Pierce Atwood served as lead counsel to Casella Waste Systems in its $47 million acquisition of waste disposal assets in western Massachusetts and Albany, New York from publicly traded Republic Waste and its affiliates.

Pierce Atwood attorney Gareth Orsmond played a leading role as part of a team that secured a waterways license for Cronin Holding’s 150 Seaport Boulevard project, a 250-foot tall, 22-story mixed use development in Boston’s Innovation District.  Gareth defended Cronin in multiple lawsuits brought by the Conservation Law Foundation and worked with former Massachusetts Governor William Weld to reach a settlement. The project, built around an iconic building designed by Elkus Manfredi, broke ground in 2018. The project plan was designed to incorporate significant public benefits, including 46 units of deeply subsidized senior housing and long-term funding to provide waterfront and Boston Harbor experiences to disadvantaged children from the City of Boston.

Represented Maine Blueberry Commission in development of new pesticide application general permit for application adjacent to water bodies.

Pierce Atwood represents project developer Plus Power in connection with the financing, land use, environmental mitigation and siting of a 150 MW / 300 MWh battery storage facility in Carver, Massachusetts. Cranberry Point Energy Storage is the largest battery storage project under construction in Massachusetts.

Pierce Atwood serves as lead transactional and environmental counsel for a leading U.S. operator and developer of stand-alone, utility-scale battery energy storage systems, in connection with a proposed 700±-MW battery energy storage system in Everett, Massachusetts. When completed, the proposed storage facility will be one of the largest in Massachusetts and will occupy a critical, urban location given its proximity to the Mystic substation. Pierce Atwood also leads aspects of the complex, state environmental permitting efforts, including, but not limited to, permitting under the Massachusetts Public Waterfront Act, known as Chapter 91, and the Massachusetts Environmental Policy Act.

Represented biomass facilities in regulatory challenge to allocation of REC credits in Rhode Island.

Represented a boatyard with response to an information request from the EPA filed under the Clean Water Act regarding compliance with Maine Multi-Sector General Permit for Industrial Activities.

We advised Burgess Biopower on all aspects of financing the redevelopment of a shuttered paper mill into a state-of-the-art 75 MW biomass power plant located in Berlin, New Hampshire, which will burn waste biomass and sell power to the grid. The financing involved several sources of funds, including $63.5 million of new markets tax credit financing with allocation from six CDEs. The project also involved a $90 million section 1603 cash grant in lieu of an investment tax credit or production tax credits. The balance of the project was financed by $200 million of rated bonds provided by a consortium of financial institutions. We also advised with respect to EPC agreement, off-take power purchase agreement with PSNH and all project related agreements.

Pierce Atwood acted as real estate and environmental permitting counsel for Calpine Corporation in its $530 million acquisition of the 809 MW Fore River Generating Station in North Weymouth, Massachusetts from Exelon Corporation in 2014. Pierce Atwood attorneys from the Real Estate, Energy, Environmental and State and Local Tax practice groups worked seamlessly to analyze and resolve the many complex land use, tax, and environmental issues. The initial bid preparation through purchase agreement negotiation was accomplished in 15 weeks. Our work included analysis and management of complex tidelands, former coal ash disposal, dual fuel delivery requirement, and management of active MassHighway bridge relocation through the center of project site.

Represented Casella Waste Systems in connection with the acquisition of waste hauling and handling company, Oceanside Rubbish, Inc., based in Sanford, Maine.

Pierce Atwood represented Casella Waste Systems in the acquisition of Complete Disposal Company, Inc. and its subsidiary, United Material Management of Holyoke, Inc., owner and operator of a solid waste transfer station in Holyoke, Massachusetts.

Represented Casella Waste Systems, Inc. in connection with the acquisition of waste hauling company Central Maine Disposal Corporation based in Fairfield, Maine.

Pierce Atwood represented Portland Pipe Line Corp. in legislative opposition to, and in litigation challenging, an ordinance that prevents the use of its pipeline for transporting certain types of crude oil from Canada to tankers in Portland Harbor. Portland Pipe Line Corp. withdrew the lawsuit in July 2021.

For the forest products industry, and especially for paper mills, Pierce Atwood’s environmental attorneys have addressed chemical safety and products regulation issues under a range of federal and state laws, including packaging laws. Among the requirements the firm has advised on are those under the Toxic Substances Control Act, pesticide laws, OSHA information and safety standards, the Federal Trade Commission’s “Green Advertising” guidance, and California’s Proposition 65. Among other related matters, we have advised clients on manufacture, storage requirements, shipping and transportation in interstate and international commerce, labeling and advertising, and multistate product recalls.

