Case Studies

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Jump directly to the following case studies: Environmental | Natural Resources and Project Development | Litigation

Large Petroleum Refinery
Negotiating a Settlement Under a Nationwide Enforcement Initiative
When one of the nation's largest refiners was faced with the threat of a company-wide enforcement action that targeted the petroleum refining industry and focused on four major federal Clean Air Act issues (New Source Review, New Source Performance Standards, the Benzene Waste NESHAP, and Leak Detection and Repair standards) and on a number of state law issues, the refiner turned to Beveridge & Diamond.
Solid Waste Facility Development
Obtaining Permits and Financing, and Negotiating DBO Contracts, for Solid Waste Facilities in Massachusetts
Solid waste facility developers turn to the firm to manage the permitting processes for solid waste facility developments in Massachusetts. These facilities, among the most controversial and difficult to site, present enormous permitting challenges and require strategic planning and flawless coordination to properly execute the development plan.
Stockholm POPs Convention
Developing a Long-Term Strategy
As national and international initiatives aimed at further regulating persistent organic pollutants (POPs) gained momentum in the 1990s, Beveridge & Diamond was retained by the American Chemistry Council to help develop a long-term strategy that would ensure future international legal regimes were appropriate in scope, science-based, and transparent.
Master Planned Resort Community
Complex and Overlapping State and Federal Approval Process
A major residential and retail development company had quietly assembled 867 acres on a bay in southeastern Delaware near the popular Delaware and Maryland ocean resorts. The county government had earlier designated its southeastern area for future growth in a comprehensive plan that specified both preservation and development areas. The company applied for and ultimately received county zoning approval for a large, mixed-use development. Several environmental and community organizations strenuously objected to the project's density. Moreover, given the property's sensitive location on a major bay just west of the ocean, federal and state wetlands and water quality permits would be required. Issues involving the habitat for an experimental population of an endangered species and potential historic sites were also raised by project opponents and government regulators.
Section 404 Permits
Litigation Under the Endangered Species Act and the Clean Water Act
Litigation under the Endangered Species Act (ESA) and the Clean Water Act (CWA) proved to be the final hurdles to overcome before a major wetlands restoration project could begin. Our client proposed a project that would take dredge spoils from Port of Oakland dredging projects and other dredging projects around San Francisco Bay for use in restoring historic wetlands.
Natural Resource Damages Liability
Understanding Trustee Authorities, Relationships, and Restoration Needs
Our client received a notice in 1994 from the U.S. Fish and Wildlife Service that it and others were potentially liable under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) and the Clean Water Act for natural resource damages (NRD) arising from historical PCB releases to the Lower Fox River and Bay of Green Bay from paper recycling and production.
Antarctica
Cleanup of Waste Stockpiles
Following decades of scientific operations in Antarctica, where summer temperatures average from -5 to -31°F (-15 to -35°C) and in winter drop as low as -129°F (-89°C), the National Science Foundation (NSF) began a plan to remediate waste sites associated with U.S. bases. Our client, a civilian contractor, was selected to help clean up existing waste stockpiles used by NSF in Antarctica.
Verizon Center
Large Downtown Arena Construction Following Detailed Historic Resources Consultation
On behalf of the Washington, D.C. Sports Commission, Beveridge & Diamond took the lead in supervising the complex EIS and Section 106 consultation process for the Verizon Center (formerly the MCI Center). We helped conclude these administrative procedures on time and in such a comprehensive fashion that this large, controversial project was built without litigation challenging the agency's environmental or historic review decisions.
National Trade Association
Negotiating a Memorandum of Understanding for the Airlines
When California was developing its State Implementation Plan, federal and state agency officials demanded emissions reductions from the airlines. Our client, a national trade association for the airlines, turned to Beveridge & Diamond to engage the agencies and help respond to the regulators' demands.
Cartagena Protocol on Biosafety
Avoiding New Global Controls on the Import and Export of U.S. Food Products
Beveridge & Diamond, P.C. represented U.S. food companies in negotiations on for the Cartagena Protocol on Biosafety. The Protocol, concluded in January 2000, establishes a global legal regime governing international trade in Living Modified Organisms ("LMOs"). Early on in the negotiations, a block of developing countries sought to extend the scope of the Protocol to not only actual LMOs but to products derived from LMOs (so-called "products thereof") such as processed foods made from genetically modified crops.
Stratford
Harbor and Mixed Commercial Development
Beveridge & Diamond represents Stratford Land Development Company Inc., which many years ago was denied a permit by the State of Connecticut to build a new commercial harbor as well as a large marina at a 612-acre site along the Long Island Sound just east of Bridgeport, Connecticut. Following the denial, Stratford retained the firm to represent the company in state court, and to assist it in revising the proposed project to secure the necessary permits.
State Air Permitting Rules
Permitting a New Glass Manufacturing Facility
When a client we have represented for fifteen years wanted to build a new glass manufacturing plant that it thought might generate local controversy, it turned to Beveridge & Diamond to help prepare its permit application. We helped the client navigate state air permitting rules and worked with state agency officials to ensure timely issuance of a draft permit.
