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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.
Pierce Atwood represents Kearsarge Energy, a significant developer of solar energy, in connection with a proposed 17-acre, 5 MW ground mounted solar array in Walpole, Massachusetts. Our attorneys successfully argued that the town of Walpole’s zoning bylaws unlawfully prohibited large-scale solar facilities, paving the way for Kearsarge Energy to move forward with development of its solar facility.
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.
Representation of Southbridge Business Center in connection with 15-year oversight of 3.2 MW combined cycle electric/ steam/hot water/chilled water system for plant landlord and owners of serviced hotel and industrial park. Managed successful workout when plant operator failed.
We successfully advocated for the enactment of legislation to improve the Business Equipment Tax Exemption and avoid cuts to the Business Equipment Tax Reimbursement and Pine Tree Zone programs.
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.
Reviewed and updated a general contractor’s standard form of subcontract, purchase order, and supply contract for its Rhode Island public works projects.
Represented a coalition of industrial facilities during legislative and rulemaking processes beofre the Maine Board of Environmental Protection and in the Maine Legislature to substantially change how the state regulates greenhouse gas emissions.
Pierce Atwood partner Stephen Del Sesto serves as court-appointed receiver for the St. Joseph Health Services of Rhode Island Retirement Plan in the first case of its kind in the country to use state receivership to protect a failed private “church plan” pension fund.
We recently represented a bank in a putative nationwide and statewide class action concerning student loan services filed in the Eastern District of Pennsylvania. After we and counsel for other defendants filed motions to compel individual arbitration, the case was settled on favorable terms.
Pierce Atwood represented Massachusetts Housing Investment Corporation (MHIC) in connection with a $20 million subscription line of credit from Rockland Trust Company for the Healthy Neighborhoods Equity Fund II Limited Partnership. The fund was launched by MHIC and Conservation Law Foundation (CLF) to finance inclusive mixed-use developments near public transportation that offer retail, housing, and social services to support healthier communities.
