Marc Goldstein helps clients resolve environmental and land use disputes and to develop residential, commercial, and industrial projects. He serves as the Managing Principal of Beveridge & Diamond’s Wellesley, Massachusetts office and the Chair of the firm’s Technology Committee.
Environmental and Land Use Disputes
Marc provides practical, cost-effective advice to clients with environmental contamination issues, whether those clients are cleaning up hazardous materials and seeking contribution from previous owners or adjacent landowners or facing claims under Chapter 21E or Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for their alleged role in contamination. Marc regularly responds to enforcement actions brought by state and federal authorities including the Massachusetts Department of Environmental Protection and U.S. Environmental Protection Agency and the Attorney General’s Office and the U.S. Department of Justice that often trigger environmental litigation. With more than 18 years of litigation experience in all of the Massachusetts trial and appellate courts and the federal courts of Massachusetts, Rhode Island, and the First and Third Circuits, Marc has expertise in resolving matters prior to litigation and engaging in the complex multi-party litigation and recently successfully defended a client in a six-week environmental cost recovery jury trial in federal court in Boston.
Marc’s litigation practice encompasses other related claims and disputes, including land use permits appealed by developers unhappy about a denial or unworkable conditions or defending such permits against challenges from abutters. He has represented clients before the U.S. Surface Transportation Board in guiding their challenge to exemptions for solid waste activities conducted along rail lines. He handles breaches of contracts, construction and real estate litigation, enforcement of non-competition agreements, and First Amendment claims on behalf of media outlets. Because Marc works for both individual landowners and Fortune 100 companies, he has a range of tools for cost-effectively managing large and small litigation and the complex discovery that often accompanies these cases, including electronic discovery methods and the use of technology to manage the production and review of documents as part of significant litigation.
Marc’s project development practice focuses on the representation of builders, developers, and property owners seeking all types of permits and approvals, including Comprehensive Permits, wetlands, Title V, historic districts, special permits, and variances. Marc assists commercial clients of all sizes whether they are opening new branches, expanding operations at an existing site, or developing a project in a new location. Representative projects include permitting of nationwide bank branches, national pharmacy stores, residential housing projects, and obtaining or modifying Site Assignments for waste handling and recycling facilities from the MassDEP and local boards of health. When litigation is unavoidable in the development of the project, Marc is able to provide continuous representation of the project from permitting through permit appeals into construction. Marc draws on his prior experience at a major Boston law firm serving as Town Counsel and Special Town Counsel for municipalities and applies this experience to provide a unique insight into the planning and permitting process.
A journalism major and former college newspaper editor, Marc’s background as a journalist and editor enriches his ability to help clients tell their stories effectively in litigation or project development contexts. Marc was selected for inclusion in the 2015-2018 editions of The Best Lawyers in America, and the 2013-2016 editions of Super Lawyers . He serves as Vice Chair of the American Bar Association’s Real Estate, Condemnation, and Trust Litigation Committee and, as editor in chief of its semiannual journal, oversees all content created by and for the committee.
If Marc wasn’t practicing law, he would be somewhere in the wine industry, having dabbled with friends in making a zinfandel and sauvignon blanc under the label Fainwood.