Grandfathered Facility Upgrade
Meeting the Terms of a Plea Agreement Two Years Ahead of Schedule
After entering into a plea agreement, a petroleum refiner requested our help in implementing its terms. The plea agreement required the refiner to upgrade a grandfathered facility at one of its refineries to comply with an NSPS.
Multi-Count Indictment
Dismissing All Criminal Allegations Against In-House Counsel
We represented in-house counsel to a petroleum refiner during a criminal enforcement matter. The government had alleged in a multi-count indictment that our client, along with the company and other company employees, had violated the Clean Air Act and made false statements to the government.
Maryland Highway Construction
Successful Preparation and Defense of NEPA Environmental Review for Intercounty Connector Project
Beveridge & Diamond successfully developed, implemented and defended a strategy for achieving NEPA approval for an extremely controversial and complex transportation project, the proposed Intercounty Connector.
Preservation of Nobscot Reservation
Perseverance and Dedication Brings Celebrated Results in the Protection of Undeveloped Land
When Sudbury Valley Trustees, Inc. needed real estate counsel to close one of the largest conservation restriction deals in its fifty year history, it turned to Beveridge & Diamond to get the deal done. The firm represented the Sudbury Valley Trustees, Inc. in a multi-party transaction resulting in the preservation of 303 acres of the Nobscot Reservation located in Sudbury, Massachusetts.
Buffington Office Building
New Development Permitted on Designated Historic Property
Beveridge & Diamond helped its client subdivide a parcel containing a designated historic site, and construct a new office building on the newly created lot. Taking into account the community's concerns about design, architecture, historic preservation, and the need for community meeting space, the project was approved and completed successfully with strong community support.
Solid Waste Facility Development
Obtaining Permits and Financing, and Negotiating DBO Contracts, for Solid Waste Facilities in Massachusetts
Solid waste facility developers turn to the firm to manage the permitting processes for solid waste facility developments in Massachusetts. These facilities, among the most controversial and difficult to site, present enormous permitting challenges and require strategic planning and flawless coordination to properly execute the development plan.
Master Planned Resort Community
Complex and Overlapping State and Federal Approval Process
A major residential and retail development company had quietly assembled 867 acres on a bay in southeastern Delaware near the popular Delaware and Maryland ocean resorts. The county government had earlier designated its southeastern area for future growth in a comprehensive plan that specified both preservation and development areas. The company applied for and ultimately received county zoning approval for a large, mixed-use development. Several environmental and community organizations strenuously objected to the project's density. Moreover, given the property's sensitive location on a major bay just west of the ocean, federal and state wetlands and water quality permits would be required. Issues involving the habitat for an experimental population of an endangered species and potential historic sites were also raised by project opponents and government regulators.
Fenton Street Loft Condominiums
Infill Housing on a Downtown Edge
Downtown Silver Spring, Maryland, is an old, inner suburban central business district abutting Washington, DC. Currently undergoing revitalization, one of Silver Spring's challenges is the large number of small, piecemeal lots sitting on narrow downtown streets.
Section 404 Permits
Litigation Under the Endangered Species Act and the Clean Water Act
Litigation under the Endangered Species Act (ESA) and the Clean Water Act (CWA) proved to be the final hurdles to overcome before a major wetlands restoration project could begin. Our client proposed a project that would take dredge spoils from Port of Oakland dredging projects and other dredging projects around San Francisco Bay for use in restoring historic wetlands.
Merrick Landfill
Landfill Converted to Park and Nature Preserve
Beveridge & Diamond represented the Town of Hempstead, located in New York State, in various aspects of closing a large municipal landfill and converting the landfill site into a park and nature preserve. In addition to assisting the town with government approvals, the firm represented the town in a construction contract dispute that occurred during the project.
Union City
Stranded Steel Neighborhood Converted to Transit Village with New Housing, School, and Parks
Pacific States Steel declared bankruptcy and shut down its operations in 1978, instantly idling its 65-acre site and sending an adjacent area of related businesses and industrial operations into urban blight. A bitterly contested pension and bankruptcy dispute resulted in a series of court-appointed trustees that tried unsuccessfully for more than a decade to clean up and redevelop the company's only asset — the abandoned steel mill. Meanwhile, Beveridge & Diamond successfully represented key parties in other areas of the industrial park on cleanup, entitlement, and redevelopment issues, resulting in the successful completion of a new 61-acre residential neighborhood, including a new school, park, and trail network, adjacent to the now-thriving Bay Area Rapid Transit (BART) station.
Verizon Center
Large Downtown Arena Construction Following Detailed Historic Resources Consultation
On behalf of the Washington, D.C. Sports Commission, Beveridge & Diamond took the lead in supervising the complex EIS and Section 106 consultation process for the Verizon Center (formerly the MCI Center). We helped conclude these administrative procedures on time and in such a comprehensive fashion that this large, controversial project was built without litigation challenging the agency's environmental or historic review decisions.
