| (December 29, 2005. Manchester, NH.) - Sheehan Phinney Bass + Green attorneys William J. Donovan, Christopher J. Hamlen, and Robert P. Cheney successfully represented their client, Bio Energy, Inc., in a recent New Hampshire Supreme Court case against the town of Hopkinton.
Setting a legal precedent for the state of New Hampshire, the court ruled that the town could not regulate air emissions, allowing the plant to burn cleaned woodchips from construction and demolition debris, called C&D woodchips. The court held that the state's authority superseded that of the town in regulating air emissions and that the town was prohibited from stopping Bio Energy from using C&D woodchips as its fuel. In addition, the court said that Bio Energy could seek to recoup legal expenses from the town.
This case was a substantial victory for the client, as a loss had the potential to seriously damage the company. Since 1983, Bio Energy has used wood sources for its fuel to generate energy that are otherwise destined for landfills.
Sheehan Phinney Bass + Green is a regional business law firm with offices in Boston, MA, and in Manchester, Concord and Lebanon, NH. The firm provides a broad range of sophisticated legal services to businesses and institutions in traditional and emerging areas of the law. Its diverse client base includes local and regional organizations, as well as national and international businesses with interests in the Northeast.
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