Adam P. Kahn

Representative Experience

Energy Facility Experience

• Represents off-shore wind developer with regard to energy and environmental permitting for the first large-scale off-shore wind farm and related transmission facilities in North America, including before the Massachusetts Energy Facilities Siting Board in Vineyard Wind, LLC (Massachusetts EFSB 17-05), the Massachusetts Environmental Policy Act office, and other state, regional, and local authorities.
• Represented an owner of a combined cycle electric generating facility with regard to energy and environmental approvals needed to authorize a major expansion in capacity. Milford Power LLC (Massachsuetts EFSB 17-04).
• Represented an importer of liquefied natural gas and owners of electric power generating facilities in Massachusetts Department of Public Utility and litigation matters relating to financing of gas pipelines by electric ratepayers. ENGIE Gas & LNG LLC v. Department of Public Utilities, 475 Mass. 191 (2016); and Massachusetts Department of Public Utilities Dockets 15-181 and 16-05.
• Represented the developer of a proposed HVDC undersea electric transmission line with regard to environmental, permitting and siting matters.
• Represents the owners of a 1,200 MW pumped storage and traditional hydroelectric facility on the environmental aspects of a FERC relicensing process. FirstLight Power Resources, Turners Falls Hydroelectric Project (FERC No.1889) and Northfield Mountain Pumped Storage Project (FERC No. 2485).
• Represents the owners, operators, developers, or EPC contractors for dozens of solar power generating facilities with regard to environmental permitting, due diligence, transactional and compliance matters.
• Represented many developers of fossil fuel generation facilities in the northeastern United States in environmental permitting and facility siting matters. For example, US Generating (Millennium Power), EFSB 96-4. 
• Represented a Canadian owner of hydroelectric facilities in obtaining approvals to expand a 600 MW pumped storage generating facility. Bear Swamp Power Company, LLC (EFSB Advisory Opinion, June 2008). 
• Represented a developer in siting, permitting, and related litigation for a proposed 47 MW woody biomass facility.
• Regularly advises owners and operators of natural gas, hydropower, coal, oil, fuel cell, solar, waste-to-energy, distributed generating, combined heat and power, emergency backup and landfill gas generating facilities with regard to transactional, project development, permitting, environmental compliance, and enforcement matters.  
• Represented multiple owners of fossil fuel generating facilities with regard to thermal emissions and entrainment/impingement issues under the Clean Water Act, New Source Review under the Clean Air Act, and similar "bet the facility" issues.
• Represents clients with respect to the creation and sale of carbon and emission-related credits.

Domestic Litigation and Enforcement

• Represented a supplier of liquefied natural gas before the Massachusetts Supreme Judicial Court in obtaining a determination that the Department of Public Utilities lacks the authority to approve electric ratepayer financing of gas pipelines. ENGIE Gas & LNG LLC v. Department of Public Utilities, 475 Mass. 191 (2016).
• Represented the owner of a chemical manufacturing facility in West Virginia in claims against prior owners and operators with regard to PCB contamination. MPM Silicones, LLC v. Union Carbide Corporation (N.D. New York, 2018). After trial, the court awarded MPM 95% of its removal costs.
• Represented an owner of an electric power generating facility in a federal criminal environmental matter in the northeastern United States relating to the operation of air emissions monitoring equipment.
• Represented the owner of one of the largest chemical manufacturing facilities in the northeastern United States against Department of Justice federal claims that the facility did not comply with federal and state clean air act requirements.
• Represented a party in litigation brought by the Department of Justice involving air emission and waste handling issues at a waste-to-energy facility located in Illinois.
• Represented the owner of a combined cycle electric power generating facility with regard to an enforcement matter pertaining to that facility’s compliance with applicable greenhouse gas measurement and reporting initiatives.
• Represented a party in litigation brought by the Department of Justice involving air emissions from two biomass plants in California.
• Represented the owners of hydroelectric facilities in Maine against citizen suits alleging that the facilities violated the federal Endangered Species Act. Friends of Merrymeeting Bay v. NextEra Energy Resources, et al. (D. Me. 2011-2013). 
• Represented the owner of a coal-fired power plant in the northeastern United States with regard to a citizen suit alleging violations of air emissions regulations.
• Represented the owners of two coal-fired power plants in the mid-Atlantic region relating to emissions monitoring and related compliance issues.
• Represented a municipality in defending its wastewater discharge permit at the EPA Environmental Appeals Board.
• Represented an owner of multiple mining facilities in a litigation brought by a state attorney general alleging multiple violations of state clean air and clean water acts.
• Represents numerous clients in single and multi-party superfund enforcement and litigation actions.
• Defended operators of institutions and industrial facilities, including recycled and virgin paper mills; asphalt, aggregate and concrete manufacturers; power plants; chemical manufacturing facilities; communications facilities; electronics manufacturers; medical device manufacturers; and others against enforcement actions brought by state and federal environmental agencies, Attorneys General, and the United States Department of Justice.
• Successfully appealed Title V operating permit conditions for a paper mill and a 345 MW electric power generating facility in New York State.
• Obtained the dismissal of claims against the owner of a 300 MW cogeneration facility relating to alleged violations of air emissions permits.
• Successfully challenged the denial of air emission reduction credits by a state environmental agency.
• Obtained a favorable decision on behalf of a chemical manufacturer in defense of environmental remediation cost recovery and property damage claims. Mystic Landing v. Pharmacia Corp., 417 F. Supp. 2d 120 (D. Mass. 2006) and 443 F. Supp. 2d 97 (D. Mass. 2006).
• Secured the disputed tax exempt status for a regional land bank commission. Martha's Vineyard Land Bank Comm’n v. Bd. of W. Tisbury, 62 Mass. App. Ct. 25 (Mass. App. Ct. 2004).
• Successfully defended local and state approvals allowing the construction of such projects as a controversial public high school, a high technology corporate campus and a private golf club. Clifford v. City of Everett, No. 03-4339 (Mass. Super. Ct. 2004), White Pine, LLC v. Massachusetts DEP, No. 99-5758 (Mass. Super. Ct. 2001), and Fitzgerald v. Vincent, No. 2001-02 (Mass. Super. Ct. 2001).

