Robert "Bob" H. Fitzgerald

Robert H. Fitzgerald

Counsel
Robert H. Fitzgerald
Boston
+1 617 570 1343
Robert Fitzgerald, a counsel in the firm's Real Estate Transactional Services and Environmental & Energy practice areas, has more than 20 years of experience representing clients in the federal, state and local permitting of residential, commercial and industrial projects, the environmental review of corporate and real estate transactions, waste site cleanups under federal and state Superfund statutes, and supporting litigation in each of these areas.

Experience

Mr. Fitzgerald supports the firm’s Real Estate Transactional Services practice by providing clients advice on zoning and entitlement matters in support of project development and financing, and also provides counsel on securing development entitlements on projects throughout Massachusetts. In addition, Mr. Fitzgerald has worked on several significant real estate development projects within the City of Boston, providing strategic advice on zoning issues, project impact review, and the wide variety of entitlements, agreements and approvals generally required from various City departments. Mr. Fitzgerald also advises clients on the risks associated with transactions involving contaminated sites, the process and strategy for moving contaminated sites to regulatory closure, and how best to use technical experts in both administrative and judicial proceedings. Mr. Fitzgerald also represents clients in administrative proceedings before municipal boards and state agencies, and supports the firm’s litigation practice on matters involving land use, permit appeals, and environmental matters. Mr. Fitzgerald has been a member of the Zoning Board of Appeals in the Town of Walpole since 2017.

Representative Matters

  • Represent master developer of ~1.8 million square-foot development in Brighton, including approval of master plan amendments, development plans, and Article 80 reviews;
  • Assisted in the defense of a joint venture proposing an ~1 million development against various title claims grounded in land disposition agreements from the Boston Redevelopment Authority;
  • Represent developers, investors and joint ventures in the acquisition, entitlement review and operation of commercial real estate, including life sciences, in the Boston, Cambridge and metro west areas;
  • Represent pro bono client in obtaining entitlements for affordable housing projects in Boston and the metro west area, including approvals related to historic resources, zoning, and environmental review;
  • On behalf of energy sector client, negotiated the settlement of an enforcement matter involving alleged violations of clean water laws, alleged violations of hazardous waste storage rules, and the assessment of natural resources damages.

Professional Activities

Mr. Fitzgerald is a member of the Boston and American Bar Associations.

Credentials

Education

JD1999

Northeastern University School of Law

MS of Environ Science1996

Yale University

BS1989

University of California

Admissions

Bars

  • Massachusetts

Courts

  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Ninth Circuit

Recognition & Awards

Mr. Fitzgerald has been recognized by The Best Lawyers in America Best Lawyers for his work in Energy Law, Environmental Law and Litigation - Environmental 2022-2023.

Mr. Fitzgerald was a 2021 recommended lawyer for Land Use/Zoning by The Legal 500. Mr. Fitzgerald has been selected for inclusion in Chambers USA: America’s Leading Lawyers for Business and Best Lawyers. While attending law school, he served as an editor for the NUForum Law Journal at Northeastern University School of Law.

Publications

Mr. Fitzgerald is an annual presenter at the Massachusetts Continuing Legal Education series on Environmental Law Plus+, and a contributing author on the topics of zoning and environmental law in the MCLE manual entitled Drafting Commercial and Real Estate Documents in Massachusetts and MCLE’s Massachusetts Zoning Manual.