Housatonic River Cleanup Litigation

Over nearly a decade Matt Pawa and Wes Kelman represented a group of municipalities in western Massachusetts in complex administrative litigation over a $576M federal cleanup of the Housatonic River.  General Electric had polluted the river with toxic PCBs chemicals.  The municipalities ultimately reached a settlement with GE and EPA that included a more extensive cleanup of the river and a $55 million payment from GE to PLG’s clients.  The “landmark” cleanup plan that Matt and Wes helped negotiate was sustained in toto by the EPA’s Environmental Appeals Board and by the U.S. Court of Appeals for the First Circuit.   See, e.g., Housatonic River Initiative v. U.S. EPA, 75 F.4th 248 (1st Cir. 2023).  Matt Pawa led the municipalities’ negotiating team, and Matt and Wes briefed the appeals for the EAB and the First Circuit, with Matt presenting oral argument in tandem with the U.S. Department of Justice.   Matt also argued two appeals in the EPA’s Environmental Appeals Board.  This representation required Matt and Wes to master complex scientific and engineering issues to ensure a safe and protective cleanup plan.