Kahn

Adam P. Kahn

Partner
Boston

I solve our clients’ most complex energy, environmental, permitting, and siting challenges.

Adam Kahn is a leading practitioner in environmental and energy law matters. He works on renewable and conventional energy issues, complex project siting and permitting, environmental and energy disputes, environmental compliance, corporate and real estate transactions, and remediation and redevelopment of contaminated property.

Adam practices environmental and energy law at local, regional, state, national and international levels. He works on renewable and conventional energy issues, complex project siting and permitting, environmental and energy disputes, energy and environmental regulatory matters, environmental compliance, corporate and real estate transactions, and remediation and redevelopment of contaminated property. As a key member of the firm's Energy & Climate Group, he has a particular specialty with regard to renewable energy projects, including offshore wind farms and related transmission, solar generation projects, hydroelectric developments, energy storage, and emerging technologies. His practice also includes climate change resiliency and adaptation, greenhouse gas emissions, environmental sustainability and environmental corporate social responsibility. Adam has represented clients in the arena of international environmental law, including representing states before the International Court of Justice in The Hague. For eight years, Adam served as Co-Managing Partner of Foley Hoag LLP.

Education

  • Harvard Law School, J.D., magna cum laude, 1992
  • Brown University, A.B., magna cum laude, 1987

Bar and Court Admissions

BAR ADMISSIONS
  • Massachusetts
  • New York
COURT ADMISSIONS
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals for the First Circuit

Experience

ENERGY FACILITY EXPERIENCE
  • Represents developers, owners, and investors of generating and storage facilities with respect to project acquisitions, dispositions, and financings.
  • Successful energy and environmental permitting and related appeals for the 800 MW “Vineyard Wind” project, the first large-scale offshore wind farm in North America. 
  • Energy and environmental permitting and related issues for the 804 MW “New England Wind I” offshore wind project, and for a proposed “New England Wind 2” project off the coast of Massachusetts.
  • Relicensing of a 1,200 MW pumped storage and traditional hydroelectric development in New England and related appeals.
  • Represented owners of a 676 MW pumped storage and traditional hydroelectric project \located in New England in a appeal of a key approval for the project.
  • Environmental permitting, due diligence, transactional and compliance matters for dozens of solar power generating facilities.
  • Represents The Nature Conservancy with respect to the acquisition and planned decommissioning of four utility scale hydroelectric projects in Maine.
  • Advises parties with regard to onshore and offshore electric transmission infrastructure, including multiple developers of proposed HVDC undersea and underground electric transmission lines in the northeastern US.
  • Represented owners and operators of combined cycle generation facilities, including initial permitting, expansions and ongoing compliance, transactional and enforcement advice.
  • Represents owners and operators of storage, hydropower, fuel cell, solar, biomass, waste-to-energy, distributed generation, combined heat and power, traditional thermal energy, emergency backup and landfill gas generating facilities with regard to project development, permitting, environmental compliance, and enforcement matters.
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. Represented an owner of a 1,200 MW nuclear power facility in related proceedings before the Massachusetts Department of Public Utilities.
  • Represented the owner of a chemical manufacturing facility in West Virginia in claims against prior owners and operators with regard to PCB contamination. After trial and as affirmed by the 2nd Circuit, the court awarded our client 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 numerous electric generating, waste-to-energy, biomass, chemical manufacturing and mining facilities across the United States in the northeastern United States against federal Department of Justice and state Attorneys General claims under federal and state clean air acts.
  • Represented a combined cycle electric power generating facility in an enforcement matter pertaining to compliance with applicable Regional Greenhouse Gas Initiative measurement and reporting requirements.
  • Represents numerous clients in single and multi-party superfund enforcement and litigation actions.
  • Represents clients in disputes over liability and appropriate response to PFAS compounds.
  • 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.
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.
  • Represents municipalities or redevelopment authorities across Massachusetts, in the acquisition, remediation, sale and redevelopment of former industrial properties for school, medical, residential, commercial, park, transportation and industrial use.
  • Represents 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.
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.
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. Colombia, 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.

PROFESSIONAL EXPERIENCE
  • Environmental Scientist at Environ Corporation (now part of Ramboll) prior to law school

Other Publications

FOLEY HOAG ALERTS & UPDATES
  • Massachusetts Legislature Passes Permit Extension Act As Part of Economic Development Legislation (August 3, 2010)
  • EPA Proposes Transport Rule to Address Interstate Air Pollution (July 13, 2010)
  • National Cap-and-Trade Legislation Passes the House: At 1,428 Pages, Nearly Something for Everyone (July 1, 2009)
  • Supreme Court Decision Gives New Hope to Defendants in Superfund Cases (May 6, 2009)

Honors & Involvement

HONORS
  • Chambers USA: recognized as a "Band 1" Massachusetts Environmental Lawyer (2003-2026)
  • Elected a Fellow to the American College of Environmental Lawyers (2014 to present); Board of Regents (2018 - 2021)
  • Best Lawyers
    • Environmental Law (2012-2027)
    • Litigation - Environmental (2012-2027)
    • Land Use and Zoning Law (2026-2027)
    • Boston Environmental Law Lawyer of the Year (2022)
    • Boston Litigation - Environmental Lawyer of the Year (2015, 2018, 2021)
  • Lawdragon:
    • 500 Leading U.S. Environmental Lawyers
    • 500 Leading U.S. Energy Lawyers 
    • Green 500: Leaders in Environmental Law 
  • Lexology Rankings
    • Thought Leaders - Environment & Climate Change (2023-2026)
    • Thought Leader - USA Environment (2023-2026)
    • Client Choice - Environment & Climate (2026)
    • Highly Recommended - Environment & Climate Change (2023-2026)
  • Massachusetts Super Lawyers: Environmental Law (2004-2026)
  • Practice Law Company: "Leading" practitioner in PLC's Cross-Border Environmental Handbook
INVOLVEMENT
  • Commissioner, Brookline Conservation Commission (1999 to 2007)
  • Director, JMR Barker Foundation (2015 to present)
  • Member, Board of Directors, Spoonfuls Inc. (2018 to present)

Speaking Engagements

  • Frequent speaker on a variety of environmental, energy and legal profession matters