Public Interest / Environmental — Cases of Note
Represented coalition of residents in Seaport District of Boston concerned about proposed IndyCar street race that would cause major adverse environmental, public health and safety impacts on their neighborhood for five years. Appeared before Boston Public Works Commission, Boston City Council, and other agencies reviewing proposed race construction and operation, attended many community meetings, sought public records concerning the City’s approval of race, and authored op-ed pieces against race. After obtaining denial by Boston Conservation Commission of race promoter’s request for expedited wetlands approval, race was canceled.
Representing citizen group of town residents in two lawsuits concerning a town’s right of first refusal to acquire forestland protected under M.G.L c. 61. Issues include application and procedure of c. 61 and public rights to protect against unauthorized municipal spending. Obtained judgment successfully and permanently enjoining town from consummating a settlement agreement to acquire a smaller portion of the forestland in exchange for waiving the town’s c. 61 rights, rendering the settlement agreement ineffective. Successfully appealed the denial of the citizen group’s intervention in the land court to protect that judgment. See Reilly v. Town of Hopedale, No. 22-P-314, 2023 WL 2375559, at *1 (Mass. App. Ct. Mar. 7, 2023).
Representing land conservation trust and town residents in multiple lawsuits and administrative proceedings concerning a 55,000 s.f. building proposed by major university to be constructed in Natural Resource District on scenic ocean headlands next to public park. Issues include protection under Article 97 of the Massachusetts Constitution of dedicated parkland, zoning restrictions under the Dover Amendment, wetlands, building height, environmental review, and municipal easements through the site.
Representing family home-owners in city effort to acquire property interests in order to construct a municipal water supply well on the Merrimack River.
Represented board member of Massachusetts Turnpike Authority in lawsuit seeking disclosure of public records concerning settlements of certain disputes with the prime contractor on Big Dig project. After extensive litigation and interlocutory appeal to Massachusetts Appeals Court, obtained release of all public records in dispute.
Represented nonprofit organization in public records case against public redevelopment agency. Obtained ruling that agency violated state public records law in failing to maintain and preserve emails and electronic documents regarding controversial development project.
Represented online newspaper in public records dispute with city regarding investigative report of possible police assaults on persons being arrested. Obtained release of report.
Represented property owner in public records disputes with municipality regarding urban development plan that was in separate litigation. Obtained release of disputed records.
Represented landfill developer in public records dispute with state permitting agencies. Obtained release of key documents including memorandum indicating that purpose of permit denial was to facilitate taking of the property by eminent domain at lower price, which ultimately led to Superior Court decision ordering Commonwealth to issue permit.
Represented owner of commercial urban property in obtaining listing of property on National and State Registers of Historic Places. During course of challenging taking of the property by eminent domain by the state, obtained historic preservation agreement concerning new courthouse that was to be built on the property.
Represented Boston property owner whose construction offices and yard and adjacent residences were damaged by sewage overflows (and resulting oil spills) from pipes owned by state and local authorities during historic rainstorm. Worked in conjunction with coalition of neighborhood residents whose properties also had been damaged. After discovery and tripartite mediation with governmental authorities and their insurance companies, obtained settlement.
Represented developer of landfill and recycling facility in multiple environmental lawsuits. Obtained decisions dismissing zoning challenges to facility, upholding its site assignment, and mandating issuance of a state permits to construct facility. After state took property by eminent domain for $1.5 million, obtained Supreme Judicial Court decision that property should be valued as landfill, which resulted in $35 million settlement with the Commonwealth. See Douglas Environmental Associates, Inc. v. Department of Environmental Protection, 429 Mass. 71 (1999).
Defended state highway agency in administrative appeal of tidelands determination under Mass. Gen. Laws Chapter 91 for construction of Charles River Crossing portion of Central Artery/Tunnel project. Obtained dismissal of all objections to tidelands determination due to lack of standing. Obtained dismissal of Land Court litigation brought by commercial marina on Cape Cod against our client, an abutting marina, regarding licensing and use of pier located in public tidelands along riparian line separating two properties.
Obtained dismissal of Land Court litigation brought by commercial marina on Cape Cod against our client, an abutting marina, regarding licensing and use of pier located in public tidelands along riparian line separating two properties.
On behalf of commercial property owner faced with clean-up of historic hazardous waste contamination, negotiated complex six-figure settlement representing 75% of response costs with multinational conglomerate which had acquired original polluter.
On behalf of international precious metals supplier, negotiated six-figure pre-litigation indemnification pursuant to stock purchase agreement to cover claims made against client of alleged violations of federal Clean Water Act.
Represented town south of Boston in lawsuit alleging inadequate environmental review under the Massachusetts Environmental Policy Act for cinema complex sited just over border in adjacent town and which would have caused significant traffic delays across town line. After extensive litigation and summary judgment briefing, negotiated settlement requiring extensive roadway modifications and traffic remediation.