Environment, Energy and Land Use

Shipman & Goodwin's Environment, Energy and Land Use group provides environmental regulatory counseling; representation in local, regional, state, and federal permitting and administrative agency proceedings; and representation in all forms of environmental, land use and real estate-related litigation in the state and federal trial and appellate courts.

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 the regulatory aspects of 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.

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.

Utilities
Our lawyers practice in all areas of the highly-regulated utility industry. We work on agency intervention, contracting, litigation, and the identification and procurement of state and federal grants for individuals, small businesses, industrial facilities, educational and health care institutions, and municipalities.

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.

Communications
Our lawyers handle telecommunications, CATV, wireless, LAN, and E-Rate matters. We represent clients in administrative proceedings and contested cases and appeals involving interconnection, rulemakings, competition, compliance, individual licensing, transactional disputes, and enforcement proceedings before the Federal Communications Commission and the Connecticut Department of Public Utility Control. We also represent municipalities and school systems in connection with the construction of fiber networks and pole, conduit, and right-of-way disputes. We prepare E-Rate funding applications and represent entities involved with E-Rate Program Integrity Reviews and audits.

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.

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Primary Contacts

Timothy S. Hollister
(860) 251-5601

Erik J. Ness
(860) 251-5906

Christopher J. Smith
(860) 251-5606

John E. Wertam
(860) 251-5813

Joseph P. Williams
(860) 251-5127

Additional Contacts

Related Practices

Business Litigation

Construction and Real Estate Litigation

Real Estate