Environment and Energy

Represent major petroleum companies in facilities permitting, development and compliance, including comprehensive air quality permitting, dredging, site remediation, infrastructure improvements and dredging, and stormwater/wastewater management.

Represent major regional wastewater districts and authorities in connection with facility permitting, construction and regulatory enforcement, including Industrial Pretreatment permitting, facility expansion, intermunicipal agreements, stormwater regulation and enforcement litigation. Recent matters include successful resolution of EPA enforcement actions and renegotiation of administrative orders.

Nutter represented a private investment firm specializing in energy infrastructure investments when it sought to purchase two natural gas power plants. Nutter assisted with the due diligence review and negotiation of the purchase and sale agreement. The private investment firm initially engaged Nutter to focus on state environmental, real estate, and energy issues. As negotiations progressed, Nutter advised the firm on tax, labor, employee benefits, and other contractual issues as well.

Represent multiple entrepreneurial energy trading companies and their principal traders in FERC enforcement proceedings involving allegations of market manipulation in wholesale electricity markets. Nutter also regularly advises companies and traders on energy compliance matters.

Acted as Massachusetts permitting counsel for a coastal wind project in connection with financing and capital contributions. Nutter assisted with due diligence and review of permitting with the EFSB, DPU, MEPA, FAA, Chapter 91, Endangered Species and other permitting associated with development of an approximately 800 MW offshore electric generation facility.

Represented a major petroleum company in a Clean Air Act enforcement action, in which EPA sought to enforce Maine air quality regulations under Section 113 of the Clean Air Act. This action involved unusual issues involving the rejection of federal emission factors and the interpretation of federally-approved state regulations as well as complex local issues regarding municipal regulation outside of the Clean Air Act.

Represent petroleum companies in connection with citizen’s suits alleging violations under the federal Clean Water Act.

Served as deal counsel for the acquisition of a 100- acre former petroleum terminal including coastal and waterways permitting, due diligence review, and strategic advice on the ISO-New England interconnection process for the potential siting of an energy facility.

Represent the Woods Hole Oceanographic Institution (WHOI) in the issuance of a first-of-its-kind permit by the US EPA under the Marine Protection, Research and Sanctuaries Act to study novel methods to remove carbon dioxide from the atmosphere.

Advised The City of Haverhill in the administration and enforcement of the Industrial Pre-treatment Program (IPP), the acquisition of property for the permitting of a large public water supply, the remediation closure of a large superfund site owned by the City.

Represented The City of Framingham in a superfund settlement with a former landfill owner. This matter involves the remediation of a large recreational facility in an environmental justice area which must be remediated under the Massachusetts’ superfund regulations.

Represented the Board of Health for The Town of Cohasset during the Board’s review of the site assignment application for the expansion of a private solid waste landfill.

Represented The Town of Southbridge on the largest landfill and the most hotly contested site assignment proceedings.

Represented The City of Taunton regarding over 15 site assignment modifications and other operational and regulatory issues involving the Town owned landfill (operated by a private company under a lease) waste transfer station located in the City.

Represented the Board of Health for the Town of Hudson during the Board’s review of a minor modification application for the expansion of a solid waste transfer facility.

Represented The City of Haverhill in several different matters, including the closure of a landfill designated as a Superfund site.

Represented a Massachusetts Community in defending a citizens’ suit brought by an environmental group alleging violations of the state Clean Waters Act.

Represented a Municipal Client in the leasing and development of solar facilities on former landfills.

This work includes restructuring host community agreements, participation in site assignment and related regulatory proceedings, and representing parties in DEP enforcement actions.

Represented a large development project and negotiated with local and state regulatory agencies for the required state approvals under the Chapter 91 statute.

Represented a landowner and public water supply owner in response to a MassDEP request for information regarding PFAS contamination found in the facility water supply. Our attorneys assisted with MassDEP mitigation efforts and defending the client from unsubstantiated claims while working to identify the responsible parties.

Represent private entities in remediation oversight, hazardous waste enforcement proceedings and settlement negotiations with MassDEP and EPA under c. 21E and CERCLA including Superfund sites in New Bedford and Concord, MA.

Represent renewable energy, battery storage, and other energy companies in permitting and siting approvals, acquisition and expansion of power facilities, and negotiating community and other agreements.

Represented the landowner in an acquisition of a 100-acre former petroleum terminal and development of large battery storage facility on the site, including coastal + waterways permitting, due diligence review, and strategic advice on the ISO-New England interconnection process.

Represented a municipal client in the leasing + development of solar facilities on former landfills.

Represented a developer in submitting a first-of-its-kind bid to the regional grid operator (ISO New England) to build a power transmission line connecting renewable energy in Maine to Massachusetts.