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Kenneth Francis Whittaker

Kenneth Francis Whittaker

Practice areas:

Environmental / Natural Resources, Administrative Law, Litigation, Construction / Development

About Me

My work as an environmental attorney follows almost two decades of experience as a doctoral level environmental engineer, program mananger and senior technical consultant for several national environmental consulting firms. I am a former Licensed Professional Engineer in seven states and have lectured nationwide on matters related tyo the treatment and disposal of hazardous and industrial chemicals and waste materials.  With an undergraduate degree in chemistry, and graduate degrees in civil and environmental engineering, I'm able to bring a sophisticated understanding of both technical concepts and industrial practice and procedure to the application of the law in environmental matters. This understanding of technical issues and engineering constraints has been particularly valuable in issues related to contaminated site redevelopment, energy matters,industrial facility compliance assessment and, in some cases, enforcement defense and litigation.. I'm also very interested in land and wetlands preservation and have authored numerous articles on wetlands law and regulation. My clients have ranged from pro bono assistance to individual homeowners on a fixed incom, to small commercial enterprises seeking to take advantage of borownfields development opportunities and multi-national manufacturing, petrochemical and agribusiness clients defending agiainst remedial demands under state and federal Superfund statutues.

Specialties:Application or defense of enforcement actions involving federal and state statutes and regulations regarding air, water and hazardous waste pollution and site clean-up. Experienced in all phases of of environmental compliance and investigation involving real property evaluation and re-development including environmental insurance, due diligence, wetlands assessment and land use permitting. Increasingly active in energy facilities siting and in climate change-related permitting and assessment.  I also have extensive experience in matters related to environmental litigation and cost-recovery claims.

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Practice Areas

Licensed since 1998

  1. Environmental / Natural Resources: 40%
  2. Administrative Law: 30%
  3. Litigation: 20%
  4. Construction / Development: 10%

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Contact Info

Bernkopf Goodman LLP

Two Seaport Lane
9th Floor
Boston, MA, 02210

Resume

License
StateStatusAcquiredUpdated
MAActive199804/14/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Awards
Award NameGrantorDate Granted
MemberOrder of the Coif1998
Justinian Honorary Law Society MemberJustinian Society of Lawyers1997

Work Experience
TitleCompany NameDuration
PartnerBernkopf Goodman, LLP2012 - Present
PartnerGonzales Saggio & Harlan, LLP2010 - 2012
PartnerYoss, LLP (Formerly Adorno & Yoss, LLP)2005 - 2010
AssociateMcRoberts & Roberts, LLP2001 - 2005
AssociateGoodwin Procter1998 - 2001

Associations
Association NamePosition NameDuration
Town of Wenham, Board of SelectmanChairman2013 - Present
Massachusetts Association of Conservation CommissionsFormer Executive Committee Member; Vice President2006 - 2012
Boston Bar Association, Environmental Law Section, Steering CommitteeFormer Co-chair, Hazardous Waste Section2004 - 2005

Legal Cases
Case NameOutcome
Defense of Major Oil Company in Remediation Cost Recovery ActionPlaintiff's Claims Dismissed Upon Summary Judgment
Breach of Contract Claims and Improper Solid Waste DisposalSuccessful jury verdict for Plaintiff client.
Adminsitrative Actions, Certiorari ClaimsVariable

See all Legal Cases 

Publications
Publication NameTitleDate
Massachusetts License Site Professional Association NewsletterGuidance vs. Regulation: Where Do The Lines Cross?2013
Banker & TradesmanLawsuits On Stormwater Treatment Systems May Impact Developers' Plan2012
New York State Bar JournalChallenges of the Hybrid Attorney-Engineer1996
John Wiley PublishersWorking With Environmental ConsultantsN/A
MACC News QuarterlyThe Basics of Limited ProjectsN/A
MACC News QuarterlyU.S. Supreme Court Constrains Federal Clean Water Act EnforcementN/A

Education
School NameMajorDegreeGraduated
Syracuse University College of LawN/AJD - Juris Doctor, Summa Cum Laude1998
Purdue UniversityEnvironmental EngineeringPhD - Doctorate1980
University of FloridaN/AMasters of Engineering1976
University of VermontChemistryBA - Bachelor of Arts, Cum Laude1972

Speaking Engagements
Conference NameTitleDate
Environmental Seminar Breakfast SeriesChapter 21E Cleanup Program and Brownfields Incentives2013
Annual ConferenceWetlands Administrative Appeals2013
Masschusetts Environmental Law SeminarMassachusetts Hazardous Waste Law2012
MACC Annual Environmental ConferenceMassachusetts Wetlands Law2012
Stafford Legal WebinarAllocating Environmental Risk in Real Estate Transaction2011