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.
Representative Matters
- Assisted energy sector client in avoiding possible enforcement action by developing statutory and legal arguments related to the application of hazardous waste regulations in EPA-authorized states.
- Represented energy sector client before administrative agencies during appeal of Clean Water Act permits, working with engineering, biology, and environmental experts to develop testimony and rebuttal arguments.
- Represented real estate development client by performing entitlement diligence on a proposed 1 million square foot development located in Boston.
- Represented pro bono clients in obtaining entitlements for proposed school expansion, 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.
Mr. Fitzgerald is a member of the Boston and American Bar Associations.
