Overview

Public and private clients, including businesses, non-profit organizations, municipalities and citizen groups turn to Art for his more than 35 years as a recognized leader in the areas of environmental law, zoning, local permitting, land use and municipal law.

Known for his depth of experience and creative solutions to complex legal issues, Art’s areas of focus include:

  • Environmental law: Art advises and represents clients regarding hazardous waste and oil clean-ups, wetlands protection, and solid waste facility siting. He has effectively handled hundreds of contamination and environmental insurance disputes, including recovering tens of millions of dollars from responsible parties and insurers.
  • Zoning, land use and other permitting disputes: Art represents clients regarding big box stores and other commercial projects, industrial facilities, subdivisions, educational institutions and churches, childcare centers, affordable housing, and other projects.
  • Municipal law and litigation: Art serves and has served as Town Counsel for the Town of Winchester and Special City Solicitor/Town Counsel for environmental and land use cases in Attleboro, Barnstable, Charlton, Saugus, and other municipalities. He also represents Cambridge, Worcester, Springfield, and 10 other Massachusetts municipalities in the massive opioids litigation.

Art is known for his practical approach to achieve clients’ objectives. His decades of experience allow him to quickly dissect the key issues and develop effective strategies to comply with environmental regulations and resolve his clients’ disputes. Chambers USA sources highlighted his work in the solid waste area, stating: “He is smart, decisive and knows his area of the law very well.”

In addition to representing clients, Art has served as an expert witness in state and federal environmental and insurance cases, a Special Master in municipal environmental disputes, and a Hearing Officer in Board of Health solid waste site assignment hearings.

BEYOND THE OFFICE

Art and his wife Rebecca Benson live in Belmont.  Art has played Ultimate Frisbee since shortly after its invention, and still plays on mixed-age, and grandmasters teams.  He recently earned his certification from the Massachusetts Master Gardeners Association and regularly volunteers at National Park Service and other historic sites in the Boston area.  He’s always looking for a good squash or chess partner.

Credentials

Education

  • Columbia Law School, J.D. 1981 with honors
  • University of Pennsylvania, B.A. 1977 cum laude

Admissions

Massachusetts

U.S. Supreme Court

U.S. Court of Appeals, First Circuit

U.S. District Court, District of Massachusetts

Recognition

  • The Best Lawyers in America©
    • Environmental Law, 2011-2022
    •  Environmental Litigation, 2006 -2022, “Lawyer of the Year” for Environmental Litigation in Boston, 2014
    • Land Use and Zoning, 2006 - 2022
    • Land Use and Zoning Litigation, 2006-2022
    • Municipal Law, 2022,“Lawyer of the Year” for Municipal Law in Boston, 2022
  • Chambers USA, Massachusetts Environmental Law, 2018-2020
  • Massachusetts Super Lawyers, 2004-2021

Affiliations

  • Boston Bar Association – Environmental Law Section, former Co-Chair
  • Real Estate Bar Association (REBA) for Massachusetts – Neutrals Panel
  • Town of Belmont – former Town Meeting, Conservation Commission and Zoning Board of Appeals member

Experience

  • Has successfully represented the City of Attleboro regarding a multi-party Superfund site in Attleboro and Norton, and won four related zoning cases regarding concrete and asphalt batching plants for the City.
  • Successfully and efficiently settled Chapter 40B and zoning appeals of projects in Stow and Boston for affordable housing developers.
  • Won three related zoning appeals regarding a boat club for the Town of Winchester.
  • As part of a team at A&K, represents a major Boston landowner in its Chapter 91, environmental impact review and zoning opposition to a proposed waterfront hotel.
  • Negotiated a Consent Judgment for an industrial landowner at a Superfund site in Danvers, successfully pursued insurance coverage regarding a tannery that formerly operated at the site, and advised the owner about potential redevelopment.
  • For a commercial developer partnering with a historic church in Cambridge, defeated neighbors’ zoning and historic preservation appeals challenging a project to restore the church and add mixed-use development to the church and abutting properties.
  • Represented the Town of Barnstable – and obtained a favorable settlement – in a suit against Barnstable County for contamination of the Town’s drinking water supply with PFAS from the County’s use of fire-fighting foam at its nearby Fire Training Academy, a case that involved complex issues regarding contaminants of emerging concern and municipal and county finance and governance.
  • For two non-profits seeking to develop an innovative homeless medical clinic/shelter in Boston, defeated neighbors’ zoning and urban renewal appeals.

Pro bono work:

  • Conservation Law Foundation – Filed an amicus brief in a suit by CLF and individuals to require DEP to issue more aggressive regulations to implement the Global Warming Solutions Act; Art's arguments were reflected in both the Supreme Judicial Court’s oral argument and its decision for the plaintiffs.
  • Oceana – As part of a team at A&K and working with local counsel in Belize, obtained an injunction against the Government of Belize on environmental and administrative law grounds, prohibiting proposed offshore oil exploration.
  • Connecticut River Watershed Council – On behalf of a non-profit, successfully advocated for a more complete restoration of the Chickley River in Hawley, MA, a pristine fishery damaged by extensive diversion and filling.

