Environment & Natural Resources

Sullivan counsels clients across a broad range of environmental matters, including litigation, regulation, project development, remediation and corporate transactions. The breadth of our expertise and the cost-structure of our platform allow us to truly partner with our clients to strategically manage environmental risks and to capitalize on business opportunities.

Drawing on our deep industry, regulatory and transactional expertise, we bring a sophisticated understanding not only of the environmental legal framework but also the practical business implications directly affecting our clients. Sullivan is distinguished by the caliber of its environmental attorneys – which include former U.S. Environmental Protection Agency and U.S. Department of Justice, Environment and Natural Resources Division lawyers – the diversity of environmental and natural resource issues on which we advise and our thought leadership in helping clients adapt to changing market trends. By bringing together environmental practitioners recognized by Chambers USA and Best Lawyers in America for their skills in litigation, regulation and transactions, Sullivan is well-positioned to counsel clients through all stages of environmental matters. Given the global nature of our transactional practice, we routinely advise on cross-border and international issues and collaborate with foreign advisors to address environmental risks. To help devise innovative, tailored solutions, we also leverage the firm’s broader expertise, drawing on our real estate, tax, corporate, securities and energy practices.

Representative Client Work

Litigation & Dispute Resolution

• Represent a manufacturer in an indemnity dispute with prior plant owner regarding remediation of legacy contamination
• Advise consumer products manufacturer regarding legacy liabilities, negotiations with regulatory agencies, remedy implementation and oversight at multi-party sites in New England and Midwest under CERCLA and state laws
• Represent generic agricultural chemical companies entering the U.S. market (including the first Indian and Korean companies to be awarded a technical registration by the U.S. EPA), involving data compensation negotiations and arbitrations, business strategy, and product defense
• Participated in arbitration and advised landowner in settling federal court litigation against lessee to recover costs incurred to remediate PCB contamination
• Advised family farm concerning strategic options in pursuing contractual and statutory claims against logging company that created drainage and access problems on farm property
• Successfully resolved lawsuit by California Public Health Department against laboratory operator seeking injunction to require decontamination and decommissioning of property under radiation control law and Radiologic Health Branch regulations. Based on administrative record developed for client in EPA’s underlying CERCLA proceeding, federal district judge declined to enforce agency’s remedial order, or require that client pay civil penalties or treble damages
• Represented numerous clients in multi-million dollar negotiations and arbitrations addressing the compensation due for reliance upon pesticide data previously filed by competitors with EPA
• Negotiated a substantially reduced settlement payment by auto parts manufacturer to resolve environmental cost recovery litigation with EPA and private entities by demonstrating remedy selected and performed by the agency was based on faulty conceptual site model

Transactional

• Prepared joint portfolio development and finance agreement for solar developer with tax equity investor to fund multiple community solar projects
• Assisted storage company in completing multiple agreements with developers for placement of rooftop solar facilities on client’s warehouses and purchase of power
• Counseled municipality considering offshore wind power purchase, and charter school considering developer’s offer to install solar rooftop facilities, regarding terms of power purchase agreements
• Advised client regarding regulatory and indemnity issues in negotiating agreement for sale of brownfield property
• Handled environmental issues in connection with sale of wire coating business located at a former tannery, including historical site contamination, PFAS, and compliance with European Union REACH and California Proposition 65 requirements relating to use and disclosure of chemicals
• Acted as local counsel for Japanese investor in two Massachusetts power plants including conducting diligence and documentation with respect to Clean Air Act and other environmental and land use compliance, as well as site contamination issues. Evaluated status of Energy Facilities Siting Board approval for proposed plant expansion
• Advised clients on various compliance issues under the federal Clean Air Act and State Implementation Plans
• Represented a coal company in negotiations with state agency to address environmental impacts from legacy mining operations
• Represented a real estate developer in connection with indemnity dispute regarding costs to address legacy site contamination
• Negotiated a substantially reduced settlement payment by auto parts manufacturer to resolve environmental cost recovery litigation with EPA and private entities by demonstrating remedy selected and performed by the agency was based on faulty conceptual site model
• Advised client in connection with acquisition of a shipyard business as to environmental compliance including diligence with respect to site contamination and regulatory compliance issues, and documentation for the transaction
• Represented foreign real estate investment trust in connection with environmental issues related to its initial U.S. acquisition involving 30-property portfolio, including sites subject to an environmental consent decree. Advised as to requirements and liabilities under U.S. and local environmental law
• Handled environmental issues for borrower in connection with financing for 180 industrial properties in Hawaii. Developed plan to identify and resolve environmental issues to lender's satisfaction and negotiated environmental indemnity agreement
• Acted as local counsel for buyer of Boston-area automobile dealerships regarding post-closing environmental issues arising under the purchase and sale agreements
• Reviewed environmental contamination and regulatory compliance issues for investor in industrial mushroom-growing business

Regulatory

• Advise property owner in fulfilling remediation requirements in Consent Judgment with New York State Department of Environmental Conservation and New York City Department of Environmental Protection
• Brief clients on impact of new Administration’s environmental and energy priorities and policies
• Advise clients on risk mitigation strategies to address initiatives of EPA and states concerning PFAS and other emerging contaminants
• Counseled government remedial contractor in addressing regulatory issues under TSCA and state law in demolition of military facility
• Negotiated consent order in state pesticide enforcement matter, which included a significantly reduced penalty and a precedential environmental benefit project to underwrite the collection and environmentally sound disposal of waste pesticides
• Successfully directed client’s vapor intrusion study required by EPA in environmental justice matter, including negotiating work scope and supervising consultant
• Designed and supervised audit of pesticide compliance for client holding more than 100 pesticide registrations
• Collaborated with technical consultant to obtain modifications in manufacturer’s NPDES permit to achieve compliance with effluent limits
• Advised owner of office building as to regulatory requirements relating to asbestos notifications to tenants
• Advised owner of former industrial site, which had previously received “no further action” determination for historic environmental contamination, regarding request by Massachusetts Department of Environmental Protection to evaluate potential trichloroethylene contamination under new, more restrictive standards
• Analyzed potential impact of Rivers Protection Act on proposed redevelopment of former mill property in western Massachusetts
• Advised developer client concerning chapter 91 waterways licensing, Municipal Harborplan amendment, Massachusetts Environmental Policy Act  (MEPA) compliance, and other environmental permitting issues for mixed-use project  on Boston Harbor. Worked with environmental consultant on Massachusetts Contingency Plan compliance. Prepared environmental opinion for project financing and negotiated environmental indemnity agreements