Jeff heads the firm’s Environment & Natural Resources Practice Group. He assists clients in resolving complex regulatory matters and high-stakes business disputes, and engaging in cutting-edge transactions that involve the intersection of law, science and technology.
Jeff represents clients on a full range of environmental issues under federal and state laws, including advising on regulatory compliance, contaminated property and remediation matters, due diligence in property and corporate transactions, government investigations and enforcement actions. He also has extensive litigation experience, both on the government side and in private practice, and has an impressive track record of resolving disputes short of litigation, both with respect to claims arising under a wide range of federal and state laws, and those involving private party transactions.
Jeff also advises a variety of clients seeking to participate in water, renewable energy, and clean technology transactions. He has substantial experience assisting clients in addressing legal, contractual, and regulatory issues arising during the development of infrastructure projects, including obtaining government authorizations and negotiating project agreements.
Before entering private practice, Jeff served as an environmental prosecutor at the U.S. Department of Justice, where he litigated and supervised enforcement cases involving a variety of environmental laws.
Jeff is a regular contributor to the firm’s Environment and Energy Insights blog.
Representative Client Work
Transactional
- Assist investment management company in preparing private placement memorandum for a climate mitigation fund focusing on carbon sequestration and developing forestry projects to generate carbon credits
- Advised lender on terms of additional protective documentation to be obtained in exchange for borrower-landlord allowing tenant to enter power purchase agreement with solar developer
- Advised developer of affordable housing project of issues to consider in proposed solar power purchase agreement, and related Massachusetts regulatory requirements
- Prepared joint portfolio development and finance agreement for solar developer with a tax equity investor to fund multiple 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
- Prepared commercial contracts for EPC in export credit finance transaction to purchase, operate and maintain power plant for mining project in East Africa
- Led team that provided transactional and regulatory advice to, and performed due diligence for, international EPC considering joint venture with Israeli company to place utility-scale solar thermal plant in Negev Desert
- Counseled private equity firm on environmental laws in developing exit strategy from waste recovery facility investment
Regulatory
- Advise property owner in fulfilling remediation requirements in Consent Judgment with New York State and City environmental agencies
- Brief clients on Biden 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
- Advised provider of radiological laboratory services on complying with California’s radiation control law and regulations
- Assisted construction company in responding to U.S. EPA Show Cause Order and Notice of Non-Compliance regarding TSCA Lead-Based Paint Rule
- Collaborated with technical consultant to obtain modifications in manufacturer’s NPDES permit to achieve compliance with effluent limits
- Successfully oversaw vapor intrusion study required by U.S. EPA in environmental justice matter
- Represented manufacturer in EPA's CERCLA administrative proceedings, including preparing public comments, challenging the agency’s issuance of Order requiring performance of selected site remedy, and advising on remediation and risk mitigation strategies
- Counseled consumer products manufacturer regarding federal and state requirements governing marketing of “green” products
Litigation & Dispute Resolution
- Advise manufacturer in an indemnity dispute with prior plant owner regarding remediation of legacy contamination
- Represent 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
- Participated in mediation 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 state radiation control law and regulations
- Participated in mediation and advised client on risk management issues regarding liability and allocation among parties in federal court CERCLA litigation
- Based on administrative record developed for client in EPA’s CERCLA proceeding, federal district judge declined to enforce agency’s remedial order, or require that client pay civil penalties or treble damages
- Advised indemnitor in developing defense strategy, answering multiple federal court complaints, identifying expert witnesses, and fulfilling disclosure and discovery requirements in homeowners’ environmental justice property damage cases
- Negotiated a substantially reduced settlement payment by auto parts manufacturer to resolve CERCLA cost recovery litigation with EPA and private entities by demonstrating remedy selected and performed by the agency was based on faulty conceptual site model
Bar & Court Admissions
- District of Columbia
- U.S. District Court, District of Columbia
- U.S. District Court, Western District of Michigan
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- Supreme Court of the United States
Education
- J.D., Antioch School of Law
- B.A., magna cum laude, Brandeis University
Awards & Honors
- Best Lawyers in America®, recognized in Environmental Law (2016-2023)
- Chambers USA, Recognized Practitioner in Environment, District of Columbia (2015)
- Super Lawyers, Environmental Litigation, Washington, D.C. (2013-2022)
- The Legal 500 U.S., Finance: Project Finance - advice to sponsor; (2018) Industry Focus: Environment - Transactional (2018-2022)
- United States Department of Justice, Special Achievement Award (October 1989)
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Environment+Energy LeaderFebruary 1, 2023
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Environment+Energy LeaderJanuary 18, 2023
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Environment+Energy LeaderJanuary 11, 2023
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Thomson Reuters Practical LawNovember 30, 2022
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Environment & Energy InsightsOctober 27, 2022