Public and private clients, including businesses, non-profit organizations, municipalities and citizen groups turn to Art for his more than 35 years as a recognized leader in the areas of environmental law, zoning, local permitting, land use and municipal law.

Known for his depth of experience and creative solutions to complex legal issues, Art’s areas of focus include:

  • Environmental law: Art advises and represents clients regarding hazardous waste and oil clean-ups, wetlands protection, and solid waste facility siting. He has effectively handled hundreds of contamination and environmental insurance disputes, including recovering tens of millions of dollars from responsible parties and insurers.
  • Zoning, land use and other permitting disputes: Art represents clients regarding big box stores and other commercial projects, industrial facilities, subdivisions, educational institutions and churches, childcare centers, affordable housing, and other projects.
  • Municipal law and litigation: Art serves and has served as Town Counsel for the Town of Winchester and Special City Solicitor/Town Counsel for environmental and land use cases in Attleboro, Barnstable, Charlton, Saugus, and other municipalities. He also represents Cambridge, Worcester, Springfield, and 10 other Massachusetts municipalities in the massive opioids litigation.

Art is known for his practical approach to achieve clients’ objectives. His decades of experience allow him to quickly dissect the key issues and develop effective strategies to comply with environmental regulations and resolve his clients’ disputes. Chambers USA sources highlighted his work in the solid waste area, stating: “He is smart, decisive and knows his area of the law very well.”

In addition to representing clients, Art has served as an expert witness in state and federal environmental and insurance cases, a Special Master in municipal environmental disputes, and a Hearing Officer in Board of Health solid waste site assignment hearings.

BEYOND THE OFFICE

Art and his wife Rebecca Benson live in Belmont.  Art has played Ultimate Frisbee since shortly after its invention, and still plays on mixed-age, and grandmasters teams.  He recently earned his certification from the Massachusetts Master Gardeners Association and regularly volunteers at National Park Service and other historic sites in the Boston area.  He’s always looking for a good squash or chess partner.

Education

  • Columbia Law School, J.D. 1981 with honors
  • University of Pennsylvania, B.A. 1977 cum laude

Admissions

Massachusetts

U.S. Supreme Court

U.S. Court of Appeals, First Circuit

U.S. District Court, District of Massachusetts

  • The Best Lawyers in America©
    • Environmental Law, 2011-2022
    •  Environmental Litigation, 2006 -2022, “Lawyer of the Year” for Environmental Litigation in Boston, 2014
    • Land Use and Zoning, 2006 - 2022
    • Land Use and Zoning Litigation, 2006-2022
    • Municipal Law, 2022,“Lawyer of the Year” for Municipal Law in Boston, 2022
  • Chambers USA, Massachusetts Environmental Law, 2018-2020
  • Massachusetts Super Lawyers, 2004-2021

  • Boston Bar Association – Environmental Law Section, former Co-Chair
  • Real Estate Bar Association (REBA) for Massachusetts – Neutrals Panel
  • Town of Belmont – former Town Meeting, Conservation Commission and Zoning Board of Appeals member

  • Has successfully represented the City of Attleboro regarding a multi-party Superfund site in Attleboro and Norton, and won four related zoning cases regarding concrete and asphalt batching plants for the City.
  • Successfully and efficiently settled Chapter 40B and zoning appeals of projects in Stow and Boston for affordable housing developers.
  • Won three related zoning appeals regarding a boat club for the Town of Winchester.
  • As part of a team at A&K, represents a major Boston landowner in its Chapter 91, environmental impact review and zoning opposition to a proposed waterfront hotel.
  • Negotiated a Consent Judgment for an industrial landowner at a Superfund site in Danvers, successfully pursued insurance coverage regarding a tannery that formerly operated at the site, and advised the owner about potential redevelopment.
  • For a commercial developer partnering with a historic church in Cambridge, defeated neighbors’ zoning and historic preservation appeals challenging a project to restore the church and add mixed-use development to the church and abutting properties.
  • Represented the Town of Barnstable – and obtained a favorable settlement – in a suit against Barnstable County for contamination of the Town’s drinking water supply with PFAS from the County’s use of fire-fighting foam at its nearby Fire Training Academy, a case that involved complex issues regarding contaminants of emerging concern and municipal and county finance and governance.
  • For two non-profits seeking to develop an innovative homeless medical clinic/shelter in Boston, defeated neighbors’ zoning and urban renewal appeals.

Pro bono work:

  • Conservation Law Foundation – Filed an amicus brief in a suit by CLF and individuals to require DEP to issue more aggressive regulations to implement the Global Warming Solutions Act; Art's arguments were reflected in both the Supreme Judicial Court’s oral argument and its decision for the plaintiffs.
  • Oceana – As part of a team at A&K and working with local counsel in Belize, obtained an injunction against the Government of Belize on environmental and administrative law grounds, prohibiting proposed offshore oil exploration.
  • Connecticut River Watershed Council – On behalf of a non-profit, successfully advocated for a more complete restoration of the Chickley River in Hawley, MA, a pristine fishery damaged by extensive diversion and filling.