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The $1.5 billion Maine Power Reliability Program was the largest transmission project in Maine's history, with approximately 350 miles of new high voltage transmission line and five new substations. Pierce Atwood was instrumental in helping CMP assess the need for the project through the ISO-New England regional transmission planning process, overseeing the studies to develop the transmission solution for that need, preparing the non-transmission alternative assessment for the project, and obtaining all federal, state, and municipal environmental and land use permits for the project.
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, will break ground in the spring of 2018 and will bring about 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.
Pierce Atwood was the only U.S. law firm included on the AECOM Water Team that received one of three large business contracts for a $1 billion USAID Water and Development IDIQ (indefinite delivery, indefinite quantity) project. The AECOM team assisted USAID in implementing its worldwide 2013-2018 Water and Development Strategy, aimed at improving access to clean water in developing countries, emphasizing how sustainable use of water is critical to saving lives, promoting sustainable development, and achieving humanitarian goals.
Represented Bath Iron Works in 2011 in successfully defending against appeals of dredge permits issued to the U.S. Army Corps of Engineers for dredging of the Kennebec River to allow the U.S.S. Spruance to sail from BIW’s Bath, Maine shipyard. Appeals were filed with the Maine Board of Environmental Protection and the U.S. District Court. Phippsburg Shellfish Conservation Comm’n v. U.S. Army Corps of Engineers, No. 2:11-cv-00259-JAW (D. Me. July 29, 2011).
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.
Represented two boatyards to successfully respond to EPA 114 air compliance investigations and pursue air licensing strategies that avoided enforcement issues.
Represented Brookfield Renewable Power in matters concerning the Ripogenus and Penobscot Mills, including judicial appeals of FERC license orders. We obtained a favorable ruling in Conservation Law Foundation v. FERC, 216 F.3d 41 (D.C. Cir. 2000).
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.
