Environmental Representation

Doherty, Wallace, Pillsbury and Murphy has considerable experience in representing clients in environmental matters. Over the years, we have represented claimants, individual defendants and insurers in claims involving wetlands, asbestos, lead paint, mold, subsurface petroleum releases, sick building claims, noxious gases and fumes, toxic dust, environmental and zoning issues.

In residential settings, we have represented clients in matters ranging from Title 5 inspections and reports, to claims pursuant to M.G.L. 21E, the Massachusetts environmental protection statute, and the regulations of the Department of Environmental Protection under the Massachusetts Contingency Plan. Recently, we litigated a claim by a homeowner against a seller, a realtor and a home inspector over substantial fuel oil contamination discovered under the home after the sale. The case included claims of violations of M.G.L. 21E and M.G.L. 93A, the Consumer Protection Act, and we were able to get relief for the homeowner that covered the majority of clean up costs.

Our diverse trial practice also includes matters relating to real property issues such as improper maintenance of dams, causing death and damage to downstream properties. We have represented parties in cases where improper or unlawful construction practices caused environmental damage to adjacent and abutting properties. All of these matters call upon our combined experience of over 150 years to address and identify the special factual and legal issues raised by each claim.

Our business and real estate attorneys have vast experience assisting clients in permitting requests for everything from gasoline service stations through the siting of landfills and transfer stations, and addressing the concomitant environmental and zoning issues that are frequently raised in those matters. Doherty, Wallace lawyers have represented parties in court and before administrative bodies with regard to issues involving wetlands, remediation of contaminants and siting of leach fields and septic systems. In addition, we have provided coverage opinions for insurers as well as insureds in connection with insurance coverage for various types of environmental claims. In the course of our representation of clients in these matters, our attorneys have worked with environmental specialists, remediation specialists, toxicologists and other medical professionals and biologists, metallurgists and heating system installers.