Practice Areas

Environmental

Real estate is a huge part of what we do at Sherin and Lodgen. That’s one of the reasons why leading developers, manufacturers and others seek our help with environmental issues including contaminated properties, compliance and enforcement, cost recovery actions, and sustainable development.

Our attorneys understand the ever-changing federal, state and local environmental regulations and assist clients in navigating these complex systems to help avoid unnecessary time and costs. We rely on our major-deal experience that allows us to identify efficiencies that can avoid or hold down the costs of redevelopment.

ACCOLADES

Our environmental practice is ranked by U.S. News and World Reports “Best Law Firms” in Massachusetts and Ronald W. Ruth is included in the “Best Lawyers in America” for Environmental Law. Joshua M. Alper and Ronald W. Ruth are listed as Massachusetts Super Lawyers and Jennifer L. Ioli is listed as a Rising Star.

We represent our environmental clients on a range of issues including:

Contaminated Properties

Redevelopment of previously industrialized or contaminated properties, including brownfield sites, pose a unique set of challenges.

We help our clients mitigate environmental risks through approaches such as:

  • Institutional land-use controls
  • Brownfield grants from state and federal governments
  • Environmental insurance
  • Private party indemnity agreements
  • State covenant not-to-sue programs

Compliance/Enforcement

We advise clients on ever-changing and ever-changing environmental regulatory climate including:

  • Compliance with discharge from industrial processes
  • Operations subject to regulation for greenhouse gases, ozone-depleting substances, or petroleum and hazardous materials releases
  • Defense of governmental enforcement actions
  • Calculation, mitigation and public disclosure of carbon footprint

Cost Recovery Actions

Our clients seek our help to recover the costs of mandated environmental assessment and remediation. We prosecute and defend:

  • Private party claims
  • Insurance claims
  • Recovery of funds under governmental programs

LEED/Sustainable Development

Three of our attorneys are LEED certified professionals. We advise on matters ranging from:

  • Implementation of LEED by regulatory and land-use authorities
  • Evaluation of carbon footprint impact on strategic decisions, disclosure decisions, capital expenditures, development opportunities
  • Outside counsel to the affiliated supermarket operators (with over 700 locations) The Stop & Shop Supermarket Company LLC, Giant of Maryland LLC, and Martin’s regarding brownfields, hazardous materials compliance, environmental compliance and environmental insurance claims
  • Numerous purchasers, sellers, landlords, and tenants in negotiation of environmental indemnities, purchase and sale agreements, lease provisions and environmental insurance policies as part of acquisition or disposition of real estate

Working alongside our nationally recognized real estate practice, our environmental group represents:

  • Developers
  • Manufacturers
  • Retailers
  • Owners and operators of industrial and commercial properties
  • Commercial tenants
  • PRPs – Potentially responsible persons

DOER Finalizes SMART Program Emergency Regulations

By Tanya M. Larrabee on July 21, 2020
concept of energy storage system. renewable energy power plants - photovoltaics, wind turbine farm and battery container. 3d rendering.
The Department of Energy Resources (DOER) has finished the required Solar Massachusetts Renewable Target (SMART) Program 400MW review and emergency...

Sherin and Lodgen represents Agilitas Energy, LLC in construction and term loan for Massachusetts solar project

By Sherin and Lodgen on June 03, 2020
battery with solar panels on surface
Sherin and Lodgen’s Renewable Energy Group represented Agilitas Energy, and its affiliate, in a construction and term loan for a utility...

Northeast State Solar Programs in Light of COVID-19

By Tanya M. Larrabee and Amy L. Hahn on April 22, 2020
COVID-19 is impacting industries across the globe and clean energy is no exception. As the pandemic continues to influence economic...

Getting Up to Speed: FERC’s Attempt to Update PURPA

By Tanya M. Larrabee on November 06, 2019
windmill and solar panel vector illustration
On September 19, 2019, in an effort to modernize the Public Utility Regulatory Policies Act of 1978 (PURPA), the Federal...

What’s Up With Offshore Wind?

By Tyler N. Ballew on October 08, 2019
image of offshore wind farm
In August, the Bureau of Ocean Energy Management (BOEM), the branch of the Department of the Interior tasked with managing...