Stratford
Harbor and Mixed Commercial Development
Beveridge & Diamond represents Stratford Land Development Company Inc., which many years ago was denied a permit by the State of Connecticut to build a new commercial harbor as well as a large marina at a 612-acre site along the Long Island Sound just east of Bridgeport, Connecticut. Following the denial, Stratford retained the firm to represent the company in state court, and to assist it in revising the proposed project to secure the necessary permits.
Cellular Tower
Arguing the Relevant Provisions of the Telecommunications Act of 1996
Our clients, a tower developer and a licensed telecommunications carrier, sought to construct and maintain a 170-foot tall lattice transmission tower in a southeastern Massachusetts town. The tower was needed to close a cellular telephone coverage gap along a busy highway. The local permitting regime was not hospitable. The proposed tower site was located in a zoning district that arguably precluded telecommunications towers and an environmental protection overlay district requiring a special permit. Moreover, structures in excess of two stories in height were prohibited. Notwithstanding these regulatory hurdles, we pursued the matter through the local board of appeals and federal court, and secured all necessary approvals.
House of Worship
Securing Approvals to Operate a Synagogue in the Suburbs of New England
Securing approvals to operate a house of worship in the suburbs of New England is a challenging enterprise. The particular site in this case made the engagement even more challenging. A synagogue obtained site control of a 2.5-acre parcel of land in a single-family residential neighborhood zoned for residences and within an Aquifer Protection District. The site also contained wetlands and had no access to sewer service. Many of the neighbors were strongly opposed to living nearby a house of worship.
Oakland
Army Base Makes BRAC History with Early Transfer Under Brownfields Cleanup Program
Commissioned in 1941, the Oakland Army Base -- a 425-acre property at the foot of the San Francisco-Oakland Bay Bridge -- served as the Army's largest embarkation facility for sending soldiers and materials to Asia, beginning in World War II and continuing until the facility was declared surplus in 1995 in the second round of base closures under the Base Realignment and Closure Act. Although the Army reported it had spent more than $16 million on its sampling and underground tank removal programs, the Army and the California environmental oversight agencies had reached gridlock over a series of disputes over how regulatory requirements in the National Contingency Plan must be accomplished to achieve either pre-cleanup or post-cleanup transfer of the site to the Oakland Base Reuse Authority. At the heart of the dispute: how much site characterization was required before a remedy could be selected and implemented.
Defeat Class Action Lawsuits
When Corporate America Becomes Prey
Our client became the target of a massive product liability lawsuit. With the stakes high, the company asked Beveridge & Diamond to jump in.
Beware of Bugs in the Agency's Record
Construct the Record and Build Your Project
Our client needed a legal swat team. Fast. A competing land management company was suing to prevent development of 2.1 million square feet of office space.
Mass Tort Can Strike Without Warning
Make Sure Your Insurance Policy Covers You
Product liability lawsuits can be devastating when an insurance company tries to sidestep the protection it agreed to provide. And this happens more often than you think.
Keep Your Competitive Edge
Challenges to Your Products Eat Up Your Margins
When our clients' products are threatened, Beveridge & Diamond isn't sheepish. We use every appropriate litigation tool to level the playing field, be it administrative proceedings, alternative dispute resolution, or court.
Build Your Business Responsibly
Different Interpretations Aren't Always Wrong
Even though a company and its in-house counsel worked diligently to comply with complex, new federal regulations, it didn't seem to matter to the government.
Play to Win and Build to Plan
One Holdout Can Punch a Hole in Your Site
When one of the largest independent power producers in the U.S. was threatened with litigation and the loss of a $7 million investment, it called Beveridge & Diamond.
Pressures Build on the Bottom Line
Strike the Right Strategy & Turn the Tables
Plans for a mega-mall centered around property already being used for an oil terminal. The developer went after the land, and government officials agreed to condemn the terminal.
Tap into Sound Science
Politics Muddy Drinking Water Standards
Ready to enact new safe drinking water standards, a government agency received research from a panel of renowned scientists. But instead of adopting the group's recommendations, the government ignored the research and adopted a regulation based on a politically motivated rationale.
Your Future Is in Jeopardy
Ensure Your Future by Uncovering the Facts
When a mother claimed her child had fallen victim to lead-based paint poisoning in their apartment, the risks to all parties were frightening.
Protect Your Company & the Environment
Avoid the Natural Resources Damages Undertow
Three different businesses. All dealing with natural resources damages (NRD) claims. And another thing in common. At a critical point, they each finally called Beveridge & Diamond.
Arbitrate to Speed Up and Straighten Out
Delays and Budget Overruns Upset Contracts
A chemical company designed an efficient, environmentally friendly way to create its products. The process was innovative and untested.
Government Inaction Means No Protection
Seek Refuge by Compelling Authorities to Act
Meant to aid migrant workers with their housing needs, a federal program loaned money to farmers to build no-cost lodging.
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