Adkins, Kelston & Zavez, P.C. will fight for you to prevent or stop environmental pollution and climate harms, including so that you are fairly compensated for any resulting damages.
If you were or are exposed to health risks or property damage from pollution or environmental harms, we are interested in helping you to address those issues. We are also serious about helping to confront the climate crisis, including by stopping corporate “greenwashing” (that is, the making of untrue statements to make the company appear more environmentally friendly than it is), and taking on the energy and industrial agricultural sectors for their rampant greenhouse gas emissions.
In 2024, we filed a putative class action representing Massachusetts residential gas customers of Eversource Energy alleging that their company deceptively marketed its gas as “green” and “safe” despite the overwhelming science evidence that its gas is on par or worse than coal for the climate in terms of greenhouse gas emissions over the next crucial 20 years, and that cooking with gas results in harmful byproducts being released into homes – thus exposing residents to potential health risks. That matter was dismissed under the technical equivalent of the “filed rate doctrine” – which did not allow us to get to the merits of the allegations – and is on appeal.
More generally, federal and state environmental agencies are supposed to ensure that polluters clean up their air or water pollution. But it often takes a private lawsuit to recover dollar damages for the harm done to property. We successfully brought this type of lawsuit. For example, we recovered monetary damages for an oil spill affecting shorefront property along 90 miles of the Massachusetts coastline. This recovery was in addition to the cleanup of the waters of Buzzards Bay overseen by the state. In addition, we represented abutters to successfully force the state to protect wetlands that it had previously ignored.
- In Ortiz v. Eversource Energy, we represent a proposed class of Eversource’s residential natural gas customers in Massachusetts who are seeking to stop the company’s routine advertising that allegedly falsely touts its natural gas as clean and safe around cooking on gas stoves, while downplaying the need for external ventilation, despite the overwhelming scientific evidence that the gas produces harmful chemicals during combustion and carries potential health risks. The suit also alleges that Eversource deceptively advertises its natural gas as clean, safe and good for the environment despite the overwhelming scientific evidence that it is equal to or worse than coal for the climate. The plaintiffs are seeking injunctive relief and damages, including verifiable carbon offsets necessary to offset the climate harms from the gas the defendant falsely advertised as “green.”
- In Gintis et al. v. Bouchard Transportation Co. Inc. et al., we represented a class of property owners on a 90-mile stretch of the Buzzards Bay coastline whose waterfront property was polluted by an oil spill on April 27, 2003. After extensive litigation, including a successful appeal of the district court’s initial denial of class certification, we settled the matter in 2010 for $11.45 million for a full recovery for our thousands of clients.
- In Lambert v. O’Donnell and Dept. of Environmental Protection, we represented plaintiff neighbors challenging a planned real estate development that threatened a pristine environment at Riggs Point in Gloucester, MA. We successfully sued in state court and overturned the DEP’s approval. The case was then sent back to an administrative tribunal, which agreed with our clients and halted the development before it could spoil the bordering wetlands.