Donald D. Cooper

My focus

 I have a broad-based environmental and land use law practice. In the past several years, I have been active on energy transmission and generation projects including utility scale solar facilities and permitting and zoning for three major electric transmission projects. Energy facilities located on brownfields are projects I am particularly interested in, and I have had success in permitting and managing risk on them.

I have an active litigation practice focusing on land development issues including construction disputes, zoning matters and environmental litigation. My construction practice includes advising construction firms and contractors, as well as owners and developers on construction contract issues. I have been a witness on zoning issues before utility regulatory authorities and regularly represent clients in zoning disputes at the municipal level and in court. My environmental litigation experience includes hazardous waste litigation, both for plaintiffs and for the defense. I have defended clients in every major superfund landfill case in New England including defending numerous clients in the Beede Waste Oil site superfund case. 

I have permitted numerous commercial developments and am experienced in environmental policy act reviews, Clean Water Act, wastewater discharge, Clean Air Act, waterways, wetlands, storm water and hazardous waste permit issues. I regularly assist clients with environmental assessments, audits and opinions regarding potential development and business and real estate transactions. I provide advice to commercial and industrial clients regarding compliance with environmental laws and assistance in obtaining environmental permits. I have obtained environmental insurance policies for many properties, including specially negotiated insurance products for environmental liability and remediation cost cap coverage. I have negotiated and obtained covenants not to sue from the Massachusetts Attorney General’s office for redeveloped brownfield sites.

Looking ahead

Since suitable and available land for the development of sustainable energy sources is often near population centers and is also a brownfield, environmental, permitting and zoning issues are coming to the forefront in this industry. A similar trend is occurring for commercial and residential development due to governments providing incentives for “smart” development near mass transit facilities and in already densely occupied districts.