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Seth D. Jaffe
Partner
Boston
Seth Jaffe is recognized by Chambers USA, The Best Lawyers in America and Massachusetts SuperLawyers as a leading practitioner in environmental compliance and related litigation. He works on a wide range of environmental law issues, representing clients in the permitting/licensing of new facilities and offering ongoing guidance on permitting and enforcement related matters under federal and state Clean Air Acts, Clean Water Acts, RCRA, and TSCA. He also advises on wetlands and waterways regulation. Seth's clients include electric and telecommunications utilities, companies in the printing and chemical industries, and education and health care institutions.
Seth has extensive experience in hazardous waste matters under federal and state Superfund laws. He has defended multiple clients in administrative or litigation proceedings brought by the government and/or private parties. He has also counseled plaintiffs seeking recovery from private parties of response costs incurred at Superfund sites. In addition to dispute resolution in these issues, Seth helps clients comply with MEPA regulations for large development projects, reflecting his considerable involvement in developing the state's Brownfields legislation.
Seth has served as a mediator with the Massachusetts Department of Environmental Protection Wetlands Program. Before joining Foley Hoag he clerked for United States District Judge Walter Jay Skinner.
Bars and Court Admissions
Massachusetts
U.S. District Court for the District of Massachusetts
U.S. Court of Appeals, First Circuit
Representative Experience
The following is a brief summary of Seth's experience and accomplishments:
Represented several printers in compliance with Massachusetts Environmental Results Program
Represents commercial property owners in litigation seeking property damage resulting from migration of contamination from upgradient Superfund site
Represented RCRA TSDF in forestalling a potential criminal prosecution resulting from a fatal accident at the facility
Represented a European chemical manufacturer in a potential acquisition of an American specialty chemical manufacturer
Defended New England Telephone (now, Verizon, Inc.) in a private contribution action under CERCLA and obtained precedent-setting decision holding that private plaintiffs must prove that a defendant's waste caused the incurrence of response costs in order to prevail under CERCLA. Acushnet v. Coaters, 937 F. Supp. 988 (1996), aff'd, Acushnet v. Mohasco 191 F. 3d 69 (1st Cir. 1999)
Provided assistance to a RCRA Part B Permit holder in obtaining and modifying its permit
Serves as the Generator representative to the Coakley Landfill Executive Committee, which is implementing the cleanup of this federal Superfund Site, where costs are currently expected to be less than those originally projected by the EPA
Represents electric power generation companies in connection with various compliance and regulatory matters
Represented a large wastewater treatment facility in defense of a citizen suit under the federal Clean Water Act
Represents Boston University and Boston Medical Center in opposing federal and state challenges to environmental impact reports prepared for the development of the National Emerging Infectious Diseases Laboratories in Boston, Massachusetts
professional / civic involvement
Boston Bar Association Environmental Section, Chair, 1999-2002
Boston Bar Association Environmental Section, Hazardous Waste Committee, Chair, 1995-1997
Chemical Waste Litigation Reporter, Board of Advisors
Boston Bar Journal, Board of Editors, 1998-2000
Massachusetts Department of Environmental Protection Wetlands Program, Volunteer Mediator, 1993-1995; Trained mediator
Environmental League of Massachusetts, Board Member.
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