Mackie Shea Durning, PC is a boutique environmental law firm. We concentrate our practice on environmental and land use law and related litigation.
In 1983, when environmental law was in its infancy, our founders, Francis S. Wright and Anton T. Moehrke, envisioned a law firm that concentrated on providing high quality, personalized legal service to businesses and industries dealing with this emerging practice area. Since its incorporation in 1984, our firm has been a leader in the field.
Mackie Shea Durning, PC is a boutique environmental law firm. We concentrate our practice in environmental and land use law and related litigation. We continue to provide cost-effective personalized service to each of our clients.
The attorneys at Mackie Shea Durning, PC have been recognized for their environmental law expertise in Best Lawyers, the definitive referral guide for the legal profession, and by Chambers USA, publishers of America's Leading Lawyers for Business. The Bar Register of Preeminent Lawyers, published by Martindale-Hubbell, has also recognized the firm for achieving the highest level of legal ability and adherence to the professional standards of conduct, ethics, reliability and diligence.
Building on 25 years of success, the attorneys and staff at Mackie Shea Durning, PC are committed to using professional experience and industry knowledge to provide high quality, efficient legal services to each client. Please view our Firm Profile and Practice Areas for more information on how we can meet your needs.
20 Park Plaza
Boston MA 02116
Mackie Shea Durning, PC
33 Bradford Street
Mackie Shea O'Brien, PC has been recognized as a leader in environmental law year after year in numerous publications. The firm has been ranked Tier 1 for both Environmental Law and Environmental Litigation in the Boston metropolitan area.
Mackie Shea O'Brien, PC represents many leaders in the environmental industries and real estate development community. Our significant experience in project permitting resulted in Chambers USA's recent endorsement of the firm, commending our team for its "considerable experience with federal and state regulators," which we draw upon "to assist clients with permitting, licensing and enforcement defense." In addition to our successes in project permitting, we assist clients with regulatory compliance and enforcement defense. We also represent a wide range of clients from individuals to national companies in environmental and land use litigation before administrative agencies and in state and federal trial and appellate courts. Additionally, we provide services in business and real estate transactions.
Real Estate and Land Use Development
-Critical path analysis for all necessary permits
-Project team building
-Environmental reviews (MEPA)
-Endangered Species permits (MESA)
-Permit hearings at all regulatory levels
-Litigation supporting project approvals
-Environmental due diligence
-Environmental and zoning opinions
-Government procurement and contracts
-Administrative, trial court, and appellate levels
-Hazardous waste cost recovery
-Appeals and defense of environmental and land use permits
-Defend citizen suits
Wetlands, Waterways, Oceanfront
-Project team building
-Public hearings and appeals
-Compliance and enforcement defense
-Federal, state and local permitting
-Project and feasibility assessment
-Project team building
-Board of Health hearings and appeals
-Agreements and contracts
-Compliance and enforcement defense
-Special, medical and radiological waste management
-Permitting and operating agreements for organics processing facilities
-State and federal superfund defense
-TSD facility permitting and compliance
-Transporter permitting and compliance
-Remediation and disposal contracts
-Project team building
-Liability assessment and limitation
-Access and cleanup agreements
-Contaminated land purchase and sale agreements
-Cost recovery litigation
-Compliance and enforcement defense
Environmental Compliance and Enforcement Defense
-Regulatory interpretation and negotiation
-Negotiation of consent decrees and administrative orders
-Federal, state and local administrative hearings and trials
-Supplemental environmental projects
-Biomass facility siting
-Renewable energy credits
-Greenhouse gas carbon credits
-Landfill gas sale and lease agreements
-Water supply protection
-Water withdrawal registrations and permits
-Negotiation of consent orders and permits
-Stormwater treatment and management
-Wastewater treatment permitting and compliance-
Thomas A. Mackie is an environmental business lawyer. For thirty years he has provided advice to businesses and municipalities facing complex environmental issues. He handles a wide variety of environmental matters and business transactions such as renewable energy facility siting, hazardous waste cleanup, private and public environmental contracting, facility acquisition, host community agreements, and litigation of permit appeals. His practice regularly includes facility siting, regulatory compliance, enforcement defense, contracting, public procurement, and insurance coverage cases.
