Project Planning & Strategic Advice

We counsel clients beginning with initial identification of the issues and formulation of a permitting team and strategy, through agency negotiations and public administrative hearings and, if necessary, in administrative and judicial appeals.

Environmental Management & Audits

We assist clients in developing and implementing management systems to ensure that personnel are knowledgeable about environmental matters, seek continually to achieve compliance, and will respond properly in the event of any noncompliance.

We have developed a program of environmental audits for clients who desire a legal review of their operations and practices to determine compliance with federal and state laws.  This program includes procedures, checklists, information requests, and letters that are designed to allow us to efficiently review legal compliance and make recommendations.

If a regulatory agency initiates an enforcement action, we help clients obtain an efficient and effective resolution.

Waste Management

Everyday commercial and residential activity generates waste.  The management of this waste is highly regulated and often scrutinized by the public and third-party groups.  We routinely assist clients that manage waste, whether solid or hazardous, with facility permitting, compliance, and, when necessary, defense of their permits.

Representative Experience

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.

Boatyard in Response to EPA Information Request

Represent the largest egg farm in northern New England on all environmental issues at multiple farm sites.

Egg Farm Environmental Issue Spotting

Represented ENPRO on various aspects of commercial hazardous waste storage facilities, and also arranged financial assurance for several hazardous waste storage facilities in New England.

ENPRO Hazardous Waste Storage Facilities

Represented FMC’s Rockland, Maine manufacturing facility, the largest producer of carrageenan in North America, on environmental permitting, counseling, compliance, and strategic matters. Carrageenan is a natural colloid extracted from seaweed; it is used in many health care and food products, including toothpaste, pharmaceutical tablets, ice cream, bakery mixes, processed meat products, and beverages.

FMC Carrageenan Production

Represent the Maine Forest Products Council, the state's only trade association representing Maine timberland owners, forest products companies, and related suppliers, on environmental, land use, forestry, commercial, tax, and antitrust issues.

Forest Products Trade Association Environmental & Other Issues

We represent Fox Islands Wind LLC, the developer and operator of an innovative island community wind project, in all aspects of its business, including environmental permitting, real estate, litigation, corporate, and compliance matters.

Fox Islands Wind General Representation

Pierce Atwood serves as national coordinating counsel on all environmental matters for a pulp and paper company with operations in New England, the Midwest, and the Mid-Atlantic. This role involves providing regular advice and counsel on issues such as compliance strategies for air emissions regulations, such as boiler MACT and BART, managing a potential river re-designation that could cost hundreds of millions of dollars in compliance costs, permitting a secure vault for storage of hazardous waste, and advising the company on day-to-day operations issues about issues ranging from management of contaminated soils to stormwater compliance. In this capacity, we work closely with company lawyers, corporate environmental staff, and environmental staff from each individual mill, as well as local counsel in various jurisdictions.

National Coordinating Counsel on Environmental Matters for Pulp & Paper Company

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.

PRP Counsel for Superfund NPL Site in Plymouth, ME

Represent several pulp and paper mills with compliance inspections under Maine’s Multi-Sector General Permit for industrial facility stormwater discharges.

Pulp and Paper Mills Stormwater Compliance Inspections

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.

RCRA Corrective Action Sites

We represented Madison Paper Industries, a major pulp and paper company, in all corporate, environmental, and real estate aspects of the sale of all of its remaining Maine assets in three separate transactions to three different, unrelated parties. Facilities sold included pulp and paper production facilities, hydropower facilities, and a closed solid waste landfill.

Sale of Pulp & Paper Manufacturer’s Assets