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Pierce Atwood, along with Eimer Stahl LLP, represented Citgo Petroleum Corp. as one of the defendants in State of Rhode Island v. Atlantic Richfield Co. et al., case number 1:17-cv-00204, in the U.S. District Court for the District of Rhode Island. In April 2022, Citgo, Shell Oil Co. and Sunoco Inc., agreed to pay a combined $15 million settlement to resolve Rhode Island's claims against the companies, without admitting to the state's allegations.
We defended Grimmel Industries, L.L.C., owner of a scrap yard in Portsmouth, NH, against an administrative enforcement action brought by the U.S. Environmental Protection Agency for alleged violations of the federal stormwater requirements under the Multi-Sector General Permit for Industrial Activities. This matter involved negotiating a consent agreement and a substantial supplemental environmental project with The Nature Conservancy.
Pierce Atwood represented the City of Somersworth, New Hampshire, in the development of a major solar photovoltaic (PV) installation on the 26-acre Somersworth Sanitary Landfill Superfund Site, including negotiation of a Payment in Lieu of Taxes agreement and ground lease. The energy produced by this project will be sold to the City under the state’s group net-metering program, resulting in both economic and environmental benefits. The project will be New Hampshire’s first solar array located on a former Superfund Site. Ameresco, Inc., a renewable energy asset developer, owner and operator, is developing the project.
Served as lead counsel on state and local licensing of a new 1,000 ton-per-day solid waste transfer station and construction and demolition debris processing facility approved after contested adjudicatory hearings before the Maine Board of Environmental Protection and City of Westbrook.
Representation of Southbridge Business Center in connection with 15-year oversight of 3.2 MW combined cycle electric/ steam/hot water/chilled water system for plant landlord and owners of serviced hotel and industrial park. Managed successful workout when plant operator failed.
We successfully advocated for the enactment of legislation to improve the Business Equipment Tax Exemption and avoid cuts to the Business Equipment Tax Reimbursement and Pine Tree Zone programs.
We represented Poland Spring in Maine on all permitting matters for new spring sites in Rumford and Lincoln. This included obtaining state and federal land use and environmental approvals for water extraction and wetland impacts, acquiring land rights, and negotiating water supply agreements. Pierce Atwood also provides real estate due diligence, and transaction work and governmental relations for Poland Spring in Maine.
Reviewed and updated a general contractor’s standard form of subcontract, purchase order, and supply contract for its Rhode Island public works projects.
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.