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We represented a major out-of-state developer in the due diligence, acquisition, remediation and redevelopment of idle and contaminated properties in Lewiston, Maine. This work included obtaining liability protection for the client under the State’s Voluntary Response Action Program and preparation of an environmental covenant. The site is now back in productive use as new retail store, gas station and car wash.
We represent a major developer in the acquisition and redevelopment of an idle, contaminated former Maine DOT maintenance facility. This work has included obtaining liability protection for the client under the State’s Voluntary Response Action Program and preparation of an environmental covenant. The 10+ acre property is now redeveloped and the site of large office buildings employing hundreds of workers.
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.
Represented Sappi’s Somerset Mill in successfully obtaining state air and land use permits for its $165 million rebuild of its No. 1 Paper Machine to manufacture consumer packaging products.
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.
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.
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.
Represented 16-member performing party group at Superfund site in New Hampshire with various USEPA and NHDES compliance issues, including the planning, drafting, negotiation and execution of environmental covenants as part of a water line extension.
Represented multiple large clients at the Wells, Maine Waste Oil site as lead PRP counsel and Chair of Steering Committee in case with over several hundred participating PRPs. Nationally recognized innovative cash out settlement with state, involving property and liability transfers, insurance protections, and toxic tort protections. Continuing to represent the entity that completed the cleanup and manages the site post-closure, including addressing financial assurance matters.