International Litigation and Arbitration

• Defended the Republic of Uruguay in an environmental challenge brought by Argentina in the International Court of Justice regarding the construction of pulp mills on the River Uruguay. Pulp Mills on the River Uruguay (Argentina v. Uruguay, 2010).
• Represented the Republic of Ecuador before the International Court of Justice regarding aerial spraying of herbicide without adequate precautions. Case Concerning Aerial Herbicide Spraying (Ecuador v. Columbia, 2013).
• Represented a sovereign state in multiple ICSID arbitrations regarding environmental issues associated with gold mining.
• Served as environmental law expert in a German arbitral proceeding relating to compliance of a manufacturing facility with U.S. environmental law.

Permitting, Compliance, and Brownfields Redevelopment

• Advises hundreds of clients on legal requirements for remediation and redevelopment of contaminated properties.
• Represents Massachusetts Development Finance Agency with respect to remediation and redevelopment of the former Fort Devens.
• Represented municipalities or redevelopment authorities in Chelsea, Everett, Worcester, Springfield, Arlington, Somerville and Malden, Massachusetts, in the acquisition, remediation, sale and redevelopment of former industrial properties for school, medical, residential, commercial, park, transportation and industrial use.
• Advised the Massachusetts Bay Transportation Authority with respect to the permitting of the Greenbush Commuter Rail Line in metropolitan Boston.
• Represented the Massachusetts Development Finance Agency in the siting of a $1.1 billion pharmaceutical manufacturing facility at the former Fort Devens.
• Obtained permits for construction of a new recycle paper mill and for a significant expansion of a major textile manufacturing facility in New Hampshire.
• Assisted developer of a 900,000 sq. ft. high tech office complex and recreational facility in obtaining needed endangered species, MEPA, and wetlands approvals.
• Obtained environmental permits for Vineyard Golf Club (Edgartown, MA) and The Bay Club of Mattapoisett (MA).
• Represents municipalities, manufacturers, and institutions with respect to regulatory closure of solid waste facilities.
• Counsels energy and industrial corporations with respect to sustainability, environmental corporate social responsibility.
• Represents multiple owners of property addressing indoor air pollution issues including those involving vapor intrusion, PCBs, asbestos and lead.
• Represents clients on federal and state endangered species act issues, including compliance with CITES, federal ESA, and state equivalent compliance.
• Prepares environmental policies and supervised compliance and “beyond compliance” audits for industrial, energy, academic, and institutional clients.
• Advises clients on strategies for compliance with the International Finance Corporation's Environmental and Social Standards, a benchmark for sustainable industrial and infrastructure.projects in the developing world.

Transactional Experience

• Represents buyers, sellers, landlords, tenants, owners, and operators in transactional matters with environmental and energy dimensions, including power plants, manufacturing facilities, commercial property, and brownfields sites.  
• Conducts due diligence, negotiates transaction terms, and obtains permits and approvals.  
• Negotiates environmental insurance policies and develops other mechanisms to limit liability and facilitate transactions. 

Professional Experience

• Worked as a scientist at Environ Corporation prior to law school