Adam has almost 20 years of broad experience in environmental and energy law matters with exceptional proficiency in renewable and conventional energy, project permitting, land use/development, and Brownfields redevelopment. Corporate, institutional, and government clients have benefited from Adam's considerable experience in environmental disputes; compliance and transactions; siting, permitting, and development of complex energy facilities and other commercial and industrial operations; and the remediation and reuse of contaminated property. Adam is a lead member of the firm's Energy Technology & Renewables practice group. He frequently counsels clients on emerging issues from climate change and greenhouse gas regulation to environmental sustainability and corporate social responsibility. Along with his extensive national practice, Adam actively works in the arena of international environmental law, including representing clients on environmental matters before the International Court of Justice. In addition to maintaining an active practice, Adam serves as Co-Managing Partner of Foley Hoag and is a member of the firm's Executive Committee. He is the immediate past coordinator of Foley Hoag's environmental practice group and chair of the firm's Administrative Law Department, which includes environmental, energy and regulated industries, health care, government strategies and public law practice groups. Representative Experience The following is a brief summary of Adam's experience and accomplishments: · Litigation and Enforcement Experience
- Successfully defended the Republic of Uruguay in an environmental challenge brought by Argentina in the International Court of Justice regarding the construction of pulp mills on the River Uruguay. Pulp Mills on the River Uruguay (Argentina v. Uruguay)
- Represents the Republic of Ecuador in an action pending in the International Court of Justice regarding aerial spraying of herbicide without adequate precautions. Case Concerning Aerial Herbicide Spraying (Ecuador v. Columbia)
- Represents a sovereign state in an ICSID arbitration regarding environmental issues associated with gold mining
- Represents a party in enforcement actions brought by the Department of Justice involving air emissions from two biomass plants in California
- Represents the owners of hydroelectric facilities in the northeastern United States against citizen suits alleging that the facilities violated the federal Endangered Species Act
- Represents the owner of a chemical manufacturing facility in the southeastern United States with regard to recovery of remediation costs from prior owners and operators
- Represented the owner of a coal-fired power plant in the northeastern United States with regard to a citizen suit alleging violations of air emissions regulations
- Represented a municipality in defending its wastewater discharge permit at the Federal EPA Environmental Appeals Board
- Defended operators of institutions and industrial facilities, including recycle and virgin paper mills; asphalt, aggregate and concrete manufacturers; power plants; chemical manufacturing facilities; communications facilities; electronics manufacturers; medical device manufacturers; and others against enforcement actions brought by state and federal environmental agencies, Attorneys General, and the United States Department of Justice
- Successfully appealed Title V operating permit conditions for two industrial and electric power generating facilities in New York State
- Obtained the dismissal of claims against the owner of a 300 MW cogeneration facility relating to alleged violations of air emissions permits
- Successfully challenged the denial of air emission reduction credits by a state environmental agency
- Obtained a favorable decision on behalf of a chemical manufacturer in defense of environmental remediation cost recovery and property damage claims. Mystic Landing v. Pharmacia, Inc., 417 F. Supp. 2d 120 (D. Mass. 2006)
- Secured the disputed tax exempt status for a regional land bank commission. Martha's Vineyard Land Bank Comm'n v. Bd. of W. Tisbury, 62 Mass. App. Ct. 25 (Mass. App. Ct. 2004)
- Successfully defended local and state approvals allowing the construction of such projects as a controversial public high school, a high technology corporate campus and a private golf club. Clifford v. City of Everett, No. 03-4339 (Mass. Super. Ct. 2004), White Pine, LLC v. Massachusetts DEP, No. 99-5758 (Mass. Super. Ct. 2001), and Fitzgerald v. Vincent, No. 2001-02 (Mass. Super. Ct. 2001)
- Represents numerous clients in multi-party superfund enforcement and litigation actions · Energy Facility Experience
- Represents a developer in siting, permitting, and related litigation for a proposed 47 MW biomass facility
