Art has more than 35 years of experience in all types of environmental and land use matters. He has effectively advised and represented parties in hundreds of contamination disputes, recovering tens of millions of dollars from responsible parties and insurers and effectively defending our clients. He has successfully handled zoning and other permitting disputes involving big box retailers, educational institutions and churches, industrial facilities, subdivisions, child care centers, affordable housing and range of other projects.
Art also serves or has served as:
- Winchester Town Counsel.
- Special City Solicitor/Town Counsel for environmental and land use cases in Attleboro, Barnstable, Charlton, Saugus, and other municipalities.
- Special City Solicitor/Town Counsel for opioids litigation in Cambridge, Worcester, Springfield, and 10 other municipalities.
- Certified mediator in environmental, land use and affordable housing disputes.
- Expert witness in state and federal environmental and insurance cases.
- Special Master in municipal environmental disputes.
- Hearing Officer in Board of Health solid waste site assignment hearings.
- The Best Lawyers in America, Environmental Law (2011-2022), Environmental Litigation (2006 -2022) Land Use and Zoning (2006 - 2022), Land Use and Zoning Litigation (2006-2022), Municipal Law (2022), “Lawyer of the Year” for Environmental Litigation in Boston (2014) and “Lawyer of the Year” for Municipal Law in Boston (2022)
- Chambers USA, Massachusetts Environmental Law (2018-2020)
- Massachusetts Super Lawyers (2004-2020)
- Boston Bar Association – Environmental Law Section, former Co-Chair
- Real Estate Bar Association (REBA) for Massachusetts – Neutrals Panel
- Town of Belmont – former Town Meeting, Conservation Commission and Zoning Board of Appeals member
U.S. Supreme Court
U.S. Court of Appeals, First Circuit
U.S. District Court, District of Massachusetts
- Columbia Law School, J.D. 1981 with honors
- University of Pennsylvania, B.A. 1977 cum laude
- Represents the City of Attleboro regarding a multi-party Superfund site in Attleboro and Norton, and in four zoning cases regarding concrete and asphalt batching plants.
- As part of a team at A&K, represents a major Boston landowner in its Chapter 91, environmental impact review and zoning opposition to a proposed waterfront hotel.
- Negotiated a Consent Judgment for an industrial landowner at a Superfund site in Danvers, successfully pursued insurance coverage regarding a tannery that formerly operated at the site, and advised the owner about potential redevelopment.
- For a commercial developer partnering with a historic church in Cambridge, defeated neighbors’ zoning and historic preservation appeals challenging a project to restore the church and add mixed-use development to the church and abutting properties.
- Represented the Town of Barnstable – and obtained a favorable settlement – in a suit against Barnstable County for contamination of the Town’s drinking water supply with PFAS from the County’s use of fire-fighting foam at its nearby Fire Training Academy, a case that involved complex issues regarding contaminants of emerging concern and municipal and county finance and governance.
- For two non-profits seeking to develop an innovative homeless medical clinic/shelter in Boston, defeated neighbors’ zoning and urban renewal appeals.
Pro bono work:
- Conservation Law Foundation – Filed an amicus brief in a suit by CLF and individuals to require DEP to issue more aggressive regulations to implement the Global Warming Solutions Act; Art's arguments were reflected in both the Supreme Judicial Court’s oral argument and its decision for the plaintiffs.
- Oceana – As part of a team at A&K and working with local counsel in Belize, obtained an injunction against the Government of Belize on environmental and administrative law grounds, prohibiting proposed offshore oil exploration.
- Connecticut River Watershed Council – On behalf of a non-profit, successfully advocated for a more complete restoration of the Chickley River in Hawley, MA, a pristine fishery damaged by extensive diversion and filling.
Art has published many continuing legal education articles. He regularly participates in panel discussions on environmental, insurance and land use law. For a complete listing of all publications and presentations please see his resume.
Art and his wife Rebecca Benson, who practices elder and disability law, live in Belmont. Art has played Ultimate Frisbee since shortly after its invention, and still plays on mixed-age, and grandmasters teams. He recently earned his certification from the Massachusetts Master Gardeners Association and regularly volunteers at National Park Service and other historic sites in the Boston area. He’s always looking for a good squash or chess partner.