Environmental and Land Use

Environmental Counseling and Litigation
Our environmental practice assists business entities, state and local government agencies and individuals with regulatory compliance, environmental permitting, financing, and business and real estate transactions. We have extensive experience with contaminated properties, including urban sites and brownfields, hazardous waste management and remediation, the Connecticut Transfer Act, and underground storage tanks. We regularly provide guidance on all major federal and state environmental programs, including solid and hazardous waste, coastal zone management, tidal and inland wetlands and watercourses, water quality, stormwater management, pesticides, and ambient and indoor air quality. We have extensive experience in the state and federal courts in environmental cost recovery actions, environmental insurance matters, underground storage tanks, toxic torts, and the state and federal Environmental Protection Acts.

Real Estate and Land Use Permitting and Litigation
Our experience in land use encompasses eminent domain, inverse condemnation, exactions and other constitutional property rights claims, affordable housing, fair housing, drafting and enforcement of regulations, historic preservation, mineral rights and earth materials, specific performance, landlord and tenant, common interest ownership communities, quiet title, tax appeals, and foreclosures. We represent clients before state and local agencies in administrative proceedings, and in civil actions in the state and federal trial and appellate courts, involving permitting, injunctions, compensation and damages, and enforcement. We represent businesses, associations, individuals, non-profits and government agencies in these matters.

Energy
We assist clients with electricity, natural gas, and fuel oil contracting and procurement, as well as securing grants and below-market financing to implement energy and cost-savings strategies. We have assisted clients with generation facility siting matters, transfer of ownership, and land use and environmental permitting for new and expanded facilities. Our attorneys have represented regional independent system operators, owners and operators of generating plants, merchant power plants, waste-to-energy facilities, consumers with cogeneration and distributed generation facilities, biodiesel production companies, municipalities, natural gas companies, state agencies, and quasi-public agencies.

Water
Our attorneys represent water companies in the acquisition of Certificates of Public Convenience and Necessity ("CPCN"), financing matters, mergers and acquisitions, receivership, and rate proceedings. We work with regulators and technical experts and counsel clients facing technical problems that trigger a legal response in administrative proceedings or in court. Our attorneys broker land swap deals with large regional water supply companies; obtain necessary permits and certificates from regulatory agencies including the Department of Public Utility Control, the Department of Environmental Protection and the Department of Public Health; work with engineering and water supply management companies to resolve technical issues; and identify instances where continued private operation is economically undesirable or infeasible, and in those instances, assist with the voluntary acquisition process and draft legislation to allow municipal involvement with groundwater contamination issues. 