Mr. Mackie focuses on successful siting and permitting of renewable energy, recycling, waste handling and landfill facilities. He develops strategies for reconciling facility siting with community needs, which paves the way for facility development and expansion. His renewable energy cases involve solar, landfill gas, biomass, anaerobic digestion, biofuels manufacture and waste to energy. In addition to state and local permitting, for these and other projects he assists clients with renewable energy credits, carbon offsets, contracting, financing and public procurement issues.
Mr. Mackie has litigated many permit appeals and related matters. Most recently he successfully defended against a multi-party appeal of an air plan approval for a client's non-forest green wood renewable energy power project. In 2011, he was selected by the National Solid Wastes Management Association to file a "friend of the court" brief on its behalf with the Massachusetts Supreme Judicial Court on a solid waste siting issue of critical importance to the industry that was recognized by the Court in its final favorable decision.
Mr. Mackie has led the environmental due diligence in several major environmental industry corporate acquisitions and divestitures. Most recently he assisted a major client in its evaluation of Superfund liabilities prior to its $1.25 billion acquisition of a national hazardous waste and oil re-refining business. In another transaction Mr. Mackie led the firm's participation in environmental due diligence and permit transfers for more than 50 licensed hazardous waste facilities located in 31 states and Canada.
Mr. Mackie has chaired or served as a panelist on numerous committees and seminars on environmental issues for the Environmental Business Council of New England, Boston Bar Association, and Massachusetts Continuing Legal Education. He is the author of "Solid Waste Law and Regulation" in Massachusetts Environmental Law, widely regarded as the leading treatise on environmental law. He is on the Board of Directors of the Environmental Business Council and Chairman of its Solid Waste Committee, and on the Steering Committee of the Massachusetts Chapter of the National Solid Wastes Management Association. Chambers USA, publishers of America's Leading Lawyers for Business, ranks Mr. Mackie among the top environmental lawyers in Massachusetts. According to Chambers he earns commendations as an "outstanding practitioner" who is "as good as it gets" on solid waste work but is "equally adept at renewable energy." Best Lawyers in America and Who's Who Legal USA Environment have also consistently recognized Mr. Mackie for environmental law.
Mr. Mackie graduated from Hobart College and earned his J.D., cum laude, from Suffolk University Law School. He is admitted to practice in Massachusetts and New York.
Suffolk University Law School
John F. Shea has practiced environmental and land use law for more than thirty years. He focuses on wetlands, water, wildlife and hazardous waste laws, and is recognized as a master strategist in securing approvals for complex and controversial projects, developing environmental compliance plans for pro-active and troubled companies, and successfully defending permits in administrative and court appeals.
Mr. Shea represents developers, businesses and high net worth individuals in permitting, siting, enforcement defense and litigation. His development projects include coastal homes, subdivisions, subsidized housing, and hotels, as well as assisted living facilities, hospitals, colleges, and banks. He handles permitting and litigation for coastal erosion protections, docks, marinas, aquaculture farms, radio antennas, industrial plants, office parks, and retail complexes. He also works on Brownfields redevelopment projects.
Mr. Shea represents public water suppliers and wastewater treatment facilities in permitting, NPDES appeals, supervising compliance teams in enforcement cases, and developing water supply and watershed protection strategies. He is a member of the Massachusetts Water Works Association, the New England Water Works Association, and the Environmental Business Council Water Resources Committee.
Mr. Shea represents potentially responsible parties in federal and state Superfund cases, and in related cost recovery and insurance claims. He supervised cleanups of neighborhoods, commercial and industrial properties, water supplies, and federal Superfund sites. He served as Common and Investigatory Counsel for litigant groups, and represented environmental engineering and remediation companies in contract negotiations and litigation. He was founding chair of the Boston Bar Association Hazardous Waste Committee. Mr. Shea is the author of "Hazardous Waste Cleanup Law" in the Massachusetts Environmental Law treatise published by MCLE.
