In Re. Brookfield Renewable Power Inc.
Jan 31, 2011OUTCOME: Decision and Order Approving Transfer of Ownership
Won order approving the transfer of ownership in a 99MW wind farm in Coos County, New Hampshire
Portland, ME
Litigation Lawyer at Portland, ME
Practice Areas: Litigation, Environmental and Natural Resources ... +4 more
OUTCOME: Decision and Order Approving Transfer of Ownership
Won order approving the transfer of ownership in a 99MW wind farm in Coos County, New Hampshire
OUTCOME: Won Modification of Commissioner's Order
In the the largest environmental enforcement action in Maine, won an order modifying a Maine Department of Environmental Protection Compliance Order to excavate, transport, and dispose of the waste con ... tained in 5 hazardous waste landfills at a former chlor-alkali plant a cost of $250MM. The Board of Environmental Protection agreed to allow 3 landfills to remain in place.
OUTCOME: Won Motion to Dismiss
The plaintiff, a steel fabricator, filed a lawsuit against our client for alleged failure to disclose an environmental condition requiring an alleged several million dollars in remediation costs. The ... seven count complaint alleged fraud, unfair trade practices, breach of contract, and other claims. In advance of costly discovery and prior to trial we convinced the Court that the plaintiff's claim had no merit -- achieving early and final dismissal of the case.
OUTCOME: Notice of Sole Source Aquifer Determination
Won decision by U.S. EPA to designate Conannicut Island, Rhode Island as a sole source aquifer under the Clean Water Act as published in 73 Fed.Reg. 47599 (Aug. 14, 2008) on behalf of citizens group.
OUTCOME: Affirmed in Part Reversed In Part
Our client, the City of Augusta, Maine, won reversal on appeal of the trial court's decision declaring that the First Amendment requires that a parade ordinance contain an exception to otherwise valid ... fees for indigent street marchers. The court affirmed the finding that the parade fee actually charged was excessive by $478.55. The plaintiffs asked that the U.S. Supreme Court review the case, but the high court declined.
OUTCOME: Award in Favor of Plaintiff
Our clients, husband and wife, pursued a claim for negligence and breach of fiduciary duty against their financial advisors for investment recommendations and other conduct. A three member panel of ar ... bitrators entered an award in our favor in the amount of $419,000.
OUTCOME: Judgment Affirmed In Part Vacated In Part
Our client, the largest newspaper publisher in the State of Maine, sought access to criminal investigatory records turned over by the Catholic Diocese to the Maine Attorney General related to accusatio ... ns of priest sex abuse. The Maine Supreme Judicial Court affirmed the trial court's order that the investigative records be disclosed, subject to redaction of the names and other identifying informatin of living persons identified in the records.
OUTCOME: All Claims Dismissed
Plaintiff, a prominent chef, alleged that a newspaper article relating to his business was defamatory. The court determined that the New York statute of limitations applied and, accordingly, that plai ... ntiff's claims were time barred.
OUTCOME: Appeal Granted
In an appeal from denial of access to a report concerning an investigation into a prisoner suicide at the Kennebec County Jail, we represented a newspaper in lawsuit requesting that the Court grant acc ... ess to the report. After a review of the report in chambers and based on our arguments, the Court agreed that the report was not a confidential personnel record and ordered that the Department of Corrections make the report available to our client and the public.
OUTCOME: Favorable Judgment Affirmed on Appeal
Our client, the residual beneficiary of an estate, won a claim asserting that the personal representative had breached her fiduciary duty. The trial court found that the personal representative "syste ... matically and intentionally abused her authority by grossly overcharging the Estate for personal gain wherever and whenever she could," and that, consequently, she had breached her fiduciary duty. The Maine Supreme Judicial Court affirmed on appeal, finding that the personal representative had to reimburse the estate for the full amount of the overcharge notwithstanding that certain beneficiaries had previously signed a release.