Experience

Environmental Litigation
Defense of Federal Suit for Alleged Residual Petroleum from USTs
Resolved Cost Recovery Claim for Environmental Remediation
Defense of Claims of Environmental Contamination Related to Sale of Real Property
Pursuing Claims for Reimbursement from Underground Storage Tank Fund
Defense of CERCLA Actions Over PCBs from Transformers in North Carolina
Defended Federal Lawsuit Involving Third-Party Claims Under CERCLA
Successful Suit for Property Remediation Under CT Environmental Protection Act
Defeated Negligence Claim over Lead Paint in Auctioned Property
Successfully Defended Neighbors' Lawsuits Over a New Ash Landfill
Defended CERCLA Action by a Competitor at a Superfund Site
Defended CERCLA Action Regarding Former Ball Bearing Factory
Successfully Defended Noise Nuisance Allegations against Waste-to-Energy Facility
Defense of Allegations of Underground Contamination - Case Withdrawn
Won Temporary Injunction Against Illegal Solid Waste Landfill
Defended Lawsuit for Costs of Remediating MTBE Plume in Area Groundwater
Defended Professional Malpractice Allegations
Land Use Approvals and Litigation
Appeal from Granting of Use Variance by ZBA
Favorable Settlement of RLUIPA/Zoning Appeal
Favorable Settlement of RLUIPA/Zoning Appeal
Bringing Zoning Appeal for Private School
Defense of Demolition Code Appeal and Negligence Lawsuits Related to Urban Fire
Defense of Inland Wetlands Appeal
Successful Defense of Zoning Appeal for Private School
Prevailed in Zoning Appeal for 214 Townhouses Under Section 8-30g
Obtained and Successfully Defended Zoning Approvals for New Public School
Successful Wetlands and Zoning Appeals for Apartment Development Under Section 8-30g
Successful Affordable Housing and Inland Wetlands Appeals for 129 Townhouses
Gained Dismissal of Zoning Appeal for Lack of Aggrievement
Won Zoning Approvals for New Bulky Waste Landfill and Transfer Station
Wetlands and Zoning Appeals Resulting in Approvals to Build Apartments
Successfully Defended Civil Rights Suit Over City's Use of Eminent Domain
Won Temporary Injunction Prohibiting Truck Ban Ordinance for Egg Distributor
Defeated Conflict of Interest Claim Brought Against Inland Wetlands Commissioner
Won Injunction Preventing Revocation of a Zoning Permit
Obtained Land Use Approvals for Several Gas Station/Convenience Stores
Managed Complex Process for New Downtown and Cancer Center Zoning Regulations in New Haven, Connecticut
Other
Purchase and Redevelopment of Approximately 400 Acres of Property in the Town of Preston, Connecticut
Workforce and Affordable Housing Development
Environmental Compliance Advice
Shipman & Goodwin's Land Use Team Prevails in Minnesota Case
$120 Million Hartford Development "The Learning Corridor"
$500 Million Adriaen's Landing Redevelopment Project
Obtained Defense Verdict in Jury Trial Involving Business and Property Damage Claims of $400,000
Real Estate Litigation
Favorable Adverse Possession Settlement
Prevailed in Injunction Action to Prevent Eminent Domain
Successful Injunction Action to Enforce Restrictive Covenant
Successful Adverse Possession Lawsuit
Defense of Violations of Fair Housing Act and 42 U.S.C. § 1983
Other
Green Building
Medical Office Zoning
Exchange Transaction
Sewer Easement Dispute
Creating a Wastewater Management District
Energy Counsel
Energy Counsel
Energy Counsel
Energy Counsel
Energy Counsel
Energy Counsel
Energy Counsel
Telecommunications Counsel
Energy Counsel
Energy Counsel
Defended Automobile Manufacturer From CERCLA, RCRA Claims
Takings and Eminent Domain
American School for the Deaf
City of Hartford
Drainage Easement Dispute
Telecommunications Overbilling Refunds
Wetlands Regulation
Exclusionary Zoning
Wastewater Permitting Compliance
Permitting and Siting of Biodiesel Production Facility
Representation of Municipal Land Use Agencies
Obtained Transfer of Wetlands and Sewer Appeals
Settled Civil Complaint in One of the Largest Clean Water Act Cases in Nation
Multi-Party, Residential Oil Spill Litigation
Trial Involving Connecticut Environmental Protection Act
Telecommunications Regulatory Proceedings
Application for Certificate of Public Convenience and Necessity (CPCN)
Municipal Energy Counsel
Environmental Issues and Risks Evaluations for Commercial Properties
Alternative Energy Service for High School Construction and Operation
E-Rate Funding
Water Diversion
Environmental Compliance
Indoor Air Quality, Mold and Asbestos Compliance
Inclusionary Zoning
Negotiation of a Complex Telecommunications Service Contract
Environmentally Contaminated Property Remediation Dispute
Connecticut Property Transfer Act Remediation
Application for a CPCN for a Water System
Water Rights Injunction
Real Estate Development Litigation
Acquisition of Potable Water for Condominiums
Representation Before Town Planning and Zoning Commission
Local Regulatory Counsel
Long Island Sound Shellfish Bed Leases
Coastal Zone Site Plans
Coastal Zone Enforcement Action
Installation of Water System
Environmental Counsel to $1.6 Billion "Utopia Studios" Development
Obtained Restraining Order Against Condemnation of Affordable Housing Development
Connecticut Transfer Act
Water Pollution Control Authority Counsel
Defended Commission's Decision to Rezone
Negotiated a Complex Contract for Electricity Supply Services Resulting in $32,000,000 in Savings
Lender Protections
Public Sector/Schools
Tax Assesment Appeals and Denial of Zoning Application
Downtown New Haven Relocation of Gateway Community College
Classification of Telco Hybrid-Fiber Coaxial (HFC) Network
Applications Before Municipal Commissions
Open Space Preservation
Suit Over Groundwater Contamination Leads to Groundbreaking Legislation
Obtained Permits for Region's Largest Ash Disposal Facility
Obtained Sewer Extension and Connection Approval
Representation of Municipal Land Use Agencies

