LAW OFFICES OF
James W. Marsh
- 628 Pleasant Street, Suite 428
New Bedford, MA 02740
- B.A - Gettysburg College, 1997
- M.S.E.L - Vermont Law School, 2001
- J.D - Vermont Law School, 2001
- Environmental Litigation
- Land Use & Permitting
- Real Estate Transactions
- United States Distric Court - District of Massachusetts
Mr. Marsh focuses his practice on land use, environmental and regulatory matters and has experience in a wide variety of substantive areas, including solid and hazardous waste, water pollution, wetlands, and environmental remediation. In addition to representing numerous clients with respect to environmental permitting and compliance, he works with the firm's real estate, and land use and zoning practices.
Mr. Marsh graduated from Vermont Law School, with a J.D. and M.S. in Environmental Law. While in law school, he served as an editor of the Vermont Law Review.
Before starting the Law Offices of James W. Marsh, Mr. Marsh was a judicial law clerk for the Vermont Superior Court and an associate with the firm Shephard S. Johnson, Jr. & Associates, P.C.
Our environmental litigation practice spans the full range of the environmental arena and includes defending clients in civil and administrative enforcement actions; private party and citizen suit litigation; and administrative appeals before regulatory authority tribunals.
We have the experience and resources to handle significant environmental disputes in an effective and cost-efficient manner. Our lawyers have litigated cases of first impression. We also assist clients with regulatory and third-party disputes that arise out of business operations. We have experience in settlement negotiations and dispute resolution on behalf of clients wishing to resolve conflicts outside the courtroom.
Our lawyers routinely handle enforcement matters, ranging from enforcement proceedings to trials, and appeals. We have defended corporations and corporate officers against various charges, including records-keeping violations, and reporting violations.
Private Party and Citizen Suit Litigation
Our lawyers have experience litigating disputes between our clients and private parties or citizen groups. Using our extensive knowledge of environmental statutory and regulatory schemes, we work with our clients to develop and execute the appropriate litigation strategy to achieve the best possible result, which includes utilizing dispute resolution.
Our lawyers have represented clients before various regulatory authorities and administrative tribunals to challenge permitting or other agency decisions, or to defend a client's permits when challenged by a third party. In addition, our excellent working relationship with many government regulators facilitates the appeal process and achieves desired results for our clients.
Superfund and Cost Recovery
Our lawyers have represented clients in Superfund and state cost recovery litigation, successfully obtaining a number of multimillion dollar settlements on behalf of our clients through litigation and negotiation. We have represented various site owners, including privately owned disposal facilities, municipal landfills, and industrial property owners seeking contribution for their cleanup costs from the generators and those who transport hazardous substances, and from adjacent property owners.
Since regulatory agencies often look first to the property owner to pay cleanup costs, we have represented numerous plaintiffs in cost recovery litigation, bringing a unique perspective to our practice. Our lawyers have also represented a variety of private and public entities as defendants in cost recovery litigation, including chemical companies, and a variety of municipalities.
LAND USE & PERMITTING
Our lawyers have been instrumental in the successful development of a variety of complex projects such as brownfield redevelopments.
Our experience with environmental cleanups, real estate, and local permitting makes us a one-stop firm for redevelopment projects and remediation of contaminated properties. Over the past several years, we have represented both existing owners and prospective purchasers in scores of transactions involving the acquisition, remediation, redevelopment, and disposal of brownfield sites and have counseled clients on dozens more significant contaminated site cleanup projects.
REAL ESTATE TRANSACTIONS
Our lawyers assist property developers, and lenders in the following areas:
- Providing regulatory advice, including analysis of whether current practices conform to regulatory requirements.
- Drafting appropriate protective covenants in purchase and sale documents, loan documents, and leases, including representations, warranties, and indemnities.
- Working with environmental consultants to evaluate and minimize potential liabilities in real estate transactions and other business transactions.
- Reviewing and revising lease provisions to ensure that they contain protective provisions, such as rights of inspection and termination.
- Obtaining contributions from parties responsible for contaminating property, including former owners and tenants.