Hamilton Hackney has broad experience in the areas of environmental law and commercial real estate. Hamilton represents clients in response cost recovery and property damage actions, permit and other administrative proceedings, compliance counseling, and enforcement matters. His environmental experience includes matters arising under federal, state and local laws relating to asbestos, air and water emissions, hazardous waste, toxic chemicals, wetlands, stormwater, endangered species, environmental impact review, underground storage tanks, solid waste and land use matters.
Hamilton regularly advises corporate, real estate and private equity clients with respect to investigating and managing environmental liabilities arising from corporate and real estate transactions, including the purchase, sale and redevelopment of contaminated real estate under state and federal Brownfields programs.
Areas of Concentration
· Commercial real estate transactions
· Land development
· Energy and natural resources
· Climate change
Professional & Community Involvement
· Board of Governors, Dedham Polo and Country Club
· Chair, The Commercial Real Estate Development Association (NAIOP), National Environment and Infrastructure Subcommittee
· Member, American Bar Association, Energy, Environment and Resources Section, Environmental Law Section
· Member, Association of Watershed and Stormwater Professionals
· Member, Boston Bar Association, Environmental Law Section
· Member, National Stone, Sand and Gravel Association, Environment and Sustainability Committees
Awards & Recognition
· Listed, The Best Lawyers in America, Environmental Law; Litigation - Environmental, 2007-2014
· Team Member, The Legal 500 United States, "Top Tier" Firm in Real Estate, 2013
· Listed, Who's Who Legal, Environment, 2011-2013
· Listed, Chambers USA Guide, 2005-2013
· Team Member, a Law360 "Real Estate Practice Group of the Year," 2011-2012
· Recommended, PLC Environment Handbook: Which Lawyer?, 2010-2012
· Listed, Super Lawyers magazine, Massachusetts Super Lawyers, 2004-2012
· Member, Winning Team, Chambers USA Award for Excellence, Real Estate, 2010
· Recipient, "President's Award," NAIOP, Massachusetts Chapter, 2010
· Recipient, "Public Affairs Award," NAIOP, Massachusetts Chapter, 2004, 2009
· Rated, AV Preeminent® 5.0 out of 5
· Representing the purchaser of 1, 000 + acre federal facility Superfund site in connection with negotiating cleanup obligations with the Department of Defense, the local redevelopment authority, and state and federal agencies.
· Representing a casino developer in connection with redeveloping a waterfront manufactured gas plant and bulk oil storage facility as a resort casino.
· Negotiated the portfolio sale of contaminated manufacturing sites to national Brownfield developer.
· Negotiated the purchase of Brownfield property from national Brownfield developer, including restructuring of post-closing obligations following seller's bankruptcy.
· Representing casino developer in connection with c.91 and other permitting for redevelopment of a 43-acre waterfront site into a resort casino.
· Represented municipality in securing permits and funding for multi-phase, multi-jurisdiction linear flood mitigation project.
· Secured local, state and federal wetlands permits for multi-acre wetlands filling/restoration project for 170, 000 square-foot office/warehouse development.
· Secured state and federal approvals for crossing over endangered species and vernal pool habitat for 100-acre industrial development project.
· Represented project proponents and affected parties in various environmental impact review proceedings under the Massachusetts Environmental Policy Act, including securing $5 million in mitigation benefits following a judicial challenge of a Final Environmental Impact Report.
· Represented a multinational construction materials producer in a seven-site, multimedia enforcement matter.
· Represented a multinational construction materials producer in one of the largest federal stormwater/SPCC enforcement cases to date involving over 35 operating facilities in three states.
· Conducted a confidential, multimedia compliance audit at 33 operating facilities across the United States for a multinational corporation.
· Represented a multinational imaging company against claims arising from chlorinated solvent impacts to public water supply.
· Defended a multinational chemical company against claims for unfair and deceptive trade and business practices under Massachusetts General Laws chapter 93A arising from contamination on properties leased by the defendant.