Represented a community-based wind farm in obtaining state regulatory approval for a long-term electricity contract.

Defend against allegations of air releases and groundwater contamination from various types of currently-operating and former manufacturing facilities. For example, represented a former owner of hazardous substance site against CERCLA cost recovery, RCRA claims, and common law toxic tort claims arising from state demands for remediation of coal tar at former Manufactured Gas Plant Site.

Represented manufacturing company in administrative enforcement action brought by U.S. EPA alleging improper waste identification, waste management, lack of training, and improper storage of hazardous waste.

Defended individual against State of Maine criminal enforcement action for alleged illegal disposal and treatment of hazardous wastes.

Represented a major water pollution control authority in negotiating a successful resolution to a significant enforcement action brought by the State DEP and Attorney General’s office alleging violations of Maine’s solid waste and water pollution control laws.  The resolution involved use of a Supplemental Environmental Project rather than a monetary penalty. 

Represented approximately 25 Massachusetts municipalities on creation of a template for developing municipal separate storm sewer system (MS4) plans for compliance with federal stormwater rules.

Representing company in acquisition of brownfields real estate (site of former paper mill), water rights, fish egg import license, and all necessary land use and environmental permits and submerged land leases for construction and development of large land-based North Atlantic salmon farm on Penobscot Bay.

Represent the largest egg farm in northern New England on all environmental issues at multiple farm sites.

Represented ENPRO on various aspects of commercial hazardous waste storage facilities, and also arranged financial assurance for several hazardous waste storage facilities in New England.

Represented developer in expansion of existing mobile home park by approximately 80 lots in Kittery, Maine.  The project required a successful appeal pursuant to the mobile home park statute, 30 M.R.S. § 4358, which restricts the authority of municipalities to establish overly restrictive zoning to preclude development or expansion of mobile home parks. 

Representation of the Moody Point Community Association in negotiations with the Town of Newmarket, New Hampshire, over the extension of public water supply to serve Moody Point, a community of 101 homes on the shores of Great Bay.  Moody Point currently operates its own private water supply.

Pierce Atwood obtained a favorable outcome for our clients at the First Circuit Court of Appeals in Penobscot Nation v. Mills, the case brought by the Penobscot Indian Nation asserting control over the use and water quality of the Penobscot River in Maine. On June 30, 2017, by a 2-1 vote, the First Circuit panel affirmed the Maine U.S. District Court’s ruling that the tribe’s claims are barred by the 1980 Maine Indian Claims Settlement Act. The First Circuit majority also rejected the tribe’s claim that the state has interfered with the tribe’s sustenance fishing rights. Pierce Atwood represents a coalition of municipal and private wastewater discharge licensees on the Penobscot River.

Represented Florida Power and Light on real estate title, easements, entitlements, and documentation, as well as the transfer of federal, state, and local environmental and land use approvals, in connection with the acquisition of the Seabrook, New Hampshire Nuclear Power facility.

Represented FMC’s Rockland, Maine manufacturing facility, the largest producer of carrageenan in North America, on environmental permitting, counseling, compliance, and strategic matters. Carrageenan is a natural colloid extracted from seaweed; it is used in many health care and food products, including toothpaste, pharmaceutical tablets, ice cream, bakery mixes, processed meat products, and beverages.

Represent the Maine Forest Products Council, the state's only trade association representing Maine timberland owners, forest products companies, and related suppliers, on environmental, land use, forestry, commercial, tax, and antitrust issues.

We represent Fox Islands Wind LLC, the developer and operator of an innovative island community wind project, in all aspects of its business, including environmental permitting, real estate, litigation, corporate, and compliance matters.

Pierce Atwood assisted GO Lab, Inc., d/b/a TimberHP on all aspects of the development of its wood fiber insulation manufacturing facility at the former UPM paper mill in Madison, Maine, beginning with the acquisition of the mill in 2019, through the closing of the sale of $85 million tax-exempt green bonds issued by the Finance Authority of Maine, a $24 million New Markets Tax Credit transaction, and a $25 million Series A equity raise. These funds provide the up-front capital needed to turn the former paper mill into the first wood fiber insulation manufacturing plant in North America.

Represented Sappi North America, Inc. in the negotiation and permitting of the surrender of the FERC license for the Saccarappa Hydro Project in Westbrook, Maine, in 2013-2019.

