The U.S. Congress recognized the environmental and economic importance of coastal areas by adopting the Coastal Zone Management Act, the Clean Water Act, the Rivers and Harbors Act, the Coastal Barriers Resources Act, and the National Flood Insurance Act, among others, to manage and regulate coastal development activities such as filling and dredging coastal waters and wetlands or constructing seawalls, docks, pilings, and bulkheads for coastal waterfront property owners, marinas, and ferry terminals. Coastal zone states and municipalities have also adopted their own laws and regulations that apply to coastal development activities.
An interdisciplinary alliance of lawyers, environmental analysts, and lobbyists from the firm's environmental, land use, real estate, construction, governmental relations, utility, public finance, and corporate law practices work together to advise the firm's clients on coastal management, permitting, and policy issues and to assist them in obtaining municipal, state, and federal coastal permit approvals for new construction and water-dependent projects and for ongoing business operations. We also help our coastal clients defend enforcement actions and resolve littoral and riparian rights disputes.
Represented shorefront property owner in application to Connecticut Department of Energy and Environmental Protection for permit to rebuild house damaged by Hurricane Irene. Successfully argued that client's house had predated the passage of coastal management statutes in Connecticut and was thus eligible for permit under the simpler certificate of permission program.
After client was served with a notice of violation from the Connecticut DEEP for maintaining what it considered an unauthorized marina, negotiated a resolution that allowed the client to operate the property as a fully licensed marina, without penalties or fines. Also drafted cross easements to allow the marina to operate in the littoral area of an abutting waterfront residential property and to allow the residential property owner to use one of the marina's slips.
Represented developer of 127-unit active adult residential community on 10 acres of waterfront land in contested hearing before Connecticut DEEP on the issuance of a permit to allow on-site community sewerage system using alternative wastewater treatment technology, ultimately securing the necessary permit in the end.
Successfully represented marina before Connecticut DEEP to oppose proposed expansion of neighboring marina that would have impeded access to client's marina.
Represented client in all aspects of due diligence, risk management, permitting, site remediation, the transaction, and development of a $250 million global development facility.