Mr. Shea acts as a Hearing Officer to Boards of Health on site assignment applications by solid waste management facilities. He has conducted more than 30 public hearings on landfill expansions, processing and recycling facilities, and transfer stations. He was founding chair of the BBA Solid Waste Committee and the Recycling Task Force.
Mr. Shea is recognized as a leader in environmental and land use law by Chambers USA's America's Leading Lawyers for Business. The 2013 edition described John as a "dean of the environmental Bar." He was selected as the 2013 Boston Environmental Law "Lawyer of the Year" by The Best Lawyers in America, and as one of the four Best Environmental Lawyers in New England. He is designated a Massachusetts and New England SuperLawyer by Boston Magazine and Thomson Reuters. He enjoys an AV rating for the highest levels of professional excellence from Martindale-Hubbell. Mr. Shea chairs panels and lectures to lawyers, engineers, and business groups. He is a member of ProVisors, a national community of professionals who serve as senior-level trusted advisors and share the highest standards of integrity, performance and accountability.
From 1976 through 1981, Mr. Shea served as a Judge Advocate in the U.S. Air Force with responsibility for environmental compliance, litigation in federal and foreign courts, and environmental audits at military installations.
Mr. Shea graduated cum laude from Holy Cross College, earned his J.D. from the University of Maine Law School, and received a Masters in Environmental Law, cum laude, from the Vermont Law School. He is admitted to practice in Massachusetts and Maine, and in federal courts.
University of Maine Law School
Gail E. Magenau Hire joined Mackie Shea in September 2003. Her current practice focuses on development permitting, enforcement defense, regulatory compliance, analysis and negotiation of business contracts, and environmental litigation. She has negotiated multi-million dollar commercial real estate transactions and represented clients at zoning and permitting hearings before local boards. Her permitting work often involves land use matters such as preparing easements and conservation restrictions. Before joining the firm, she handled corporate and business matters for clients ranging from start-up to nation-wide businesses as an associate with a 70-lawyer Boston law firm.
Prior to becoming an attorney, Ms. Hire served both public and private clients for more than five years in a wide variety of environmental matters as both an environmental engineer and consultant. She has conducted facility audits for manufacturing companies, trained U.S. Environmental Protection Agency (EPA) staff on toxic release inventory reporting, prepared air permits, and advocated for technical changes in environmental regulations. Her expertise includes air dispersion modeling and analysis of chemical accident scenarios. She assisted EPA to develop risk management regulations under section 112(r) of the Clean Air Act Amendments, and drafted technical guidance for Superfund regulations. In addition, Ms. Hire was a law clerk with the U.S. Department of Justice Environmental Enforcement Section.
Ms. Hire is a former co-chair of the Hazardous and Solid Waste Committee of the Environmental Law Section of the Boston Bar Association. She volunteered as a legal advisor to the Citywide Groundwater Emergency Task Force, which is working to solve the problem of groundwater insufficiency in Boston and other historic towns. Ms. Hire was selected as a Massachusetts SuperLawyers Rising Star each year from 2006 through 2009.
Ms. Hire earned her J.D. from Boston College Law School in 2001, where she was a member of the Environmental Law Society and taught environmental law to Boston College undergraduates. She holds a Master of Environmental Engineering from The Johns Hopkins University, and both a B.S. in mechanical engineering and a B.A. from Bucknell University. She is admitted to practice in Massachusetts and the United States District Court for the District of Massachusetts.
Boston College Law School
Peter F. Durning joined Mackie Shea in May 2011. His practice focuses on environmental litigation, enforcement defense, land use and permitting. He has participated in several mediations and alternative dispute resolution activities, including a multi-day mediation with representatives from the U.S. Department of Justice and several branches of the armed forces. His litigation experience includes extensive discovery, motion practice, and appellate work as well as a two-week trial in the United States District Court for the District of Massachusetts on a Clean Water Act enforcement action. He represents a range of clients including high net worth persons in a contentious wetlands adjudicatory appeal, a small business negotiating settlement of a CLF enforcement lawsuit for stormwater discharges, a renewable energy facility seeking permit approvals, and municipalities. Mr. Durning is co-chair of the Environmental Litigation Committee of the Environmental Law Section of the Boston Bar Association.
