Brian M. Rayback
Partner
F 207.791.1350
Brian Rayback focuses his practice on environmental and land use law, with expertise in all aspects of water, air, natural resources, solid waste, and zoning regulation. He is the Chair of Pierce Atwood's Environmental Practice Group.
Brian provides cost-effective, strategic advice on project permitting, enforcement matters, appeals of agency decisions, regulatory compliance, and legislative issues for property developers and owners, trade associations, utilities, construction companies, and industrial and manufacturing facilities. He regularly appears before federal, state, and local boards and agencies to assist clients in navigating the complex and often overlapping array of environmental and land use regulations.
Honors & Distinctions
- The Best Lawyers in America® “Lawyer of the Year” in Maine for Environmental Law (2022)
- Recognized by Chambers USA for Environmental Law
- Recognized by The Best Lawyers in America® for Environmental Law and Land Use & Zoning Law (2013-present)
- Named to MaineToday Media's "Forty Under 40" (2011)
Professional Activities
- Vice Chair, American Bar Association Section of Environment, Energy, and Resources, State and Regional Environmental Cooperation Committee (2010-2015)
- Member, Maine State Bar Association's Continuing Legal Education Committee (2009-2016)
- Participant in multiple Maine Department of Environmental Protection Stakeholder groups, including on scenic and aesthetic impacts, the Site Location of Development Act, the Shoreland Zoning Act, and industrial stormwater issues
- Law Clerk, Maine Supreme Judicial Court for Justice Paul Rudman and Justice Susan Calkins (1998-1999)
Publications
- Editor, A Practical Guide to Land Use in Maine, MCLE New England (2016 and 2018, 2021, 2023 supplements)
- Author of chapter on Maine water rights in Waters & Water Rights, a national treatise published annually by Matthew Bender
Civic Activities
- Board of Directors, Cape Elizabeth Soccer Club (2016-present), President (2022-present)
- Board of Directors, Biodiversity Research Institute (2010-2012)
- Board of Directors for the Nathan and Henry B. Cleaves Law Library (1999-2007), Treasurer (2005-2007)
- Volunteer coach, U.S. Soccer "D" License, youth soccer
Practice Areas
Brian has broad experience advising clients on complex regulatory issues involving air emissions, wastewater and stormwater discharges, solid waste disposal, and natural resources issues. Recent projects include:
Representative Experience
- Assisted Twin Rivers Paper Company with infrastructure development crossing the St. John River between Maine and Canada pursuant to a Presidential Permit review.
- Represented a Midwestern paper mill in settling alleged opacity violations under the Clean Air Act by the U.S. Environmental Protection Agency.
- Represents owner of mixed-use development seeking jurisdictional determination from Army Corps in light of recent Supreme Court decision, Sackett v. EPA, that limits federal wetland jurisdiction under Clean Water Act.
- Advised multiple clients on obtaining sales & use tax and property tax exemptions under Maine law for air and water pollution control facilities, including for landfill liners, nuclear waste storage, and stormwater management facilities.
- Represents the operator of Maine's Juniper Ridge Landfill in an approximately 12 million cubic yard expansion that requires a preliminary information report, a public benefit determination (including an environmental justice review), and a solid waste facility license.
- Represented the Greater Portland Council of Governments in advocating for revisions to the Municipal Separate Storm Sewer (MS4) General Permit under EPA's Remand Rule, including defending the new permit and its implementation in appeals to the Maine Board of Environmental Protection.
Latest Updates in Environmental
Brian's land use practice covers a broad range of development projects, and includes advice on issues such as takings, variances, vested rights, and contract zoning that frequently arise under state and local rules. Recent projects include:
Representative Experience
- Advised Irving Woodlands, LLC on the successful concept plan rezoning by the Maine Land Use Planning Commission for about 51,000 acres in northern Maine, including a potential conservation easement of more than 16,700 acres. The project proposes rezoning for residential, commercial, forestry, and recreational lodging uses along four lakes in the Fish River Chain of Lakes, and includes innovative new rules for managing phosphorus export, provides alternatives for septic systems at existing camp lots, and requires implementation of sustainable forestry practices.
- Represents Poland Spring in negotiations to extend water supply agreements with the Lincoln Water District and Rumford Water District, including before the Maine Public Utilities Commission, Maine Department of Environmental Protection, and local governments.
- Advised purchaser of medical office building on stormwater issues related to the Long Creek watershed under a general permit issued by the Maine Department of Environmental Protection pursuant to the Clean Water Act's residual designation authority.
- Successfully advised Whole Oceans on the state and local site and zoning permitting for its proposed land-based recirculating aquaculture system.
Latest Updates in Land Use
Representative Experience
- Advising solar developer with respect to settlement of alleged violations of erosion control and sedimentation laws with Maine Department of Environmental Protection.
- Assisted Poland Spring with state and local site permitting a 10 MW behind-the-meter solar array at its bottling plant in Hollis, Maine.
- Represents potential investors in environmental and land use due diligence, including a review of ongoing permitting matters, for multiple renewable energy projects, including investments in offshore wind, solar, and biomass projects.
- Advising multiple solar developers in dozens of communities in Maine on land use and zoning issues related to development of solar projects, including moratoria, variances, contract zoning, subdivision, conditional use approvals, and the application of Maine's net energy billing program.
- Provided multiple zoning opinion letters to facilitate financing of solar projects around Maine.