- Successfully represented the developer of a 360 MW combined cycle-electric generating plant in obtaining all required approvals; regularly advise owners and operators of numerous other power plants in compliance and enforcement matters
- Advised owners of approximately 25 coal, oil and natural gas fired electric power generating stations in nine states of obligations under state and federal air pollution requirements, including acid rain, New Source Review and Title V
- Successfully represented a Canadian owner of hydroelectric facilities obtain approvals for a major expansion of a 600 MW pumped storage generating facility
- Represents the owners of a 1,000 MW hydroelectric facility on the environmental aspects of a FERC relicensing process
- Represented owners of a power plant in the northeastern United States with regard to an EPA review of thermal emissions and entrainment/impingement issues under the Clean Water Act
- Successfully appealed a Title V air permit issued to a 345 MW cogeneration facility located in New York State
- Represented multiple power plants in New Source Review related investigations and enforcement actions
- Represents operator of waste-to-energy facilities in environmental compliance matters
- Represents developers of renewable energy facilities fueled by landfill gas in acquisition, development, and enforcement actions
- Provides siting and permitting advice to a facility designed to convert food waste into biofuels
- Represents clients with respect to the creation and sale of carbon and emission-related credits
- Represents owners of distributed generating, emergency backup, small hydroelectric and cogeneration facilities in permitting, compliance and enforcement actions · Permitting, Compliance, and Brownfields Redevelopment
- Prepared environmental policies and supervised compliance and "beyond compliance" audits for industrial, energy, academic, and institutional clients
- Advised clients on strategies for compliance with the International Finance Corporation's Environmental and Social Standards, a benchmark for sustainable industrial and infrastructure projects in the developing world
- Represented Massachusetts Development Finance Agency with respect to remediation and redevelopment of the former Fort Devens
- Represented municipalities development authorities in Chelsea, Everett, Worcester, Springfield and Malden, Massachusetts in the acquisition, remediation, sale and redevelopment of former industrial properties for school, medical, residential, commercial, park and industrial use
- Advised the Massachusetts Bay Transportation Authority with respect to the permitting of the Greenbush Commuter Rail Line in metropolitan Boston
- Represented the Massachusetts Development Finance Agency in the siting of a $1.1 billion pharmaceutical manufacturing facility at the former Fort Devens
- Obtained permits for construction of a new recycle paper mill and for a significant expansion of a major textile manufacturing facility in New Hampshire
- Assisted developer of a 900,000 sq. ft. high tech office complex and recreational facility obtain needed endangered species, MEPA, and wetlands approvals
- Obtained environmental permits for Vineyard Golf Club (Edgartown, MA) and The Bay Club of Mattapoisett (MA)
- Represents owners of commercial and industrial property and businesses with respect to due diligence and transactional matters associated with environmental compliance, environmental remediation, and related matters
- Represented municipalities, manufacturers, and institutions with respect to regulatory closure of solid waste facilities
- Counseled energy and industrial corporations with respect to sustainability, environmental corporate social responsibility Professional / Civic Involvement · Boston Bar Association: International Environmental Law Committee, Chair (2009 - 2011); Hazardous and Solid Waste Committee, Chair (1999-2000); Clean Air Committee, Chair (2000-2003); Steering Committee of Environmental Law Section (1999-2004) · Lex Mundi, Environmental Law Group, Firm Representative · Massachusetts Bar Association, Member · American Bar Association, Member · Brookline Conservation Commission, Commissioner (1999 to 2007) Speeches And Conferences · Frequent speaker on a variety of environmental and energy matters. Industries Energy Technology and Renewables Energy and Regulated Industries Healthcare Real Estate/Land Use & Development Honors/Awards Ranked in "Band 1" by CHAMBERS USA: AMERICA'S LEADING LAWYERS FOR BUSINESS as one of Massachusetts' Leading Environmental Lawyers Listed in THE BEST LAWYERS IN AMERICA "Leading" practitioner in PRACTICAL LAW COMPANY, PLC CROSS-BORDER ENVIRONMENTAL HANDBOOK Listed in MASSACHUSETTS SUPER LAWYERS Related Professional Experience Worked as a scientist at Environ Corporation prior to law school |