Mr. Dyer is an environmental counsel in our Boston office concentrating his practice in environmental litigation and counseling representation on behalf of clients throughout New England and elsewhere. He has experience representing clients in complex environmental insurance coverage litigation, contracts disputes, toxic tort litigation, general commercial litigation, and defending environmental cost recovery lawsuits under Massachusetts Chapter 21E and CERCLA. Mr. Dyer has also counseled clients in acquisition and divestiture situations regarding environmental liabilities and due diligence matters as well as structuring and reviewing contracts for purchase and sale of tradeable emission reduction credits. Mr. Dyer has advised electric power generation clients in strategic participation in air emissions rulemaking proceedings including negotiations with policy-level senior officials at the Massachusetts Department of Environmental Protection and the Executive Office of Energy and Environmental Affairs, as well as in the submission of public comments on proposed regulations. Mr. Dyer has counseled utility, commercial and industrial clients on environmental permitting matters and related emission control plans. He has provided litigation and regulatory counsel to developers including wetlands permitting appeals and for a multi-faceted $330 million waterfront development involving zoning appeals, negotiation of construction mitigation agreements, and securing dismissal of a Chapter 91 waterway license appeal by a public interest group through the Massachusetts Appeals Court. He has represented a bulk cement importer regarding multiple projects including facilities or proposed facilities in the ports of Providence, RI, Boston, MA and Everett, MA including strategic air permitting advice, navigational dredging improvements, and resolution of an administrative appeal of an enforcement action by MA DEP for violation of a water quality certification. Mr. Dyer has represented a variety of corporate and government clients in federal and state court actions including an appeal in the Massachusetts Supreme Judicial Court and petition for certiorari to the United States Supreme Court. Mr. Dyer also has represented clients in several dispute resolution matters, including the multi-party mediation of liability allocation at several complex NPL Superfund sites.
Prior to joining K&L Gates, Mr. Dyer worked as a hydrogeologist for a leading international consulting firm where he performed environmental investigations at more than 70 sites, including several national priority list Superfund sites. Mr. Dyer has diverse environmental consulting experience managing soil and water sampling, monitor well installation, recovery well design and development, soil gas surveying, geophysics, aquifer test design and analysis, hydrocarbon detection and remediation, and soil excavation. Mr. Dyer has broad project and litigation support experience in contaminant hydrogeology and sophisticated hydrogeological analysis and interpretation, contaminant fate, transport and partitioning calculations, groundwater flow remodelling, and environmental oversight of adverse-party consultants. Mr. Dyer has guided property transfer assessments for major industrial facilities, conducted emergency response actions, Phase I, II, III, and IV investigations under the Massachusetts Contingency Plan and M.G.L. c. 21E, and RCRA/CERCLA RI/FS studies. Mr. Dyer has extensive experience with CERCLA, Massachusetts Chapter 21E and MCP regulations, investigation, and procedures.