Jonathan M. Ettinger
Partner
Boston
Jonathan Ettinger has an active practice in both litigation and administrative law, with a record of effectiveness recognized by his inclusion in The Best Lawyers in America and Massachusetts SuperLawyers. He has a particular focus on a wide range of environmental law and insurance recovery issues, emphasizing four distinct areas of counsel :
Hazardous Waste: Jonathan advises clients on hazardous waste remediation and litigation under the federal and state Superfund laws, including the Massachusetts Oil and Hazardous Materials Release Prevention Act, M.G. L. Chapter 21E. He has worked on remediation of Superfund sites nationwide, including resolution of disputes involving more than a dozen sites through the use of professional mediators and judges in Alternative Dispute Resolution proceedings.
Brownfields redevelopment: Jonathan advises clients in connection with the redevelopment of contaminated property, so-called "brownfields" sites.
Environmental compliance counseling and litigation: Jonathan represents clients in negotiating and litigating matters governed by numerous environmental statutes, including federal and state superfund laws, the Safe Drinking Water Act, Toxic Substances Control Act, the Endangered Species Act, the Marine Mammal Protection Act, the Clean Air Act, and the Clean Water Act.
Insurance Recovery: Jonathan represents clients seeking defense and indemnification from insurance companies. He has helped clients recover millions of dollars from insurance companies in such cases, both in litigation and in settlement (through mediation and otherwise).
In addition to his environmental law and insurance recovery litigation practice, Jonathan has represented such diverse clients as Safety Environmental Control, Inc., Intertek Testing Services NA, Inc., and Lucent Technologies Inc, in a wide variety of commercial disputes. He has litigated claims involving breach of contract, breach of fiduciary duties, breach of covenants not to compete, legal malpractice, breach of warranty, negligence, fraud, and unfair or deceptive trade practices.
Bars and Court Admissions
Supreme Judicial Court of Massachusetts
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, District of Columbia Circuit
U.S. District Court for the District of Massachusetts
U.S. District Court for the Eastern District of Wisconsin
Representative Experience
The following is a brief summary of Jonathan's experience and accomplishments:
Safe Drinking Water Act
Represented the City of Portland, Oregon in a challenge to the Environmental Protection Agency's Long-Term 2 Enhanced Surface Water Treatment Rule in the United States Appeals Court for the District of Columbia
Represented the Massachusetts Water Resources Authority in its successful trial against the United States involving Safe Drinking Water Act claims that the water supply for eastern Massachusetts should be filtered. See United States v. Massachusetts Water Resources Authority, 97 F.Supp.2d 155 (D.Mass. 2000), affirmed 256 F. 3d 36 (2001)
Hazardous Waste
Representing ConocoPhillips Company in a dispute over the allocation of remediation costs for a large facility
Representing an electronics component manufacturer in connection with the investigation and remediation of environmental contamination (volatile organic compounds and polychlorinated biphenyls) at a former manufacturing site in Venice, California. Negotiated a Consent Decree with government and private party claimants. Currently overseeing the implementation of the remedial action.
Represented Hasbro, Inc. in successful litigation over millions of dollars in cleanup costs at a site in Lancaster, Pennsylvania. See CBS Inc. v. Hasbro, Inc., 1994 WL 421365, 39 ERC 1742 (E.D. Pa. 1994)
Served as common counsel to fifteen defendants in a private contribution action (ultimately settled in mediation) arising in connection with the Lemberger Superfund Site in Manitowoc, Wisconsin
Represented a public authority in litigation, ultimately settled through mediation, against several major oil companies over environmental contamination at numerous service stations
Worked on numerous state and federal Superfund sites around the country, including the Charles George Landfill (MA), Bennington Landfill (VT), Boliden Metech Site (RI), Shaffer Landfill (MA), Former CBS/Playskool Site (PA), Yakima Railway Site (WA), Norwood PCB Superfund Site (MA), Lemberger Landfill and Transport & Recycling Sites (WI), Peterborough Landfill (NH), the Somersworth Landfill (NH), the Beede Waste Oil Site (NH), and the H&M Drum Sites (MA), Cornell-Dubilier Electronics Superfund Site (NJ).
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