Publications

February 8, 2012  Green Building: Starting To Show Us The Money
November 7, 2011  Adding To The Value Of Health Care Construction
November, 2011  Revisions to Connecticut Transfer Act: Connecticut Environmental Law Handbook Chapter Five, Matters Affecting Business and Real Estate Update
October 3, 2011  Demystifying The Conditional Approval Process
October 3, 2011  Legislative Relief For Connecticut's Development Community
September 21, 2011  Our Amended Performance Bond Law: Sensible Changes, But More Needed
July 28, 2011  Multi-Family Rental Housing: Opportunities and Challenges
June 28, 2011  DEP Completes Hearing on Draft General Permit for the Discharge of Stormwater and Dewatering Wastewater from Construction Activities
June 9, 2011  Environment, Energy and Land Use Legislative Update
June 2, 2011  New Law Allows Extensions of Land Use Approvals
May 26, 2011  Changes in Real Estate Conveyance Tax Rates
May 26, 2011  Environment, Energy and Land Use Legislative Update
April 20, 2011  Environment, Energy and Land Use Legislative Update
April 11, 2011  Removing Age-Restrictions On Residential Developments
March 28, 2011  Environment, Energy and Land Use Legislative Update
February 4, 2011  Environment, Energy and Land Use Legislative Update
October 27, 2010  New Law Changes Retainage Limitations on Construction Contracts
May 10, 2010  Environment, Energy and Land Use Legislative Update
April 21, 2010  Environment, Energy and Land Use Legislative Update
April 12, 2010  ‘But We Need the Money!’: Can Towns Boost Application Fees in a Time of Financial Distress?
March 29, 2010  Environment, Energy and Land Use Legislative Update
March 5, 2010  Environment, Energy and Land Use Legislative Update
February 19, 2010  Environment, Energy and Land Use Legislative Update
January 29, 2010  Environment, Energy and Land Use Legislative Update
January-March 2010  Connecticut Planning Quarterly. A Planner’s Resolution for the New Year: Create Opportunities for Our Communities
October 6, 2009  2009 Environmental, Energy and Land Use Public Act Summaries
October 5, 2009  Making The State More Competitive
August 21, 2009  Legislature Establishes Remediation Deadlines Under Connecticut Transfer Act
July 22, 2009  Stimulus: "Proceed With Caution"
June 4, 2009  Environment, Energy and Land Use Legislative Update
May 8, 2009  Supreme Court Determines Arranger Liability and Apportionment
April 20, 2009  Environment, Energy and Land Use Legislative Update
March 30, 2009  Environment, Energy and Land Use Legislative Update
February 5, 2009  Environment, Energy and Land Use Legislative Update
October 17, 2008  Is "Green" The New Gold Standard?
July 24, 2008  Guidance Document for HOMEConnecticut Technical Assistance Grants
June 24, 2008  Update on Inland Wetlands Caselaw in Connecticut
May 12, 2008  Environment, Energy and Land Use Legislative Update
April 29, 2008  Environment, Energy and Land Use Legislative Update
April 14, 2008  Environment, Energy and Land Use Legislative Update
February 29, 2008  Environment, Energy and Land Use Legislative Update
February 2008  Connecticut’s Aquifer Protection Program Governs a Wide Array of Business Activities
February 12, 2008  Environment, Energy and Land Use Legislative Update
June 2007  National Survey of Statutory Authority and Practical Considerations for the Implementation of Inclusionary Zoning Ordinances
May 17, 2007  Environment, Energy and Land Use Legislative Update
January 17, 2007  Environment, Energy and Land Use Legislative Update
November 17, 2006  DEP's New Aquifer Protection Regulations
August 11, 2006  Environment, Energy and Land Use Legislative Update
April-June 2006  Substantial Evidence: "Don't Approve or Deny Without It"
March 30, 2006  Environment, Energy and Land Use Legislative Update
March 1, 2006  Aquifer Protection: Coming to a Town Near You
March 8, 2006  Environment, Energy and Land Use Legislative Update
October-December 2005  Connecticut Eminent Domain Law in the Post-Kelo World
July-September 2004  The Key Word is 'In': A Summary of the Legislature's Amendment to the Inland Wetlands Act
January-March 2004  The AvalonBay-Wilton Salamander Case: Wildlife Migrate, But Jurisdiction Does Not
September 1, 2003  Shifting the Battlefield: Recent Changes in Federal Wetlands Policy
July 24, 2003  Environmental Concerns for Developers: Wetlands
July 22, 2003  Developments Under Connecticut's Affordable Housing Land Use Appeals Act
July 18, 2003  Religious Land Use And Institutionalized Persons Act Of 2000
July 18, 2003  Telecommunications And The Cell Tower Wars
July 1, 2003  Environmentally-Driven Zoning Law
December 2002/January 2003  Property Tax Burdens and Smart Growth
October 10, 2002  Satisfying The "Public Use" Requirement Of Eminent Domain (2002)
August 9, 2002  Congress Seeking to Restore Brownfields
April 1, 2002  Update on the Law of Wetlands, Vernal Pool Species and Aquifer Protection Areas in Connecticut
April 1, 2002  Recent Developments Under Connecticut's Affordable Housing Land Use Appeals Act
January 2, 2002  The Law Of Fiscal Zoning
2000  Connecticut Environmental Law Handbook, First - Fifth Edition
May 2000  A Critical Evaluation of the Development and Implementation of Forest Preservation Strategies