Representation of GO Lab, Inc., d/b/a TimberHP, a startup company helping to revitalize Maine’s forest products industry by repurposing a former paper mill to develop and manufacture environmentally responsible wood fiber insulation, in all aspects of the development of its business.

In a very challenging regulatory environment with significant opposition, we assisted our confidential client in obtaining the necessary permits and approvals to install meteorological towers in two communities in northern New Hampshire. Our efforts included representation before town zoning, planning, and select boards and successfully defending the approvals in Superior Court.

Advised Irving Woodlands, LLC on a concept plan rezoning before 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.

We represent NEWSME Landfill Operations, LLC, the operator of the Juniper Ridge Landfill, in its efforts to develop and sell for energy use the landfill gas it collects through an elaborate network of landfill gas collection pipes at this large state-owned landfill. This representation includes advice on both the environmental permitting and commercial aspects of the transaction.

Represented NEWSME Landfill Operations, LLC, the operator of the State-owned Juniper Ridge Landfill, in the successful federal, state and local licensing of a 9.35 million cubic yard horizontal expansion of this solid waste facility.  State and local approvals were obtained after contested adjudicatory proceedings.

On behalf of the European Bank for Reconstruction and Development (EBRD), we drafted a “Green Economy Law” for the Ministry of Economy and Budget Planning in Kazakhstan, which involved an assessment of Kazakhstan’s existing laws in a variety of sectors (including the Environmental Code, the Water Code, the Electricity Law, the Renewable Energy Law, the Tax Code and the Administrative Offences Code), as compared to international best practices for “green principles.” Pierce Atwood and its local lawyers in Astana and Almaty participated in meetings with stakeholders, and then proceeded to develop amendments to 22 laws and their related sub-acts. The final Green Economy Law will introduce green economy principles into Kazakhstan’s legislative framework, based on models taken from countries that are leaders in “green economy” best practices in environmental management, including water usage, waste disposal and management, air emissions, and energy efficiency.

Represented Pine Tree Landfill in obtaining necessary permits for construction and operation of 5 MW landfill gas-to-energy facility.

For over three decades, Pierce Atwood has represented virtually all of Maine’s pulp and paper companies in the licensing, relicensing, and expansion of their respective solid waste landfills, which are dedicated to the disposal of the solid and special wastes generated at each mill that cannot otherwise be reduced, recycled, or composted.

Pierce Atwood assisted a major pulp and paper company in successfully licensing two new tissue machines, which are now under construction.

Represented large land owner on environmental and land use issues associated with a long-term lease for a large wind power project in northern Maine.  This matter also involved significant coordination with our Real Estate Department. 

Maine Beer Co. has grown from a small “nano” brewery producing 100 barrels of beer a year to a thriving microbrewery producing over 4000 barrels a year. To support the surge in production they expanded their staff from two to 12 full-time people and moved into a brand new 11,000 square foot production facility. As the company has grown so have its legal needs and Pierce Atwood has been there to help.

Defended former owner of facility against state court action involving cost-recovery claims, toxic tort claims, and diminution in value claims, alleging damages running to millions of dollars.

Successfully represented several large manufacturing facilities that underwent extensive PSD/NSR and Refrigerant (CFC, HCFC) compliance reviews by EPA. These reviews began with EPA information requests seeking large amount of information, in some cases dating back to the 1970s, with respect to virtually every capital project at the facilities and detailed review of compliance with Maine’s EPA-approved State Implementation Plan regulations and EPA’s New Source Performance Standards.

Representation of Mercy Hospital in all real estate and transactional aspects, including financing, for the acquisition and development of a major new hospital campus project along the Fore River in Portland, Maine. This project required the assemblage of multiple parcels, negotiating easements and crossings with the Portland Terminal Company railroad, the negotiation with the City of Portland for a special contract zone to accommodate the development, negotiating with the State of Maine DOT for the construction of a new access road connecting I-295 and the riverfront, working with various community groups, such as Portland Trails, to reach a community consensus on the project and incorporating community issues into the project, working with the DEP on wetland remediation and natural wildlife concerns and clearing ancient claims of title and relocation of public roads.