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Environment & Energy InsightsSeptember 28, 2022
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Environment & Energy InsightsSeptember 1, 2022
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Environment & Energy InsightsAugust 15, 2022
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Environment & Energy InsightsAugust 1, 2022
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Environment & Energy InsightsJuly 12, 2022
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Environment & Energy InsightsJuly 7, 2022
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Thomson Reuters Practical LawJuly 1, 2022
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Press ReleaseJune 8, 2022
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Thomson Reuters Practical LawMay 11, 2022
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Law360April 28, 2022
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Environment & Energy InsightsMarch 16, 2022
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Chapter in MCLE's Organizing, Financing, and Advising a Massachusetts BusinessesFebruary 17, 2022
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Law360, QuotedFebruary 11, 2022
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Environment & Energy InsightsFebruary 4, 2022
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Client AlertJanuary 31, 2022
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Environment & Energy InsightsDecember 27, 2021
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Environment & Energy InsightsNovember 19, 2021
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Client AlertNovember 10, 2021
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Environment & Energy InsightsOctober 25, 2021
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Environment & Energy InsightsOctober 4, 2021
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Financier WorldwideOctober 2021
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Environment & Energy InsightsSeptember 22, 2021
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Environment & Energy InsightsSeptember 21, 2021
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August 26, 2021
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Environment & Energy InsightsJuly 19, 2021
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Environment & Energy InsightsJuly 8, 2021
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Environment & Energy InsightsJune 23, 2021
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Environment & Energy InsightsJune 14, 2021
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Press ReleaseJune 9, 2021
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Environment & Energy InsightsMay 18, 2021
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Environment & Energy InsightsApril 27, 2021
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Environment & Energy InsightsApril 13, 2021
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Supreme Court to Again Consider the Interplay Between a CERCLA Cost Recovery and Contribution ActionIADC Toxic & Hazardous Substances Litigation Committee NewsletterMarch 1, 2021
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Corporate Disclosures of Climate-Related Risks and Pursuit of Sustainability and Climate CommitmentsFinancier Worldwide MagazineJanuary 1, 2021
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IADC Toxic & Hazardous Substances Litigation Committee NewsletterNovember 1, 2020
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Client AlertSeptember 2, 2020
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Bloomberg Law, QuotedJuly 31, 2020
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Bloomberg Law, QuotedJuly 15, 2020
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Press ReleaseJune 10, 2020
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IADC Toxic & Hazardous Substances Litigation Committee NewsletterMay 2020
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Client AlertApril 30, 2020
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IADC Toxic & Hazardous Substances Litigation Committee NewsletterJanuary 10, 2020
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Bloomberg Environment, QuotedJanuary 8, 2020
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Environment & Energy InsightsJanuary 3, 2020
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Environment & Energy InsightsNovember 19, 2019
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Law360November 14, 2019
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Practical Law Finance Thomson Reuters WestlawOctober 8, 2019
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Financier WorldwideOctober 1, 2019
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IADC Toxic and Hazardous Substances Litigation Committee NewsletterOctober 1, 2019
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Sullivan Press ReleaseMay 30, 2019
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The Washington Post MagazineApril 23, 2018
Seminars & Presentations
- EBC New Hampshire Webinar: Managing PFAS in Soil – Key Technical & Regulatory Issues
Environmental Business Council New England, Inc. (EBC) (March 2, 2021) - Application of the Divisibility Defense to Liability Under CERCLA
Integral Consulting, Inc. (December 7, 2018) - 2018 Environmental Law Career Panel
Georgetown University Law Center (November 5, 2018) - Environmental and Energy Regulatory Update
Roux Associates, Woburn, MA (October 12, 2017) - Environment & Energy Updates
Partners Engineering Real Estate Lenders Roundtable, Boston, MA (September 27, 2017) - View from the Potomac — The First 150 Days: The New Administration’s Impact on Environmental and Energy Policy
Webinar Presentation for Ramboll Environ (June 15, 2017) - Recent Developments in U.S. Environmental and Energy Policy
Japan Electric Power Information Center, Washington, D.C. (June 8, 2017) - Corporate Procurement of Renewable Energy
Client Presentation (June 2, 2017) - View from the Potomac - The First 100 Days: The New Administration's Impact on Environmental and Energy Policy
GZA Geotechnical, Inc., Norwood, MA (May 31, 2017)