· Obtained dismissal of Superfund contribution claims against individual and corporate defendants based on "useful product" defense for zinc flue dust. State of New York v. Solvent Chemical Co., Inc., 225 F. Supp.2d 270 (W.D.N.Y.), motion for reconsideration denied (2002).
· Represented a property owner seeking to recover a multimillion-dollar property damage claim under Massachusetts General Law's chapter 21E. Taygeta Corp. v. Varian Associates, Inc., 436 Mass. 217 (2002).
· Defended a regional planning agency against a regulatory takings claim following the denial of a development permit for a sand and gravel strip mine. Daddario v. Cape Cod Commission, 425 Mass. 411 (1997).
· Defended a railroad against cost recovery and natural resource damage claims arising from a derailment and chemical spill into a renowned trout fishery.
· Conducted environmental due diligence for purchasers, sellers, investors and lenders in a wide range of corporate and real estate transactions, including: scrap metal recycling business located in three states; 50 agricultural facilities in California; one million square-foot industrial facility; 25 trucking facilities throughout the United States; marinas; a hotel built over a former Navy oil storage facility; water desalinization plant; lumber yards; and various chemical manufacturing and electronics manufacturing facilities.
· Advised client on Energy Facility Siting Board jurisdictional issues for proposed renewable energy project and associated transmission line.
· Represented purchasers in connection with the purchase and disassembly of two power plants and relocation to Central America.
· Advised municipal client with respect to contractual obligations under "take or pay" contracts for waste to energy plant.
· Advised merchant generator with respect to its supplier status for a regional ISO.
· Analyzed the obligations of a regional ISO to accept electricity from a proposed off-shore wind project and other regulatory issues affecting project feasibility.
· Secured operating permits for a steam cogeneration facility.
Publications & Presentations
Articles, Lectures & Publications
· Quoted, "Water Pollution: Greens petition 3 EPA regions to set stormwater rules for developed property," Environment & Energy Publishing, July 10, 2013
· Quoted, "Water Pollution: Why is EPA taking so long to write a stormwater rule? It's complicated," Environment & Energy Publishing, July 5, 2013
· Co-Author, "Citizens Suits under the Clean Water Act: The Enforcement Wild Card," Stone, Sand and Gravel Review, September/October 2012
· Author, "Managing Risks of PCBs In Building Caulking," Law360, December 21, 2009
· Author, "EPA's Policy Encourages New Owners to Disclose Environmental Violations," Stone, Sand and Gravel Review, September/October 2009
· Author, "New Law Calms Waters for Tidelands Development," Boston Business Journal, January 18, 2008
· Quoted, "Hire Help to Limit Exposure to Environmental Issues," Boston Business Journal, April 20, 2007
· Author, "Liability, Natural Disasters Bring Mold Back to the Fore," Boston Business Journal, February 3, 2006
· Author, "Judges Rule Against Local Boards in Permitting Disputes," Boston Business Journal, 2004
· Author, "Risk Management is Best Tactic Absent Regulatory Standards," Boston Business Journal, 2004
· Author, "DIF Bill Provides Development Tool for Down-Market Areas," Boston Business Journal, 2003
· Author, "Did CERCLA Usurp State Law's Traditional Standards for Piercing the Corporate Veil?" Environmental Reporter, December 6, 2002
· Author, "Bogged Down in Wetlands Appeals: Proposal for Reform," Boston Bar Journal, November/December, 2001
· Author, "Questions of Intent: Environmental Crimes and 'Public Welfare Offenses,'" Villanova Environmental Law Journal, 1999
· Author, "Recent Congressional Proposals for Providing Relief to the Domestic Uranium Industry: Saving Grace or Just Another Expensive Bailout?" Journal of Energy Law & Policy, 1990
Hamilton lectures on a wide range of environmental topics for the MIT Center for Real Estate, Massachusetts Continuing Legal Education, Executive Enterprises, Boston Bar Association, CLE International, NAIOP, National Brownfield Association, Northeast Economic Development Association, NAEM, National Stone, Sand and Gravel Association, Associated Industries of Massachusetts, Environmental Business Council, and Law Seminars International.