Practice Areas

Energy & Environment

McLane Middleton’s Environmental and Energy groups include attorneys with over 150 years of collective experience in environmental regulatory, permitting, enforcement cases, environmental litigation and related insurance coverage litigation.

McLane Middleton’s Environmental and Energy groups include attorneys with over 150 years of collective experience in environmental regulatory, permitting, enforcement cases, environmental litigation and related insurance coverage litigation.  The firm has extensive experience across all the major federal and State environmental regulatory laws, including: the hazardous waste laws, Superfund, RCRA and the Toxic Substance Control Act,  the Clean Air Act, the Clean Water Act including NPDES permitting wetlands, shoreland and stormwater management, Large groundwater withdrawals, the Safe Drinking Water Act, the Emergency Planning & Community Right-to-Know Act (EPCRA), and the parallel State programs.

Attorneys in the Environmental Practice regularly serve as speakers on environmental law.  The members wrote New Hampshire’s Environmental Law Handbook.  2nd Edition.

Representative Clients in Environmental and Energy Siting include:

  • Eversource
  • Antrim Wind Energy
  • Avangrid (Iberdrola)
  • AES Corporation
  • Altid Enterprises
  • Dartmouth College
  • Hitchiner Manufacturing
  • Monadnock Paper Mills
  • National Grid
  • New England Metal Recycling
  • Schnitzer Steel Industries, Inc.
  • Tennessee Gas Pipeline Company
  • Verizon Wireless
  • Waste Management
  • Wheelabrator Technologies
  • Algonquin Power Fund
  • Aquarion Water Company of Massachusetts
  • Aquarion Water Company of New Hampshire
  • Ashland Electric Department
  • BayCorp Holdings, Ltd.
  • Concord Steam Corporation
  • Constellation Energy Group
  • EnerDev, Inc.
  • Great Bay Power Corporation and its holding company
  • Hanover Water Works
  • Manchester Water Works
  • Pennichuck Corporation

Representative Clients in Utilities include:

  • Algonquin Power Fund
  • Aquarian Water Company of Massachusetts
  • Aquarion Water Company of New Hampshire
  • Ashland Electric Department
  • BayCorp Holdings, Ltd.
  • Concord Steam Corporation
  • Constellation Energy Group
  • EnerDev, Inc.
  • Great Bay Power Corporation and its holding company
  • Hanover Water Works
  • Manchester Water Works
  • Pennichuck Corporation

Smith-Call-to-Action

For additional information, contact Gregory Smith, chair of the firm's Environmental Law Group.

Needleman-Call-to-Action

For additional information, contact Barry Needleman, chair of the firm's Energy Law Group.

State and Federal Environmental Permitting and Defense of Enforcement Proceedings

We advise our clients on all types of environmental permitting and enforcement defense, working often with environmental engineers and other consultants. The interests of our clients are best served by planning that includes careful consideration of the technical consultants work together with a sound understanding of the applicable regulatory law, and the interests, rights and responsibilities of the client. Avoidable difficulties most often arise when all these aspects are not considered no matter the size of the project.

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Compliance and Counseling

We have the deep experience required to handle questions of regulatory compliance, including the interpretation and implementation of the myriad types of environmental permits and compliance plans required of 21st century businesses, and are versed in the complex statutory and regulatory environmental requirements with which our clients must comply.

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Environmental Due Diligence

Often working closely with members of our corporate department, we advise clients engaged in the sale or acquisition of property and businesses on the meaning of, the limitations to and potential protections afforded by Phase 1 and Phase 2 Environmental Site Assessments, as well as the potential uses of insurance and other contractual protections to facilitate all manner of business transactions.

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Environmental Appeals

We have extensive experience handling permitting and related appeals before the State Energy Facility Site Evaluation Committee, the Waste Management Council, Water Council, Air Resources Council and the Wetlands Council, the EPA Environmental Appeals Board, the Army Corp of Engineers, and the Federal Energy Regulatory Commission.

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Energy Facility Siting

McLane Middleton is a leading New England law firm in matters pertaining to the siting of energy facilities and infrastructure, including assisting clients in proceedings before the New Hampshire Site Evaluation Committee (NHSEC), as well as local permitting and land use approvals for smaller projects.

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Environmental Litigation

We represent our clients in a wide variety of environmental litigation in State and federal courts, including those throughout New England, New York, and beyond. We have extensive experience in large personal injury and property damage claims associated with manufacturing operations, CERCLA cost-recovery actions arising out of the former operations of manufactured gas plants (MGPs); and, representing policyholders in the pursuit of insurance recovery for substantial environmental liabilities.

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Environmental Toxic Tort Defense

McLane Middleton has extensive experience in litigation relating to environmental contamination in New Hampshire, Vermont, New York, Connecticut, and South Carolina. A number of these cases were jury trials.

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Utility Regulation

For the past 80 years, McLane Middleton has represented clients in the energy, utilities and telecommunications industries. As these industries have become more complex, our work for clients in these sectors has become more varied, ranging from regulatory, environmental, corporate and litigated matters. As these industries have become more complex, our work for clients in these sectors has become more varied, ranging from regulatory, environmental, corporate and litigated matters.

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Practice Area Members

Gregory H. Smith Photo
Gregory H. Smith
Director & Chair, Administrative Law Department and Managing Director of State Capital Office
Adam M. Dumville Photo
Adam M. Dumville
Director and Vice Chair, Administrative Law Department
Michael J. Quinn Photo
Michael J. Quinn
Director, Administrative Law and Litigation Departments and Managing Director Portsmouth Office
Barry Needleman Photo
Barry Needleman
Managing Director and Director, Administrative Law Department
Mark C. Rouvalis Photo
Mark C. Rouvalis
Director and Vice Chair, Litigation Department
Thomas B. Getz Photo
Thomas B. Getz
Of Counsel, Administrative Law Department
Rachel A. Hampe Photo
Rachel A. Hampe
Counsel, Litigation Department
Viggo C. Fish Photo
Viggo C. Fish
Counsel, Administrative Law Department
Rebecca S. Walkley Photo
Rebecca S. Walkley
Counsel, Administrative Law Department
Shaune L. Hickson Photo
Shaune L. Hickson
Associate, Administrative Law and Litigation Departments
Steven J. Yannacone Photo
Steven J. Yannacone
Associate, Administrative Law and Litigation Departments