Wetlands

We have experience representing citizens seeking to protect inland wetlands from destruction and illegal development activity. Edward V. O'Hanlan, one of our land use attorneys, successfully argued before the Connecticut Supreme Court in 2007 to uphold the rights of private citizens, in addition to municipal officials and agencies, to enforce local inland wetlands regulation to stop illegal activity and destruction of valuable wetland resources.
    • Experience
      • Represented Aggregate Industries in connection with sale of
        surplus real property located in Worcester, Massachusetts including drafting and negotiating purchase and sale agreement with blanket releases from Buyers as to environmental matters and all other sale documentation for 74,000 sf of property in Worcester, MA to CSX Transportation, Inc. Concurrently with that negotiation, we also handled Aggregate's defense and all responses to eminent domain
        proceedings initiated by CSX through Department of Public Utilities to ensure that its property acquisitions for new depot facility in Worcester would occur in a timely manner. The Worcester property was sold in November 2010 to CSX Transportation, Inc., followed shortly thereafter by dismissal of the DPU proceeding.

      • Represented owner of land along tidal creek bordered by deteriorating wooden bulkhead. Small tidal wetlands area with limited ecological value had developed behind the bulkhead in areas where the land had eroded due to stormwater runoff and tidal-influenced erosion. Client obtained permit from Connecticut Department of Energy and Environmental Protection to reconstruct bulkhead, fill tidal wetlands behind bulkhead, and plant a new wetland area, which would allow the property to be subdivided into two buildable lots.
      • Represented a concrete manufacturer in federal court litigation involving environmental (RCRA citizens suit), wetlands issues, and NPDES permitting.

      • Successfully represented waterfront homeowners before Connecticut DEP to oppose permitting of neighbor's unauthorized dock that encroached homeowners' littoral rights and caused serious damage to tidal wetlands.
      • Represented limited liability company that owned waterfront land in residential area. Client sought to obtain a permit to install a dock on its land from Connecticut Department of Environmental Protection. Neighbors mounted a vigorous opposition to the dock and forced DEP to hold a public hearing on the application. Represented client throughout public hearing process, including prehearing conferences and through hearing itself. Successfully opposed neighbors’ attempt to intervene as parties in the hearing. Obtained agreement of DEP staff to submit joint proposed findings to hearing officer and secured permit for client shortly after the hearing was concluded.
      • Successfully assisted waterfront homeowner in effort to have Connecticut DEEP reverse its position and allow a longer dock at homeowner's property.

      • Successfully represented waterfront owners, developers, and marinas before state agencies, including contested cases, related to permits and approvals for docks and other structures. 

      • Defended marina owners and operator from Notice of Violation issued by the Connecticut DEEP and successfully negotiated resolution that permitted all existing structures.

      • Utilities and Telecommunications

      • Represents Verizon Wireless in regulatory proceedings before the Connecticut Siting Council and municipal agencies in connection with wireless telecommunications facilities.
      • Other Experiences

      • Represented telecommunications company before local boards in connection with controversial communications tower projects.
      • Represented client before local boards in permitting for the installation of wireless communications antennae and equipment on new and existing structures.
      • Acted as environmental permitting counsel to a public ferry operation in securing state and federal permits for the expansion of a coastal ferry terminal.
      • Represented client in all aspects of due diligence, risk management, permitting, site remediation, the transaction, and development of a $250 million global development facility.

      • Represented owner of a 46-acre municipal solid waste landfill required to close landfill, construct cap, install landfill gas collection and treatment system, perform groundwater zone of influence study, prepare wetlands mitigation program, and obtain all related air, water, solid waste, and wetlands permits and approvals.

      • Obtained federal, state, and local permits for a 1.3 million-square-foot distribution center in Bloomfield, CT.
      • Represents a leading telecommunications company on matters relating to preacquisition due diligence, development permitting, including prosecuting and defending appeals in federal and state courts, regulatory policy, and compliance for sites in Massachusetts and elsewhere.
      • Served as special counsel under the direction of the New Jersey Attorney General's office to the New Jersey Meadowlands Commission (formerly known as the Hackensack Meadowlands Development Commission), an agency of the State of New Jersey which owns, or will acquire, an area in excess of 1,000 acres.
      • Represented Aggregate Industries in connection with sale of surplus real property located in Saugus, Massachusetts, including drafting and negotiating purchase and sale agreement with blanket releases from Buyers as to environmental matters and all other sale documentation for 50,000 sf of land located in Saugus, MA to Melrose Storage Facility. In addition, we handled defense of zoning enforcement action with respect to temporary storage uses during the pendency of the sale.

      • Utilities and Telecommunications

      • Represents Verizon Wireless in regulatory proceedings before the Connecticut Siting Council and municipal agencies in connection with wireless telecommunications facilities.
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    • News
      • January 26, 2015

        Land Use Lawyer Publishes Article for APA Publication

        • » more info
      • December 11, 2014

        Robinson+Cole’s New London Office Moves Across Town

        • » more info
        • View article
    • Publications + Presentations
    • "The View from the Shore - Regulation as Far as the Eye Can See," published in New England Real Estate Journal, authored by John P. Casey (5/18/2012)

      "A Potpourri of Hot Topics: A Spicy Mix of Land Use Issues," presented at Connecticut Bar Association seminar on the latest topics in land use law, co-presented by John P. Casey and Timothy D. Bates (10/22/2010)

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