Assisted in cleanup, redevelopment, and permitting of a former paper mill on a 40-acre river site into a state-of-the-art manufacturing facility in Brewer, Maine, which is now constructing large-scale, high-tech building components for industrial facilities and shipping them via ocean barging. The firm addressed state and local environmental and land use permitting and real estate issues, including issues arising from historic contamination, negotiated numerous environmental and real estate concerns with interested parties, and facilitated the Voluntary Response Action Plan issued by the Maine DEP.

Pierce Atwood serves as national coordinating counsel on all environmental matters for a pulp and paper company with operations in New England, the Midwest, and the Mid-Atlantic. This role involves providing regular advice and counsel on issues such as compliance strategies for air emissions regulations, such as boiler MACT and BART, managing a potential river re-designation that could cost hundreds of millions of dollars in compliance costs, permitting a secure vault for storage of hazardous waste, and advising the company on day-to-day operations issues about issues ranging from management of contaminated soils to stormwater compliance. In this capacity, we work closely with company lawyers, corporate environmental staff, and environmental staff from each individual mill, as well as local counsel in various jurisdictions.

Since 2017, Pierce Atwood has represented Avangrid Networks, Inc. and its affiliates CMP and NECEC Transmission LLC on all aspects of the development of the New England Clean Energy Connect (NECEC), a $1 billion, 147-mile high-voltage direct current transmission line that will interconnect the New England transmission system with the Hydro-Quebec (HQ) transmission system at the Canadian border in western Maine. The NECEC will deliver 1,200 MW of hydropower generated by Hydro-Quebec to the New England grid around the clock for at least 40 years. As found by the Maine PUC, this project promises to reduce the cost of electricity in Maine and New England by tens of millions of dollars each year, increase the reliability of the New England electric grid, and reduce greenhouse gas emissions by 3.0-3.6 million metric tons annually (the equivalent of removing 700,000 cars from the road).

Representation of the Skating Club of Boston in the acquisition and development of a new, state-of-the-art, three-rink, 4,000-seat skating facility on University Avenue in Norwood, Massachusetts. We have assisted the Skating Club in all aspects of site acquisition, title matters (including clearing some old reciprocal easements for an office park that was never developed), zoning, wetlands and MEPA permitting, payment in lieu taxes agreements, and development agreements. We also represented the Skating Club in the sale of its existing facility at 1234 and 1240 Soldier’s Field Road in Boston.

Represented NEWSME Landfill Operations, LLC, the operator of Maine’s largest state-owned landfill, in separate projects to license a 7 million cubic yard vertical increase in disposal capacity and to accept municipal solid waste for disposal. Both projects involved successful defenses of appeals to the Maine Board of Environmental Protection.

We serve as general counsel to Ocean Renewable Power Company, LLC, a developer of tidal energy technology and projects. Our work includes successful applications for FERC and state environmental authorizations for product trials in Western Passage off the Maine coast, a program that is now implemented in Alaska and Canada.

We represented Xpress Natural Gas (XNG) in expanding access to compressed natural gas throughout the State of Maine and elsewhere in New England. Pierce Atwood assisted XNG in obtaining all necessary regulatory approvals and environmental permits for compressed natural gas production facilities in Baileyville and Eliot, Maine. These facilities receive natural gas from major pipelines, condition and compress it, and then dispense it into tank trailers made of composite materials. The trailers are then trucked to customer locations throughout Maine and elsewhere, where the CNG is used primarily as boiler fuel. These were the first facilities of their kind in New England, and allow consumers who are not presently served by a gas utility to take advantage of this abundant, clean burning, economic and domestically produced energy resource. Our attorneys successfully led XNG through the process of obtaining approvals from the Public Utilities Commission. We drafted and obtained a town zoning ordinance amendment and other local approvals, and successfully navigated permit or exemption issues before the Department of Environmental Protection, the Maine Fuel Board, and the State Fire Marshal. We were also successful in determining that the facility was not subject to Federal Energy Regulatory Commission jurisdiction.

Represented client in enforcement action brought by NHDES as a result of release of oil into the Piscataqua River in Newington, NH. 

Serve as lead PRP counsel and Chair of Steering Committee for over 100 participating PRPs at Plymouth, Maine NPL Superfund site; represent parties in Removal Order, RI/FS Order, Remedial Design AOC and ongoing Technical Impracticability Waiver effort; manage all site issues with EPA and state including PCB issues, Natural Resource Damage claims, post-remediation obligations and financial assurance.

Represented several Maine pulp and paper facilities on MEPDES licensing renewals and modifications, including review of nutrient limitations and development of site-specific metals limitations.

