Devine Millimet's environmental lawyers counsel clients in all areas of environmental and land use issues, including the permitting of complex developments and projects under state and federal environmental laws; transactions involving contamination and brownfields programs; state and federal regulatory compliance and enforcement issues and wetlands and shoreland protection matters; dam licensing and removal; regulatory issues involving municipal wastewater treatment facilities; environmental due diligence; and a full range of local land use issues. We advise clients on government relations issues, including the pursuit of legislative objectives and participation in agency rulemaking. Our clients include individuals, nonprofit and charitable organizations, municipalities, and a full range of private and public business entities in New Hampshire and Massachusetts.

We regularly represent clients in the defense of administrative, civil and criminal enforcement actions brought under state and federal environmental laws. Examples of recent and ongoing enforcement matters include the defense of litigation brought by the State of New Hampshire to recover for MTBE contamination; federal stormwater discharge permitting enforcement actions (administrative and criminal); the defense of Superfund cost recovery actions and related PRP litigation; the defense of citizens' suits brought under the federal hazardous waste and clean water acts; NPDES permitting and enforcement actions (civil and criminal); hazardous waste enforcement actions (criminal and civil); and the defense of private toxic tort cases involving mold and lead paint exposure.

Our Services

We provide strategic advice and counseling on private land use disputes and governmental matters ranging form permitting and regulatory compliance to the defense of the most aggressive environmental enforcement actions.  We work closely with our colleagues in the land use, real estate, litigation, bankruptcy, municipal, and corporate practice groups to ensure that our clients have the depth and range of experience and advice required to ensure the best possible representation on their matters. 
  • Federal, state and local permitting for large and complex commercial developments and projects
  • State and federal regulatory compliance
  • Brownfields and contaminated properties transactions
  • Municipal water and wastewater permitting
  • Wetlands, stormwater, shoreland permitting and compliance
  • Dam licensing and removal
  • Energy project permitting and siting
  • Defense of civil and criminal environmental enforcement actions
  • Defense of private toxic tort cases involving asbestos, mold, and lead paint exposure
  • Assistance in siting telecommunications facilities

Representative Matters

  • Assistance in obtaining federal, state, and local approvals for a 199-unit residential subdivisions for the Mount Washington Resort
  • Assistance in structuring the transaction and obtaining Energy Facility Site Evaluation Committee approval for a large-scale landfill gas renewable energy project
  • Ongoing work for state siting approval for a large energy facility
  • Representation of the purchaser of pulp and paper mills in northern New Hampshire involving environmental due diligence, brownfields, transactional issues, and broad permitting needs
  • Obtaining a covenant not to sue from the Commonwealth of Massachusetts allowing adaptive re-use of the Merrimack Valley's largest manufacturing location
  • Permitting renewable energy projects, including an industrial biomass boiler and a wood pellet processing plant
  • Defense of Superfund actions and related PRP litigation
  • Representation of public water systems
  • Wastewater discharge permitting for municipalities and industries
  • Defense of litigation brought by the State of New Hampshire to address MTBE in groundwater
  • Defense of industrial facilities on hazardous waste enforcement matters
  • Defense of federal and state criminal investigations and prosecutions under the Clean Water Act
  • Representation of a northern Massachusetts Water District in land exchange to enhance quality and capacity
  • Permitting and compliance assistance for numerous shorefront property owners

        We work closely with our colleagues in the land use, real estate, litigation, bankruptcy, municipal, and corporate practice groups to ensure that our clients have the depth and range of experience and advice required to ensure the best possible representation on matters brought to Devine Millimet.