Events

February 8-11, 2012  Green Building: Starting To Show Us The Money
October 18, 2011  Basic Land Use Law
June 23, 2011  Federal Zoning v. Home Rule: What Happens When the U.S. Government Starts Dictating Local Zoning
June 10, 2011  Hot Topics in Land Use Law and Practice 2011- 1.5 CM, Ethics Training Only
June 10, 2011  Hot Topics in Land Use Law and Practice 2011- 5.5 CM Credits, Including 1.5 CM of Planning Law and 1.5 CM of Ethics
May 26, 2011  Assessing Connecticut's High Performance Building Construction Standards: A Progress Report
April 10-12, 2011  New England Estates v. Town of Branford: What Not To Do With Eminent Domain
April 9-10, 2011  Navigating Green Building Standards
March 12, 2011  Nonconformities in Connecticut Land Use Law
March 3, 2011  Undoing Age-Restrictions on Residential Development
January 12, 2011  Property Rights and Land Development
December 8, 2010  Fifth Annual Property Rights Seminar: Update on Eminent Domain and Regulatory Takings
November 10, 2010  Environmental Considerations in Business and Real Property Transactions: Highlighting the Connecticut Transfer Act
November 4, 2010  Best Practices: Keeping a Successful Ordinance Over the Long Term
October 22, 2010  Planning and Zoning for Green/High Efficiency Buildings
October 14, 2010  CT ABC Presents: Greening Your Bottom Line
September 30, 2010  Value Added: Finding and Saving Money in a Recovering Real Estate Economy
June 11, 2010  Hot Topics in Land Use Law and Practice 2010- 1.5 CM, Ethics Training Only
June 11, 2010  Hot Topics in Land Use Law and Practice 2010- 6.25 CM Credits, Including 1.5 CM of Planning Law and 1.5 CM of Ethics
May 29, 2010  Construction Connection
March 3, 2010  Green Building: Certificates, Tax Credits, Requirements and Clean Energy Funding
April 21, 2010  HOMEConnecticut 3 Years In: Its Value and Its Promise
April 16, 2010  Risks, Rewards, and Recreational Liability Conference
April 1, 2010  Wetland and Environmental Update
March 25, 2010  Where Can Your Children, Parents, and Town Employees Afford to Live?
February 18, 2010  New Haven Home Builders Association Dinner Meeting
January 19, 2010  Legal Issues Involving Property Rights & Land Development
December 4, 2009  American Recovery and Reinvestment Act (ARRA) Funds For School-related Energy Projects
November 5, 2009  2009 Southern New England American Planning Association Conference
October 14, 2009  The Basics of Connecticut Land Use Law
October 7, 2009  DEP’s Proposed Electronic (E-Waste) Regulations; and a Review of Environmental Legislation Effective October 1st
June 26, 2009  Hot Topics in Land Use Law and Practice 2009- 5 CM Credits
April 24, 2009  Connecticut Watershed Conservation Network Conference
April 14, 2009  2009 South Western Regional Planning Agency (SWRPA) Housing Summit
April 3, 2009  The Federal Stimulus Package: What it Means for Your Connecticut Business
March 28, 2009  Connecticut Land Use Law For Municipal Land Use Agencies, Boards, and Commissions
March 6, 2009  Energy Consortiums: What You Need to Know When Examining the Pros and Cons
February 26, 2009  Laws, Regulations and Policies Relating to Connecticut Licensed Environmental Professionals
November 11, 2008  Zoning, Subdivision and Land Development Law in Connecticut
October 29, 2008  Tips for Lawyers in the Land Use Practice
October 16, 2008  A Primer on the New HOMEConnecticut Law
June 5, 2008  Connecticut Developers Council Legal & Legislative Update
June 3, 2008  CBIA Environmental Conference
May 28, 2008  Environmental Legislation 2008
January 18, 2008  CBIA Environmental Policies Council Monthly Meeting
November 29, 2007  Affordable Housing Speed-Dating
November 8, 2007  Advanced Zoning and Land Use
October 3, 2007  Basic Land Use
