Environmental Law

Enforcement Defense

Environmental enforcement can negatively affect your brand and your profits. Having counsel with a practical and efficient plan of defense can help resolve an enforcement action quickly, minimizing its impact on your business. We have successfully defended clients facing enforcement actions under state and federal environmental statutes. We have negotiated significant reductions in proposed penalties and helped craft creative solutions to agency demands for pollution prevention or control.

The breadth and depth of the litigation capabilities we offer clients are not often found in a single firm, even in firms with larger environmental practices. We are particularly experienced in handling complex, multiparty cases in state and federal courts. We have developed our own efficiency systems to deliver the most value to our clients.

Quick Facts

  • One of the largest environmental law practices in New England
  • Nationwide practice
  • Frequent consultants to regulators and trade associations on cutting-edge issues
  • Senior attorneys include two former general counsel of government agencies
  • Environmental permitting for recent infrastructure projects involving more than $1 billion in capital investments
  • Recent litigation includes amicus position largely adopted by US Supreme Court in CERCLA litigation

Areas of Focus

  • Enforcement actions under state and federal environmental statutes, including the following:
    • Resource Conservation and Recovery Act
    • Clean Water Act
    • Clean Air Act
    • Comprehensive Environmental Response, Compensation and Liability Act
    • Wetlands Protection Act

  • Administrative enforcement actions and litigation brought by federal, state, and local agencies and commissions
  • Criminal proceedings, both before grand juries and in pretrial and trial proceedings

Rankings & Recognitions

  • Chambers USA: practice ranked in every edition
  • Lawyers ranked in Best Lawyers in America, Guide to the World’s Leading Environmental Lawyers, and Which Lawyer? Yearbook

Representative Experience

  • Successfully defended a client against a claim that it was responsible for contamination of a municipal water supply.
  • Obtained a dismissal of contamination-related property damage claims made by the owner of an industrial property against its long-time tenant.
  • Represented a multistate concrete and asphalt company in criminal and civil investigations under the Clean Water Act, including resolution by a consent decree under which the company paid a civil penalty and successfully implemented an environmental management program. The company has since received numerous awards for green practices.
  • Represented a Fortune 100 Company in a high-profile, two-year investigation relating to historic practices.
  • Defended a corporate officer in a high-profile federal prosecution of alleged violations of the Clean Air Act and related conspiracy charges.
  • Represented a concrete manufacturer in connection with the resolution of allegations of violations of the Wetlands Protection Act and the Solid Waste Disposal Act at several facilities.

Representative Clients

  • Cargill
  • CVS Health Corporation
  • General Electric Company
  • Nestlé Waters North America
  • Northeast Utilities Systems
  • Spectra Energy Corp.