Bio
For nearly two decades, Ben has brought environmental cases on behalf of States, municipalities, and other government entities, as well as injured individuals. He has worked on some of the most notable cases in this area of law. Ben represented the state of New Hampshire from 2003-2016 in litigation against major oil companies for statewide contamination of the state’s waters with the chemical and gasoline additive MTBE. He helped obtain settlements of $136 million from approximately a dozen defendants prior to or at the commencement of trial and participated in the three-month trial against ExxonMobil which resulted in a $236 million jury verdict against ExxonMobil. The jury verdict was affirmed on appeal by the New Hampshire Supreme Court. Ben also worked on such notable cases as Connecticut v. American Electric Power Company and Native Village of Kivalina v. ExxonMobil Corporation.
Ben represents states and cities against 3M and DuPont for pollution of land and waters with PFAS that are commonly known as the “forever chemicals.” He represented New Hampshire in litigation against Monsanto for pollution of state waters with PCBs in a case that settled and has litigated a case against Sherwin-Williams for toxic pollution caused by the largest paint manufacturing facility in the world.
Ben also represented the Sierra Club, the Natural Resources Defense Council, and the Environmental Defense Fund against the automobile industry in cases that upheld state greenhouse gas laws in California, Vermont, and Rhode Island. As part of the multi-week Vermont trial in which the court upheld Vermont’s state greenhouse gas law, Ben played a significant role in preparing evidence and cross-examination. Prior results do not guarantee or predict a similar outcome with respect to any future matter.
Education
2003, Juris Doctor
Boston College
1999, Bachelor of Arts, summa cum laude
Canisius College
Languages
Spanish
Admissions
- Massachusetts
- District of Massachusetts
- District of Vermont
- First Circuit
Memberships & Associations
- American Bar Association
- Massachusetts Bar Association
- American Association for Justice
Notable Cases
- State of Vermont v. 3M Co., 2023 WL 2993274 (Vt. Super. Ct. Feb. 16, 2003). The court granted the state of Vermont’s motion in limine to limit Vermont’s PFAS case to 7 PFAS chemicals and preserved the state’s ability to address other PFAS in a future case.
- State of Vermont v. 3M Co., 2020 WL 13368654 (Vt. Super. Ct. May 28, 2020). The court denied defendants’ motion to dismiss the state of Vermont’s claims for public nuisance, private nuisance, and design defect in a case concerning PFAS contamination of state lands and waters.
- State of Maine v. 3M Co., 2024 WL 5108356 (Me. B.C.D. Dec. 12, 2024). The court denied the DuPont defendants’ motion to dismiss on standing grounds and as to the state’s claims for public nuisance, private nuisance, and negligence in a case concerning PFAS contamination of state lands and waters.
- State of Maine v. 3M Co., 2024 WL 5108255 (Me. B.C.D. Dec. 12, 2024). The court denied 3M’s motion to dismiss for lack of injury and causation, and as to the state’s claims for public nuisance, private nuisance, and negligence in a case concerning PFAS contamination of state lands and waters.
- Rhode Island v. Atl. Richfield Co., 357 F. Supp. 3d 129 (D.R.I. 2018). The court denied a motion to dismiss tort claims in a lawsuit by Rhode Island for statewide contamination of the state’s waters with the chemical and gasoline additive MTBE.
- State of New Hampshire v. Exxon Mobil Corp., 126 A.3d 266 (N.H. 2015). The court affirmed a jury verdict of $236 million in favor of New Hampshire for statewide contamination of the state’s waters with the chemical and gasoline additive MTBE.
Awards
Lawdragon Green 500: Leaders In Environmental Law, 2023-2025
Ben was chosen for inclusion on Lawdragon’s 2023-2025 lists of Lawdragon Green 500: Leaders in Environmental Law.
Community Involvement
- Host Committee member for United South End Settlements (South End, Boston) 2025 Annual Gala
- Vice chair, Board of Trustees of Ellis Early Learning
- President, Board of Directors, Transportation Children’s Center (2016-2017)
Scholarship & Leadership
- Coauthor, “Behind the Curve: The National Media’s Reporting on Global Warming,” 33 Boston College Environmental Affairs Law Review 485, 2006
- Coauthor, “Global Warming As A Public Nuisance: Connecticut v. American Electric Power,” 16 Fordham Environmental Law Review 407, 2005
- Author, “Comment: Combating Urban Sprawl in Massachusetts: Reforming the Zoning Act through Legal Challenges,” 30 Boston College Environmental Affairs Law Review 605, 2003