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 issues.
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
· Environmental
· Commercial Real Estate Transactions
· Land Development
· Energy and Natural Resources
· Climate Change
Significant Representations
· Brownfields:
- 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.
- Negotiated portfolio sale of contaminated manufacturing sites to national brownfield developer.
- Negotiated purchase of brownfield property from national brownfield developer, including restructuring of post-closing obligations following seller's bankruptcy.
· Permitting:
- Represented municipality in securing permits and funding for multi-phase, multi-jurisdiction 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:
- Represented a multi-national construction materials producer in a seven-site, multi-media enforcement matter.
- Represented a multi-national 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, multi-media compliance audit at 33 operating facilities across the United States for a multi-national corporation.
· Litigation:
- Represented a multi-national imaging company against claims arising from chlorinated solvent impacts to public water supply.
- Defended a multi-national 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.), mot'n for reconsid. denied (2002).
- Represented a property owner seeking to recover a multi-million property damage claim under Massachusetts General Laws 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 stripmine. 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; 1 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.
· Energy:
- 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 proposed off-shore wind project and other regulatory issues affecting project feasibility.
- Secured operating permits for a steam cogeneration facility.
Professional & Community Involvement
· Member, Association of Watershed and Stormwater Professionals
· Member, American Bar Association, Energy, Environment and Resources Section (Environmental Law Section)
· Chair, NAIOP National Environment and Infrastructure Subcommittee
· Member, National Stone, Sand and Gravel Association
· Member, Boston Bar Association, Environmental Law Section
· Board of Governors, Dedham Polo and Country Club
Awards & Recognition
· Listed, Who's Who Legal: Environment (2011)
· Team Member, Law360 "Real Estate Practice Group of the Year" (2011)
· Recommended, PLC Environment Handbook: Which Lawyer? (2010-2011)
· Listed, The Best Lawyers in America (2007-2011)
· Listed, Chambers USA Guide, National - Real Estate Law (2005-2011)
· Listed, Super Lawyers magazine, Massachusetts Super Lawyers (2004-2011)
· Member, Winning Team, Chambers USA Award for Excellence, Real Estate (2010)
· Recipient, "President's Award" (for continued advocacy on behalf the commercial real estate industry), Masschusetts Chapter of NAIOP (2010)
· Recipient, "Public Affairs Award" (for work on MassDEP's proposed stormwater regulations), Massachusetts Chapter of NAIOP (2009)
· Recipient, "Public Affairs Award" (for work on reshaping the Massachusetts Endangered Species Act regulatory program), Massachusetts Chapter of NAIOP (2004)
· Rated, AV® Preeminent™ 5.0 out of 5
Articles, Publications, & Lectures
Articles
· "Managing Risks of PCBs In Building Caulking," Law360, December 21, 2009
· "EPA's Policy Encourages New Owners to Disclose Environmental Violations", Stone, Sand and Gravel Review, September/October 2009
· "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
· "Liability, Natural Disasters Bring Mold Back to the Fore," Boston Business Journal, February 3, 2006
· "Judges Rule Against Local Boards in Permitting Disputes," Boston Business Journal, 2004
· "Risk Management is Best Tactic Absent Regulatory Standards," Boston Business Journal, 2004
· "DIF Bill Provides Development Tool for Down-Market Areas," Boston Business Journal, 2003
· "Did CERCLA Usurp State Law's Traditional Standards for Piercing the Corporate Veil?"Environmental Reporter, December 6, 2002
· "Bogged Down in Wetlands Appeals: Proposal for Reform," Boston Bar Journal, November/December, 2001
· "Questions of Intent: Environmental Crimes and 'Public Welfare Offenses,'" Villanova Environmental Law Journal, 1999
· "Recent Congressional Proposals for Providing Relief to the Domestic Uranium Industry: Saving Grace or Just Another Expensive Bailout," Journal of Energy Law & Policy, 1990
Lectures
· Hamilton has lectured on a wide range of environmental topics for 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.