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.