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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.
We obtained a defense verdict for Genesis Healthcare in a whistleblower case in Maine state court, in which the plaintiff, a registered nurse, alleged that she was terminated because she complained about what she claimed was an inadequate orientation that put patients at risk.
Represented the owner of a new, state-of-the-art athletic facility in Massachusetts in the negotiation of a design-build contract. Used the AIA A141-2014 Design Build Contract form as the basis of the agreement. Assisted the client in the negotiation and execution of the Design-Build Amendment for the Project.
Represented a developer in Massachusetts who entered into a contract with a city to construct public and private improvements as part of a downtown revitalization project. Utilized the ConsensusDocs 410 contract form for the contract between the developer and the city. Used a multi-GMP Amendment process for the varying phases of the public and private work. Drafted and negotiated the construction management agreement with the contractor using ConsensusDocs 500 form. The project involved the use of modular construction building for the apartment complex.
Advised a Kentucky developer of solar PV projects in connection with new market tax credit opportunities, off take agreements, financing and tax credits.
On behalf of Beacon Power Corporation, one of our attorneys worked with ISOs/RTOs to develop tariffs for FERC’s approval that established a category of ancillary service providers for companies providing fast-responding Frequency Regulation. As a result of the implementation of these tariffs, flywheels and batteries were permitted to bid competitively for specific ancillary services.
We represent and advise landfill owners in the development of gas-to-energy sites where methane is extracted from the landfill and used to generate electricity.
We are assisting Ørsted (formerly DONG Energy), a Danish energy company and one of the world's leading developers of off-shore wind generation facilities, in connection with the development of off-shore wind generation and related facilities southwest of Martha’s Vineyard.
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.
In a putative class action in Maine Superior Court filed on behalf of borrowers with mortgages allegedly discharged improperly by Bank of America, Pierce Atwood helped the bank obtain a voluntary dismissal of all claims in the face of the bank’s motion for summary judgment. Quebbeman v. Bank of America, N.A., Maine Superior Court No. BCD-CV-15-01 (Order dated November 9, 2015).