U.S. Environmental Appeals Board upheld Sudbury appeal, requiring EPA to determine whether permit must require cleanup of downstream brook to achieve fishable swimmable water quality standards.
Link to Environmental Appeals Board decision.

Qualified as expert, prepared liability allocation report and testified at trial in support of expert allocation for Superfund landfill site, allocation upheld by federal district court (“particularly knowledgeable and candid”, “represents an equitable and fair allocation”) and 3rd Circuit Court of Appeals.
Links to District Court decision, 3rd Circuit decision upholding expert allocation.

Articles argue that liability for cleanup of toxic financial conditions should rest with owners, operators, buyers and sellers of toxic assets rather than with taxpayers. Faced with this choice, policy judgments directly analogous to those made in establishing hazardous substance Superfund dictate that those classes of individuals or entities who derived economic benefit from the activities which created the toxic conditions should be held strictly, jointly and severally liable for remediation of those conditions, without regard to individual fault or culpability. Link to my articles, Use Polluter Pays Principle to Fund Bailout, Use Clawbacks to Fund Wall Street Bailouts. Link to TIME Magazine article featuring my proposal, Economy Cleanup: Clawback to the Future, TIME, 1/8/2009.

Planning and coordination of regulatory compliance, site disposition and stakeholder involvement for demolition, decommissioning and beneficial re-use of plant property.