Prior to joining Mackie Shea, Mr. Durning was an associate in the Boston offices of Dewey & LeBoeuf, LLP and Goulston & Storrs, P.C. At Dewey & LeBoeuf, he worked on a variety of environmental litigation matters including Clean Water Act cases as well as enforcement and cost recovery actions under the Oil Pollution Act of 1990. While at Goulston & Storrs, Mr. Durning worked on several environmental remediation cost recovery actions under M.G.L. c. 21E and advised clients on zoning and permitting issues including stop work actions and wetland permit appeals to the Department of Environmental Protection.
Mr. Durning earned his J.D. from Boston College Law School in 2003. He holds a B.A. in History from the University of Notre Dame. Prior to becoming an attorney, Mr. Durning was a history teacher for seven years, including three years with the Teach For America program in Trenton, New Jersey and four years at the Abington Friends School in Jenkintown, Pennsylvania. He is admitted to practice in Massachusetts, the United States District Courts for the Districts of Massachusetts and Connecticut, and the Second Circuit Court of Appeals.
Boston College Law School
Peter M. Vetere has developed a strong foundation in civil litigation during his early legal career, focusing on matters involving complex business and commercial litigation and defending design professionals in construction matters. His background also includes specialties in environmental and real estate matters, including mortgage foreclosure law.
Peter has gained considerable experience handling various complex civil litigation matters. He has defended a CEO against a breach of contract action brought by the business broker involved in a securities company acquisition, handling discovery matters and helping prepare the case for settlement. He has assisted in the post-judgment collection in federal court of a $24 million arbitration award in favor of a facilities management vendor against a public school system. And, he has represented a pharmacy services company in federal court in the enforcement of non-compete provisions against two former employees based on evidence obtained through a forensic computer analysis.
Peter's practice has also focused on construction law matters, in particular defending design professionals (architects and engineers) in professional liability actions. He assisted in defending a geotechnical engineering firm and an owner's representative against claims of professional negligence relating to pile-driving activities during the construction of a new warehouse for a non-profit food bank organization in Boston. The case resulted in a directed verdict in favor of the owner's representative and a jury verdict in favor of the engineering firm after an eight-day trial.
Peter's varied practice has involved matters of real estate law as well. He brought a mortgage foreclosure action from the initial notice letter through the final foreclosure sale and auction for a lender client, and has negotiated two loan modification agreements as an alternative to foreclosure with a different borrower of the same lender. He managed the common fee collection caseload for a high-rise condominium building in Revere and advised the condominium association on issues relating to tax-lien foreclosures and condominium by-law interpretation. He has also handled commercial and residential real estate closings, including the sale of a golf course in central Massachusetts and a condominium in Cambridge.
After graduating from Vermont Law School, Peter clerked at the Land Court Department of the Massachusetts Trial Court for the Hon. Harry M. Grossman. He researched legal issues and assisted in drafting decisions in cases involving various real property and zoning issues, including land title ownership, easement access, special permit conditions, and subdivision plans. Peter also assisted staff in the Bureau of Waste Site Cleanup at the Massachusetts Department of Environmental Protection in drafting a grant application for Brownfield assessment funding from the United States Environmental Protection Agency.
At Vermont Law School, Peter was an editor of the Vermont Journal of Environmental Law and a clinician at the Environmental and Natural Resources Law Clinic, where he assisted in draft citizen suit complaints under the Clean Water Act against point-source polluters on the Mystic River near Boston. Peter was also co-president of the BFC, a local organization that encouraged bond-building in South Royalton, Vermont. Additionally, he spent one summer as a prosecutor at the Windham County State's Attorney's Office in Brattleboro, Vermont, where he successfully co-chaired a DUI prosecution.
B.S. cum laude, Natural Resources, 2008
Vermont Law School
J.D. cum laude, 2011