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We provide legal and strategic guidance to a provider organization regarding direct-to-employer contracting, including network provider contract design and structure.
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.
Advised a publicly traded student loan company in a series of technology transactions with large and sophisticated technology and services vendors, including a mission-critical call center outsourcing agreement.
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.
Represented an affordable housing provider in completing the purchase, rehabilitation, and preservation of 32 units of heavily subsidized low-income housing through the federal Low Income Housing Tax Credit (LIHTC) program, MassDevelopment bonds, and low-interest loans from the City of Quincy’s Affordable Housing Trust. The development, known as Bersani Circle, is the culmination of more than a year’s worth of work with the City of Quincy and various lender and tax credit investment entities, and will provide affordable housing at a time of great need.
Represented RBS Citizens, N.A., as agent and lead lender, in documentation and closing of term loans and lines of credit to a manufacturer with facilities in Maine, California and Tennessee, totaling $35 million.
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.
Lead real estate and permitting counsel to NYSE-listed energy company on purchase of all operating permits and development rights for 300 MW class to-be-constructed combined cycle dual fuel project, requiring delivery of new gas laterals and redeployment of excess water reservoir capacities for cooling.
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.
Strada Funding, LLC (ME and NH). Successfully represented a private lender seeking to recover in excess of $2.7 million from eight guarantors of loans made to former Chapter 11 debtor, Strada 315, LLC, the developer of a $35 million mixed-use condominium project located in Ft. Lauderdale, Florida.