Practices

Environmental

Our attorneys have particular expertise in handling complex environmental litigation, including appeals and defenses of environmental permit approvals in administrative proceedings and in state and federal courts. Our Litigation and Environmental Sections host many seasoned litigators, some of whom have senior-level public sector experience with relevant agencies. This unique concentration of litigation and environmental expertise accounts for Mintz Levin's successful representation of numerous different types of real estate projects and land use interests to secure favorable project development outcomes, even under intense governmental and public scrutiny.

At the state level, Mintz Levin regularly represents public and private project sponsors and landowners in negotiations and adjudicatory hearings before agencies such as the Massachusetts Department of Environmental Protection regarding wetlands, water quality and waterways licensing approvals. In these matters, our understanding of agency procedures, enforcement actions and approval policies has enabled us to limit unnecessary review, craft practical outcomes to contested environmental issues and build sound administrative records to prevent or withstand further court challenges. Where final agency action is not favorable to our client's interests, or is challenged by another party with opposing interests, Mintz Levin has successfully represented clients in state trial and appellate courts to secure or defend project environmental approvals.

At the regional level, Mintz Levin attorneys have been extensively involved in litigation challenging the powers and actions of the Martha's Vineyard Commission and the Cape Cod Commission, regional bodies that have broad land use and environmental approval authority in their respective geographic areas. 

At the town level, we have represented numerous landowners in a range of litigation involving local environmental issues and reviews.

 

Related Practices

News

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Publications

Green Building Newsletter - January 2012

1/23/2012



Environmental Alert: Sackett v. EPA: United States Supreme Court Critical of EPA

1/12/2012



Environmental Alert: Sackett v. EPA: Does the Constitution Mandate the Ability to Challenge an EPA Order Pre-Enforcement?

1/4/2012



Environmental Alert: Appropriations Bill Does Not Limit Clean Water Act Jurisdiction

12/22/2011



Environmental Alert: MassDEP’s Proposed Approach to Anaerobic Digestion: Solution or Stomachache?

12/12/2011



Environmental Alert: Impending Changes to Underground Storage Tank Regulations

11/30/2011



Green Building Newsletter - October 2011

10/20/2011



Environmental Alert: EPA Revises Lead Paint Rules for Building Renovations

10/14/2011



Green Building Newsletter - August 2011

8/5/2011



Green Building Newsletter (May 2011)

5/18/2011



Green Building Newsletter (January 2011)

1/26/2011



Environmental Alert: Massachusetts DEP Issues New Draft Vapor Intrusion Guidance for Public Comment

12/22/2010



Environmental Alert: Supreme Court Will Decide Fate of Climate Change Nuisance Lawsuits

12/6/2010



Ralph Child Writes Article for National Law Journal: “‘Good’ energy projects will survive; ‘bad’ ones will not”

10/25/2010



Green Building Newsletter (October 2010)

10/4/2010



Housing Alert: Massachusetts’ Highest Court Instructs Town Boards of Appeals Not to Invade the Province of State Subsidizing Agencies

9/7/2010



Housing Advisory: Affordable Housing Litigation: Life after the Supreme Judicial Court

7/20/2010



Green Building Newsletter (June 2010)

6/23/2010



Environmental Advisory: EPA's New Rules for Renovation of Buildings Containing Lead Paint

6/9/2010



Environmental Alert: The Second Circuit Reinstates Global Warming Federal Nuisance Claims against Utilities: Connecticut, et al. v. American Electric Power Co., Inc., et al.

10/1/2009



Real Estate and Environmental Alert: New York Landlords Now Required to Notify Tenants of Indoor Air Quality, Groundwater and Soil Test Results

9/18/2008



Energy and Clean Tech Connections (September 2008)

9/18/2008



Energy and Clean Tech Connections (August 2008)

8/20/2008



Energy and Clean Technology Alert: “Green Jobs” and “Global Warming” Bills Get Patrick’s Signature

8/13/2008



Homeland Security Quarterly Newsletter (August 2008)

8/6/2008



Energy and Clean Tech Connections (July 2008)

7/23/2008



Energy and Clean Technology Alert: Massachusetts Orders Revenue Decoupling by Distribution Companies

7/18/2008



Energy and Clean Technology Alert: Governor Deval L. Patrick Signs Major Energy Reform Bill

7/2/2008



Energy and Clean Tech Connections (June 2008)

6/18/2008



Housing Advisory: SJC Issues Two Decisions Concerning When Towns Can Litigate Their Compliance with Chapter 40B's Thresholds

6/5/2008



Energy and Clean Tech Connections (May 2008)

5/21/2008



Energy and Clean Technology Alert: Regional Greenhouse Gas Initiative Announces CO2 Auctions

3/28/2008



Environmental Advisory: Massachusetts Supreme Judicial Court Holds Parent Corporation Not Liable under Massachusetts Superfund Law for Contamination Caused by Subsidiary

3/25/2008



Energy and Clean Tech Connections (March 2008)

3/19/2008



Addressing Vapor Intrusion

3/17/2008
Susan Phillips
Real Estate Finance and Investment

Environmental Advisory: Addressing Vapor Intrusion

3/3/2008



Energy and Clean Tech Connections (February 2008)

2/22/2008



Energy and Clean Tech Connections (January 2008)

1/17/2008



Environmental Due Diligence for Sale/Leaseback

4/19/2007
Susan Phillips
Chain Store Age

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