June 7, 2007  Large Scale On-site Sewage Treatment and Disposal Systems
October 30, 2006  2006 Annual Conference of the Connecticut Housing Coalition
October 25, 2006  Connecticut Environmental Law Compliance Course
October 19, 2006  Commercial Real Estate Financing in Connecticut: : Environmental Considerations in Business and Real Property Transactions
September 28-29, 2006  American Planning Association's 2006 Southern New England Planning Conference
June 9, 2006  Are PODs, Overlay Zones and Floating Zones Legal?
June 7, 2006  Environmental Law Legislation
March 2, 2006  A Primer on Eminent Domain
January 5, 2006  Update on the Law of Wetlands
November 18, 2005  Kelo v. New London and Other Recent Property Rights/Land Use Decisions and Legislative Preview
November 17, 2005  Advanced Zoning and Land Use - "DEP's Aquifer Protection Regulations"
November 17, 2005  Recent Case Law and Legislative Update
November 10, 2005  Smart Growth Incentives
November 10, 2005  Perspectives on Kelo v. New London
October 5, 2005  Environmental Law Legislation
July 29, 2005  Recent Case Law and Legislative Update
June 13, 2005  Section 22a-19 Intervention as a Right in Land Use and Wetlands Appeals
May 25, 2005  Environmental Law in Businesses and Real Estate Transactions
May 13, 2005  Environmental Issues in Real Estate Transactions
May 5, 2005  Water, Sewer & Septic Systems: A Rising Swamp for Development
April 12, 2005  Environmental and Land Use Legislative Update
March 5, 2005  Things to Watch Out For: Affordable Housing, Fair Housing, and Religious Land Uses
March 5, 2005  Municipal Land Use
February 24, 2005  Recent Land Use Case Law
November 19, 2004  Wetlands Commission Jurisdiction
October 25, 2004  Connecticut Environmental Laws & Regulations
June 9, 2004  2004 Environmental Legislation
June 7, 2004  New Connecticut Department of Environmental Protection Aquifer Protection Regulations
June 3, 2004  Recent Supreme Court Wetland Decisions and Legislation
May 27, 2004  AvalonBay Communities, Inc. v. Wilton Inland Wetlands Agency: What Really Ocurred with the Legislation?
May 27, 2004  Wetlands, Wildlife and Public Act 04-209
May 27, 2004  Smart Growth Incentives
May 13, 2004  Hot Topics: Land Use Law in Connecticut
May 13, 2004  DEP's New Aquifer Protection Regulations
May 13, 2004  Overview of Final Connecticut Department of Environmental Protection Aquifer Protection Regulations
April 29, 2004  Smart Growth Incentives from the Blue Ribbon Commission on Property Tax Burdens and Smart Growth Incentives
April 29, 2004  Environmental Issues You Need to Know for Today's Successful Land Use Practice
April 1, 2004  Conflicts of Interest and Predisposition
March 19, 2004  Water Resources and Section 22a-19 Environmental Interventions
March 15, 2004  Smart Growth Incentives
January 14, 2004  Property Rights and Land Use Law
November 15, 2003  Is Growth Management a Water Pollution Control Authority (WPCA) Issue?
October 13, 2003  Fair Housing Act Accessibility Requirements
September 4, 2003  Balanced Growth in Connecticut
June 23-24, 2003  Connecticut Land Use Law: Current Issues and the Cutting Edge
June 23-24, 2003  Connecticut Land Use Law: Current Issues and the Cutting Edge
April 22, 2003  Ethics and Conflicts of Interest. How does One Decide the Right Thing To Do?
March 23, 2003  Fiscal Zoning and Impact Fees
March 1, 2003  Introduction to Affordable Housing and To Environmental Intervention
September 25, 2002  Zoning for Affordable Housing: How It Works Around New England
March 1, 2002  Advanced Planning and Zoning: Hot Topics II
February 15, 2002  Hot Topics in Land Use Law
April 6, 2000  Land Use Issues
April 6, 2000  Presentations Before Local Land Use Boards
January 6, 2000  The Law of Fiscal Zoning
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