H. Hamilton Hackney III: Lawyer with Greenberg Traurig, LLP

H. Hamilton Hackney III

Boston,  MA  U.S.A.

Peer Rating
AV® Preeminent

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Experience & Credentials Ratings & Reviews

Practice Areas

  • Real Estate
  • Environmental
  • Global Energy & Infrastructure
  • Automotive Dealerships
Contact InfoTelephone: 617.310.6090
Fax: 617.897.0990
University Middlebury College, B.A., cum laude, 1984
Law SchoolUniversity of Utah College of Law, J.D., 1990 Order of the Coif, Articles Editor, Journal of Energy Law & Policy
Admitted1990, Colorado; 1994, Massachusetts; U.S. District Court for the District of Colorado; U.S. District Court for the District of Massachusetts

Professional & Community Involvement

•Board Member, Environmental Business Council New England, Inc., Board of Directors
•Member, The Commercial Real Estate Development Association (NAIOP), Massachusetts Chapter
•Member, American Bar Association, Energy, Environment and Resources Section, Environmental Law Section
•Member, Boston Bar Association, Environmental Law Section
•Member, National Stone, Sand and Gravel Association, Environment and Sustainability Committees
•Board Member, Dedham Polo and Country Club, Board of Governors


Hamilton Hackney has broad experience in the areas of environmental law and commercial real estate. Hamilton represents clients in permit and other administrative proceedings, compliance counseling, enforcement matters, and response cost recovery and property damage actions. His environmental experience includes matters arising under federal, state and local laws relating to asbestos, air and water emissions, hazardous waste, toxic chemicals, tidelands and 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

Awards & Recognition

•Listed, The Best Lawyers in America, Environmental Law; Litigation - Environmental, 2007-2016
•Team Member, U.S. News - Best Lawyers, Best Law Firms Edition, Law Firm of the Year, Environmental Law, 2016
•Listed, Chambers USA Guide, 2005-2015
•Listed, Super Lawyers magazine, Massachusetts Super Lawyers, 2004-2015
•Listed, Who's Who Legal, Environment, 2011-2014
•Recommended, PLC Environment Handbook: Which Lawyer?, 2010-2014
•Team Member, The Legal 500 United States, Top Tier Firm in Real Estate, 2013
•Team Member, a Law360 Real Estate Practice Group of the Year, 2011-2012
•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

AV, BV, AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc., used under in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Associated News & Events

Press Releases

11.03.15 Greenberg Traurig Named 'Law Firm of the Year' for Environmental Law
10.23.15 18 Greenberg Traurig Boston Attorneys Recognized in 2015 Edition of Massachusetts Super Lawyers
10.07.15 Greenberg Traurig Attorneys to Present at AICUM Fall 2015 Symposium
08.24.15 9 Greenberg Traurig Boston Attorneys Listed in 2016 Edition of Best Lawyers in America
06.04.15 Six Greenberg Traurig Boston Attorneys Listed in the 2015 Chambers USA Guide
05.27.15 Greenberg Traurig Environmental Attorneys Named in 2015 Chambers USA Guide
05.22.15 Greenberg Traurig Attorneys, Practices Included in the 2015 Chambers USA Guide
01.27.15 Greenberg Traurig's H. Hamilton Hackney III Elected to the Environmental Business Council (EBC) New England's Board of Directors
11.14.14 Greenberg Traurig's Environmental Practice Receives Top Tier Rankings in U.S. News - Best Lawyers 2015 'Best Law Firms' List
11.07.14 16 Greenberg Traurig Attorneys Included in 2014 Edition of Massachusetts Supers Lawyers

Published Articles

09.02.13 When it Comes to Green Be Careful What You Say


06.19.15 Clean Water Act Jurisdiction Under the Newly Issued Clean Water Rule
04.15.15 Massachusetts Governor Orders Comprehensive Review of State Regulations
06.24.14 Massachusetts Supreme Judicial Court Allows Ballot Question on Gaming Repeal to Proceed
10.11.12 Federal Trade Commission Announces Final Green Guides
08.30.12 New SEC Rules on Conflict Minerals Pose Significant Challenges for Reporting Companies
08.29.12 What You Need to Know About the New SEC Rule Requiring Additional Reporting by Resource Extraction Issuers
10.25.10 FTC Proposes Revised Green Guides
04.13.10 USEPA Region I Issues Draft Stormwater Permit for Commercial Real Estate in Upper Charles River Watershed in Massachusetts
11.12.09 Emerging Issues: Managing Risks Associated with PCBs in Building Caulking
08.19.09 Reading the 'Green' Tea Leaves: FTC Signals Increased Scrutiny of Environmental Marketing Claims

Articles, Publications, & Lectures


•Co-Author, Sixth Circuit Court of Appeals Temporarily Stays Implementation of the Clean Water Rule, GT E2 Law Blog, October 9, 2015
•Co-Author, Clean Water Act Jurisdiction Under the Newly Issued Clean Water Rule, GT Alert, June 19, 2015
•Co-Author, Massachusetts Governor Orders Comprehensive Review of State Regulations, GT Alert, April 15, 2015
•Co-Author, Massachusetts Supreme Judicial Court Allows Ballot Question on Gaming Repeal to Proceed, GT Alert, June 24, 2014
•Author, When It Comes to Being Green, Be Careful What You Say, National Stone Sand and Gravel Review, September/October 2013
•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.

Reported CasesSignificant Representations: Brownfields; Representing residential developer in the acquisition and redevelopment of contaminated industrial site, including negotiating contractual obligations with seller and downgradient property owner and placement of environmental insurance to manage environmental risks.; 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 $650 million 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.; Represented national environmental engineering firm in negotiating a fixed price remediation and contract for coal to gas power plant conversion.; Permitting; Representing casino developer in connection with casino licensing, c.91 and other permitting for redevelopment of a 43-acre waterfront site into a $650 million 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.; Enforcement; Representing multinational bio-pharma company in various compliances and enforcement matters.; 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 more than 35 operating facilities in three states.; Conducted a confidential, multimedia compliance audit at 33 operating facilities across the United States for a multinational corporation.; Litigation; Representing developer in permit appeal seeking to block a multi-use redevelopment project in Cambridge, MA.; Representing multinational imaging company in litigation alleging failure to comply with contractual cleanup obligations.; 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.; Due Diligence; 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; auto dealerships; and various chemical manufacturing and electronics manufacturing facilities.; Energy; 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.

Documents by this lawyer on Martindale.com

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Clean Water Act Jurisdiction Under the Newly Issued Clean Water Rule
Kerri L. Barsh,John V. Chibbaro,Michael G. Cooke,H. Hamilton Hackney,Hayley E. Neal, June 25, 2015
More than 40 years after Congress passed the landmark Clean Water Act, the jurisdictional reach of that statute remains a contentious legal and political issue. By prohibiting the discharge of pollutants to “navigable waters” without a permit, the Act expressly limits its protections to...

Massachusetts Governor Orders Comprehensive Review of State Regulations
Jack S. Gearan,H. Hamilton Hackney, April 17, 2015
On March 31, 2015, the Governor of Massachusetts signed an executive order initiating a comprehensive review of all regulations promulgated by the Executive Department and leaving in place the regulatory pause announced by the Administration earlier in the year. While short in length, this...

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H. Hamilton Hackney III

One International Place
BostonMA 02110


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