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Defended former owner of facility against state court action involving cost-recovery claims, toxic tort claims, and diminution in value claims, alleging damages running to millions of dollars.
Successfully represented several large manufacturing facilities that underwent extensive PSD/NSR and Refrigerant (CFC, HCFC) compliance reviews by EPA. These reviews began with EPA information requests seeking large amount of information, in some cases dating back to the 1970s, with respect to virtually every capital project at the facilities and detailed review of compliance with Maine’s EPA-approved State Implementation Plan regulations and EPA’s New Source Performance Standards.
Represented market participants, including Bath Iron Works, Calpine, and Cate Street in ISO-NE markets, providing them representation and advice regarding compliance with market rules.
Pierce Atwood partner Michael Daly successfully represented an insured food processing company in an appeal before the Massachusetts Appeals Court to obtain insurance coverage for accidentally damaging its customer’s product. The appeal turned on the issue of whether an unexplained cause of damage to property constitutes an “occurrence” under a commercial general liability (CGL) insurance policy.
We represented a leading energy provider in mediation of approximately $150 million in related claims by two contractors arising out of a $1.55 billion transmission line construction project. The claims arose from an allegation that environmental compliance on the project was overly restrictive, leading to both delay and significantly increased costs of compliance. After two days of mediation per claim that included presentations by expert witnesses, we resolved the disputes for a fraction of the requested amount.
John Bulman mediated a dispute over an interstate highway construction project between a state department of transportation (DOT) and a regional heavy contractor.
Pierce Atwood represented Mercy Health System of Maine in its consolidation with Eastern Maine Healthcare Systems (EMHS). In addition to the issues involved in any large M&A transaction, including transaction structuring, drafting and negotiation of definitive documents, comprehensive due diligence, and coordination of corporate governance and organizational integration, our team has also dealt with all of the issues inherent in hospital and health system mergers, acquisitions, affiliations, and similar transactions, such as antitrust concerns, HIPAA compliance, medical and executive staff retention and consolidation, benefit plan transition, and the navigation of other relevant federal and state regulatory and licensure issues applicable to the healthcare industry.
Representation of Mercy Hospital in all real estate and transactional aspects, including financing, for the acquisition and development of a major new hospital campus project along the Fore River in Portland, Maine. This project required the assemblage of multiple parcels, negotiating easements and crossings with the Portland Terminal Company railroad, the negotiation with the City of Portland for a special contract zone to accommodate the development, negotiating with the State of Maine DOT for the construction of a new access road connecting I-295 and the riverfront, working with various community groups, such as Portland Trails, to reach a community consensus on the project and incorporating community issues into the project, working with the DEP on wetland remediation and natural wildlife concerns and clearing ancient claims of title and relocation of public roads.
In Georgia, we advised the Ministry of Energy on a variety of issues related to promotion of hydropower investment for export of electricity to Turkey, including an assessment of the legal and regulatory framework for investment in the hydropower sector, drafting of an Information Memorandum for private investors, review of the Market Rules, drafting and negotiation of a Cross-Border Electricity Trade Agreement between Turkey and Georgia which was executed in January 2012, and development of a new market design.