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Environmental

  • 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.
  • Represent the largest retail pharmacy company in the United States in its environmental matters, including assessing remediation costs and allocating liability among sellers, landlords, and other third parties as well as managing property remediation through state regulatory programs.
  • Represented a global biopharmaceutical manufacturer in connection with the acquisition of a portion of a former military base located in Devens, Massachusetts, for the construction of a large-scale, multiproduct bulk biologics manufacturing facility.
  • Representing a resort developer in connection with environmental and legal issues relating to the remediation and redevelopment of its waterfront site
  • Represented GenOn in National Pollutant Discharge Elimination System (NPDES) permit appeals to the EPA's Environmental Appeals Board as well as on other permitting matters.
  • Served as lead counsel for plaintiffs in a large CERCLA cost recovery case. West KL Avenue was a former Michigan municipal landfill which had received industrial, commercial, and residential water and had been designated as a federal Superfund site. Plaintiff, a major corporation, entered into a consent decree with the EPA agreeing to the cleanup of the site and, with cooperating municipal entities, sought to recover response costs and related expenses from other PRPs. Our team was retained first to oversee a broad settlement program against hundreds of PRPs, many of them small entities, and then to lead the litigation against the major corporate generators which refused to settle.
  • Represented a concrete manufacturer in connection with the resolution of allegations of violations of the Wetlands Protection Act and the Solid Waste Disposal Act of several facilities.
  • Lead the effort in Massachusetts to obtain all federal, state, and local environmental permits for development of the Greater Springfield Reliability Project and other improvements to the high-voltage electric transmission system serving New England.
  • Represented HWP, Inc., a subsidiary of Northeast Utilities, regarding tar deposits in the Connecticut River deriving from a manufactured gas plant that operated in Holyoke, Massachusetts.
Case Study
Mintz represents GE in a dispute concerning the EPA’s costly proposed remedy for the Housatonic Rest of River, which offers no additional environmental or human health benefit. The EPA Environmental Appeals Board recently took the usual step of remanding EPA’s proposal for further consideration.
Case Study
Mintz assisted a global gaming resort with redeveloping a Brownfield site. Mintz attorneys advised the client on risks related to contamination on the former chemical manufacturing site and helped the client defend its construction permits, Chapter 91 license, and MEPA certificate.
Case Study
Mintz counsels Harvard University regarding its ownership of Allston Landing, the site of a Massachusetts Turnpike interchange and former railyard. Mintz negotiated an agreement that included remediation of earlier contamination and assists Harvard in dealings with Massachusetts state agencies.
Case Study
Mintz and ML Strategies helped GE with acquisition and planning for its new headquarters campus in Boston. Attorneys and professionals with real estate, land use, environmental permitting, and construction experience worked with ML Strategies to help guide the public/private collaborative effort.