Environmental Law

Mirick O’Connell’s Environmental Law Group is an interdisciplinary team of seasoned environmental, land use, litigation, and municipal attorneys assisting our clients in all aspects of environmental litigation, enforcement, regulatory appeals and permitting. We also work with an extensive network of experienced environmental and engineering consultants to deliver a custom-designed approach to every matter. Our clients include manufacturers, developers, property owners and municipalities in waste site cleanup disputes, cost recovery actions and related environmental insurance claims, as well as enforcement and permitting matters involving air, water, wetlands and endangered species. From cutting-edge issues involving emerging contaminants like PFAS and 1,4 dioxane at landfills and manufacturing facilities to more common releases involving chlorinated solvents, oil and gasoline at dry cleaners and gasoline stations, our team has the knowledge, experience, network and contacts to navigate the evolving landscape of federal, state and local regulation of our environment.

Practice Chair

David K. McCay

David K. McCay
Partner

David McCay Named Go To Environmental Lawyer by Massachusetts Lawyers Weekly

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e-Alert: Should Employers Consider Surcharges for Unvaccinated Workers?

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e-Alert: What Employers Need to Know about President Biden's "Path Out of the Pandemic" COVID-19 Action Plan

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Amanda Baer was quoted in Ragan's Workplace Wellness Insider article "5 Issues Every Organization Should Consider in Planning Their Return to Work

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Dave McCay interviewed by Go Green Radio, "PFAS in Your Water? You Have Rights"

Who will pay to remove PFAS from the public water supply - taxpayers? Can a resident sue their local government if their illness is connected to PFAS in the drinking water? Tune in to find out.

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e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Updated Guidance and Resources

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PODCAST: Ken Pickering discusses Preventing, Detecting and Responding to Employee Fraud

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e-Alert: Massachusetts COVID-19 Emergency Paid Sick Leave - Employer Guidance

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Reid Wakefield quoted in Forbes article "What the EEOC's Updated Covid Guidelines Mean for Business Leaders"

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Amanda Baer quoted in Workest by Zenefits article "Can Small Businesses require COVID Vaccines in the Workplace?"

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PODCAST: Mirick O'Connell attorneys discuss Remembering RBGT: Her Life and Legacy

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PODCAST: Chris Collins discusses the Benefit of Serving in the Community

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PODCAST: John Shea discusses Mediation in Divorce Cases

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Dave McCay quoted in Telegram & Gazette article, "Fight to protect drinking water from 'forever chemicals' begins to boil"

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e-Alert: Should Employers Consider Surcharges for Unvaccinated Workers?

9/14/2021[ read full story ]

Representative Matters

  • Obtained a judgment and award of attorney’s fees for a property owner under M.G.L. c. 21E (the Massachusetts Superfund statute), and successfully defended the judgment on appeal, against a municipality requiring it to conduct a multi-million dollar assessment and remediation of an historic landfill.

  • Represented a municipality in the defense of a citizen suit claims alleging 1,4 dioxane contamination from a municipal landfill under the federal Clean Water Act, the Resource Conservation and Recovery Act, and state claims under M.G.L. c. 21E and various tort theories.

  • Represented a customer of a barrel recycling facility in federal litigation under CERCLA involving a Rhode Island site contaminated with dioxin.

  • Represented an international bank in a dispute involving TCE contamination of a distressed property briefly owned by our client after a foreclosure.

  • Successfully obtained the rescission of our client’s purchase of a 78-acre property based on the seller’s failure to disclose known-PCB contamination.

  • Represented a municipality in litigation and drafting regulations related to the potential siting of a soil reclamation facility.

  • Obtained a multi-million dollar arbitration award and judgment for breach of contract and unfair business practices claim on behalf of a leading designer of pollution control systems for power plants.

  • Represented a regional school committee in the defense of various constitutional and tort claims involving the alleged lead contamination of drinking water.

  • Represented property owners, operators and municipalities in various wetland enforcement actions under the Massachusetts Wetlands Act and state and local wetlands regulations.

  • Represented a Massachusetts municipality before the Massachusetts Supreme Judicial Court in a case of first impression regarding regulatory takings.

  • Represented numerous clients in a variety of industries (including technology, manufacturing, automotive and construction) defending and resolving environmental compliance actions brought by State and federal regulators.

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Our Practices