Environmental and land use policy decisions directly affect our clients.  Our attorneys understand the intricacies of both existing environmental and land use laws and the legislative process.   Whether seeking to advance a client's own bills or respond to bills proposed by others, we develop an overall strategy to achieve favorable legislative results.  This may involve counseling a client through the legislative process, actively working with legislators and legislative committees, and forming coalitions.  We also represent clients in rulemakings conducted at the national and state levels, including under the Superfund Law, the Clean Air Act, the Clean Water Act, the Federal Power Act, the Safe Drinking Water Act, and state air, natural resource, water, solid waste, land use, and superfund laws.

Representative Experience

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.

Challenge to Municipal Ordinance Preventing Loading of Crude Oil

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.

Development of Template for Municipal Stormwater Compliance

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

On behalf of the European Bank for Reconstruction and Development (EBRD), we drafted a “Green Economy Law” for the Ministry of Economy and Budget Planning in Kazakhstan, which involved an assessment of Kazakhstan’s existing laws in a variety of sectors (including the Environmental Code, the Water Code, the Electricity Law, the Renewable Energy Law, the Tax Code and the Administrative Offences Code), as compared to international best practices for “green principles.” Pierce Atwood and its local lawyers in Astana and Almaty participated in meetings with stakeholders, and then proceeded to develop amendments to 22 laws and their related sub-acts. The final Green Economy Law will introduce green economy principles into Kazakhstan’s legislative framework, based on models taken from countries that are leaders in “green economy” best practices in environmental management, including water usage, waste disposal and management, air emissions, and energy efficiency.

Kazakhstan Transition to a Green Economy

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.

Real Estate Development Organization on Government Relations Issues

Represented a coalition of industrial facilities during legislative and rulemaking processes beofre the Maine Board of Environmental Protection and in the Maine Legislature to substantially change how the state regulates greenhouse gas emissions.

State Greenhouse Gas Legislation and Rulemaking