A property has a Chapter 21E release. MassDEP sent a Notice of Responsibility. MEPA review needs to be threaded for a redevelopment. The Conservation Commission denied a wetlands order. PFAS sampling at a site triggered new exposure. The firms below handle MassDEP enforcement, brownfields and tax credits, federal CWA and CAA, wetlands, MEPA, energy permitting, and cost-recovery litigation among PRPs across Massachusetts.
Updated August 9, 2025
Massachusetts has one of the most developed state environmental regulatory regimes in the country. The state's Chapter 21E cleanup statute, administered through the Massachusetts Contingency Plan (MCP) and the Licensed Site Professional (LSP) program, runs in parallel with federal CERCLA but is more procedurally demanding on owners, operators, and developers. The MEPA process supplements federal NEPA review for state-involved projects. The Wetlands Protection Act (M.G.L. c. 131 § 40) is enforced by 351 city and town Conservation Commissions in Massachusetts plus MassDEP, making local procedural knowledge essential. The result: Massachusetts has one of the deepest, most specialized environmental bars in the U.S., concentrated in Boston.
Six categories of work bring Boston businesses to environmental counsel. First, transactional environmental — Phase I and Phase II due diligence advice on commercial real estate acquisitions, environmental risk allocation in purchase agreements, environmental insurance (PLL, secured creditor), and AUL structuring at closing. Second, MassDEP enforcement — Notices of Responsibility, Administrative Consent Orders, Section 99 demand letters, and penalty negotiations. Third, MEPA and permitting — Environmental Notification Forms, Environmental Impact Reports, Chapter 91 waterways licensing for any work near the harbor or Boston's coastal areas, MassDEP wetlands appeals. Fourth, cost recovery and contribution — 21E cost recovery actions among potentially responsible parties, allocation among generators at landfill sites, and CERCLA litigation in federal court. Fifth, climate and energy — solar siting, offshore wind permitting issues, EV infrastructure permitting, energy storage siting under the Energy Facility Siting Board. Sixth, emerging issues — PFAS, environmental justice (under the 2021 climate roadmap law), ESG disclosure, and TSCA compliance for industrial facilities.
Massachusetts gives developers two important incentive tools at contaminated properties: the Brownfields Tax Credit and the Brownfields Covenant Not to Sue Agreement (BCA). Used together, they have driven significant redevelopment of former industrial sites across Boston, Lowell, Lawrence, New Bedford, and Worcester. The applications are technical, and the gating eligibility decisions need to be made before acquisition closing — not after. Engage Boston environmental counsel at letter-of-intent stage on any contaminated-property deal.
For ongoing operations, build a relationship with environmental counsel before the regulator calls. Boston firms can run a compliance audit, structure an internal investigation under privilege, prepare for an inspection, and dramatically reduce the size and visibility of any enforcement that follows.
Boston-headquartered firm with a Chambers Band 1 environmental practice in Massachusetts going back over two decades. Wide-ranging practice including 21E and CERCLA cost-recovery litigation, MEPA, permitting, brownfields, environmental crimes, PFAS, climate and energy, environmental insurance recovery, and complex multi-PRP allocation work. Default short list for the largest and most complex Boston-area environmental matters.
One of the pre-eminent firms in New England. Boston office handles MassDEP enforcement, 21E, MEPA, wetlands, air and water permitting, energy facility siting, and brownfields redevelopment. Strong fit for owners, developers, and industrial operators with multi-state New England portfolios.
Boston firm focused on environmental law, land use, energy, and related litigation since 1975. Handles MassDEP enforcement, Chapter 21E, Wetlands Protection Act appeals before Conservation Commissions and MassDEP, MEPA, permitting at the local and state level, and commercial real estate with environmental dimensions. Strong fit for projects that don't need a national firm's footprint and benefit from senior, focused attention.
Boston-headquartered national firm. Environmental practice handles MassDEP and EPA enforcement, MEPA, Chapter 91 waterways, brownfields redevelopment and tax credit work, energy and storage siting, ESG disclosure, and PFAS exposure. Frequent counsel for technology, biotech, manufacturing, and real estate clients with Massachusetts environmental footprints.
Phase I / Phase II diligence review (transactional). $5,000-$25,000 for legal review and risk allocation in the purchase agreement. Engineering ESA cost separate.
Chapter 21E reporting + LSP engagement coordination. Legal coordination: $15,000-$60,000 through Permanent Solution Statement on a moderate-complexity release. LSP costs separate and often substantially higher.
MassDEP enforcement defense (NOR through penalty resolution). $50,000-$300,000 depending on alleged violations, exposure, and willingness to negotiate.
MEPA + state/local permitting. ENF through Secretary's certificate: $25,000-$80,000. ENF plus full EIR: $75,000-$300,000+. Chapter 91 license: $15,000-$60,000. Wetlands Order of Conditions and appeal: $10,000-$60,000.
Brownfields tax credit / BCA application. $15,000-$50,000 per application.
21E cost recovery action. $200,000-$1.5M+ through trial in Superior Court, depending on number of PRPs, allocation complexity, and discovery scope.
CERCLA federal action. $300,000-$3M+ through trial in the District of Massachusetts.
Hourly rates. Top-tier Boston environmental: $625-$1,250. Mid-market: $475-$795. Boutique: $395-$675.
21E reporting: 2-hour and 72-hour reporting deadlines for sudden releases. Site Classification within 120 days of release notification.
MCP cleanup to closure: 1-5 years typical from release notification to Permanent Solution, depending on contaminant complexity, hydrogeology, and whether an AUL is used.
MEPA review: ENF + Secretary's certificate: 3-6 months. ENF + EIR cycle (Draft EIR, Final EIR, Secretary's certificate): 9-24 months.
MassDEP enforcement: NOR through penalty resolution typically 6-18 months. Administrative Consent Order negotiation often 3-9 months.
Wetlands Order of Conditions: Conservation Commission decision typically within 21 days of public hearing. Superseding Order at MassDEP within 70 days.
21E cost recovery action: 24-48 months from filing to trial in Superior Court for typical multi-PRP allocation cases.
Tell us briefly about the site, the regulator, or the project. We route a confidential request to the best-fit Boston firm in our directory.