Environmental

The Offices provides a complete and wide range of services from hazardous waste to cases involving toxic torts. Our environmental practice clients includes large corporations, small companies, trusts and individuals located throughout Massachusetts.

• Hazardous waste litigation (21E)
  
• Toxic Torts
  
• Hazardous and solid waste management
  
• Remediation analysis/Litigation risk assessment
  
• Regulatory compliance/ Permit compliance strategy
  
• Clean up cost recovery
  
• EPA/DEP enforcement defense/ negotiations of consent decrees
• Activity and use restrictions/institutional controls or other deed restrictions
  
• Surface water, groundwater, and stormwater discharges and permit issues
  
• Underground storage tank ("UST") specific issues including 21J cost recovery and the new 310 CMR 80.00 requirements.

Hazardous Waste

Attorney Volkin has provided advice and guidance to clients under the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") and similar state statutes like M.G.L. c. 21E. In addition to providing litigation, negotiation, and counseling services to individual clients, he has acted as "common counsel" to groups of potentially responsible parties.

The litigation work has routinely included defending private and government cost recovery actions and prosecuting private cost recovery or allocation sharing actions under state and federal statutes from responding to the initial demand letter through trial and appeals.

The Offices also provides regulatory services including commenting on proposed remedial action plans and ensuring compliance with local, state and federal regulations and reviewing such plans for potential litigation risks.  The Offices also assists clients in their remediation by drafting and negotiating access rights with adjacent landowners, preparing activity and use limitations, and working with the Licensed Site Professional ("LSP") to ensure that the remediation is cost effective and legally compliant.  This is done while looking at mitigation of potential future litigation or issues with regulatory agencies. In cases where there is non-compliance, we have represented clients at state and federal agencies which include negotiating administrative orders on voluntary and judicial consent decrees. In addition, advice is also provided on obtaining cost recovery refunds under state statute for remediation related to underground storage tanks.

Environmental Regulation

Attorney Volkin has regularly provided advice to clients on regulatory issues impacting their property.  Whether it is reviewing or devising a permit compliance strategy, reviewing the propriety of industry based discharge limits, or identifying whether a client's property is currently operating within the confines of its permit, there are numerous issues facing businesses today when navigating Federal and State environmental regulations.  

​
Toxic Torts

Attorney Volkin has a long history of successfully assisting clients with toxic tort claims. In particular, he has significant experience in addressing asbestos, latex, lead paint, "sick building", and other exposure based claims throughout Massachusetts. The Office's goal in toxic tort cases is to simplify this complex field for its clients and minimize costs while providing a comprehensive defense.