Represent several pulp and paper mills with compliance inspections under Maine’s Multi-Sector General Permit for industrial facility stormwater discharges.

Regularly represent owners and operators (including former owners and operators) at federal and state RCRA Corrective Action sites, including sites with off-site VOC plumes; advise on all aspects of compliance and liability, including Corrective Action Orders and Licenses, negotiation of toxic tort settlements, land swaps, transfers of property to new owner/operator, Natural Resource Damage claims, and financial assurance. Sites have included Saco Defense and Maine Electronics, among others. Pierce Atwood attorneys have actively participated in the Maine DEP Corrective Action Improvements Initiative, beginning in 2017.

Represent MEREDA, Maine’s premier real estate development association, on all governmental relations issues, including issues affecting land use, environmental compliance and regulation, taxation, and economic development. In one example, Pierce Atwood assisted MEREDA with drafting and lobbying for the new 10,000 square foot exemption to the Site Location of Development Act.

We represented a major out-of-state developer in the due diligence, acquisition, remediation and redevelopment of idle and contaminated properties in Lewiston, Maine. This work included obtaining liability protection for the client under the State’s Voluntary Response Action Program and preparation of an environmental covenant. The site is now back in productive use as new retail store, gas station and car wash.

We represent a major developer in the acquisition and redevelopment of an idle, contaminated former Maine DOT maintenance facility. This work has included obtaining liability protection for the client under the State’s Voluntary Response Action Program and preparation of an environmental covenant. The 10+ acre property is now redeveloped and the site of large office buildings employing hundreds of workers.

We represented Madison Paper Industries, a major pulp and paper company, in all corporate, environmental, and real estate aspects of the sale of all of its remaining Maine assets in three separate transactions to three different, unrelated parties. Facilities sold included pulp and paper production facilities, hydropower facilities, and a closed solid waste landfill.

Represented Sappi’s Somerset Mill in successfully obtaining state air and land use permits for its $165 million rebuild of its No. 1 Paper Machine to manufacture consumer packaging products.

Represented Sappi in obtaining all permits to utilize alternative fuels in a multi-fuel boiler.

We defended Grimmel Industries, L.L.C., owner of a scrap yard in Portsmouth, NH, against an administrative enforcement action brought by the U.S. Environmental Protection Agency for alleged violations of the federal stormwater requirements under the Multi-Sector General Permit for Industrial Activities. This matter involved negotiating a consent agreement and a substantial supplemental environmental project with The Nature Conservancy.

Pierce Atwood represented the City of Somersworth, New Hampshire, in the development of a major solar photovoltaic (PV) installation on the 26-acre Somersworth Sanitary Landfill Superfund Site, including negotiation of a Payment in Lieu of Taxes agreement and ground lease. The energy produced by this project will be sold to the City under the state’s group net-metering program, resulting in both economic and environmental benefits. The project will be New Hampshire’s first solar array located on a former Superfund Site. Ameresco, Inc., a renewable energy asset developer, owner and operator, is developing the project.

Served as lead counsel on state and local licensing of a new 1,000 ton-per-day solid waste transfer station and construction and demolition debris processing facility approved after contested adjudicatory hearings before the Maine Board of Environmental Protection and City of Westbrook.

We represented Poland Spring in Maine on all permitting matters for new spring sites in Rumford and Lincoln. This included obtaining state and federal land use and environmental approvals for water extraction and wetland impacts, acquiring land rights, and negotiating water supply agreements. Pierce Atwood also provides real estate due diligence, and transaction work and governmental relations for Poland Spring in Maine.

Represented a coalition of industrial facilities during legislative and rulemaking processes before the Maine Board of Environmental Protection and in the Maine Legislature to substantially change how the state regulates greenhouse gas emissions.

Represented 16-member performing party group at Superfund site in New Hampshire with various USEPA and NHDES compliance issues, including the planning, drafting, negotiation and execution of environmental covenants as part of a water line extension.

Represented multiple large clients at the Wells, Maine Waste Oil site as lead PRP counsel and Chair of Steering Committee in case with over several hundred participating PRPs. Nationally recognized innovative cash out settlement with state, involving property and liability transfers, insurance protections, and toxic tort protections. Continuing to represent the entity that completed the cleanup and manages the site post-closure, including addressing financial assurance matters.

Representation of real estate developer in connection with wetlands and Chapter 40B permitting of a 144-unit, age-restricted multifamily project in Abington, Massachusetts in close proximity to the Abington commuter rail station.