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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.
We are working with Dixville Capital LLC to bring back to life and dramatically expand the historic Balsams Grand Resort Hotel in New Hampshire. The project will involve real estate assembly, negotiation of critical path agreements with various constituents, capital markets access, permitting, and resort and real estate development. In addition to working with startups, through our Catalyst Program we also work with investors that are involved with launching and re-launching businesses throughout the country.
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.