Land Use and Environmental Law

When imposing land use and zoning ordinances, municipalities must balance the expectations of landowners to reasonably utilize properties for residential, commercial or industrial purposes with restrictions that ensure that uses will not adversely affect neighboring properties or the public at large. Restrictions that are too onerous will often prove unworkable, will lead to unnecessary legal challenges, and may conflict with other governmental objectives. Careful drafting of ordinances can help avoid these conflicts and minimize potential litigation costs. Ben has represented individuals, businesses, cities and towns in land use, zoning matters and municipal enforcement matters. Ben also handles local permitting for new commercial developments, including variance requests, zoning and permitting applications, and contract zoning (a/k/a spot zoning applications).

Ben also works on a wide variety of environmental and energy matters before state regulators, offering clients strategic advice in the negotiation of agreements, including administrative consent agreements on enforcement actions, permitting applications, and in judicial proceedings.

When representing parties in regulatory and permitting matters, Ben leverages his knowledge of land use and environmental law and his litigation experience to obtain the most cost-effective solution to address the clients’ needs.

A few representative matters include the following:

• Assisted various businesses in connection due diligence and review of state and local laws in connection with property acquisitions and permitting approvals for private developments.
• Negotiated environmental covenant with deed restrictions and no further action assurance with the Department of Environmental Protection pertaining to a site containing potentially contaminated soils.
• Represented a non-profit corporation and intervenor to a petition by Central Maine Power Company for a certificate of public convenience and necessity for a 200+ mile HVDC transmission line and associated AC upgrades before the MPUC and before the Maine Land Use Planning Commission and Department of Environmental Protection.
• Represented a private builder and developer in an enforcement matter before the Department of Environmental Protection that involved questions of law and fact pertaining to Maine’s Natural Resources Protection Act (NRPA), including, the suitability of compensation for lost resource functions associated with certain wetland areas, negotiated in lieu fee arrangement.