Mark R. Reich

Shareholder and Management Committee Member

E-mail: mreich@k-plaw.com
Phone: 617.654.1786
Practice Areas: General Municipal, Environmental, Contracts & Procurement, Litigation, Green Communities

Attorney Mark Reich has over 35 years of experience in all aspects of municipal law.  He specializes in environmental law, contract and construction law, board of health regulation and enforcement, and general municipal law.  Attorney Reich is also an experienced litigator representing municipal boards, public agencies, and officials in state and federal courts and before administrative agencies on environmental and contracting issues.

Attorney Reich’s environmental law experience includes prosecution of property contamination claims, representation of municipal clients with respect to the reuse and rehabilitation of contaminated property; compliance with G.L. c.21E and the Massachusetts Environmental Policy Act and federal Superfund law; and regulatory and enforcement actions by local conservation commissions and boards of health.  Attorney Reich has extensive experience with solid waste disposal contracting and the permitting and construction of solid waste facilities, including site assignment procedures and enforcement.  He also has extensive contract experience, including drafting complex agreements, intermunicipal agreements, and construction documents, as well as the procurement and leasing of telecommunications facilities.

In the area of general municipal law, Attorney Reich serves as the primary contact for several cities and towns.  In this capacity, he advises in the areas of Open Meeting Law, Public Records Law, Town Meeting, and City and Town Council meetings; drafting special legislation; and analyzing and interpreting by-laws, ordinance, and charters.

Representative Matters

  • Town of Ayer v. Eastern General Contractors, Inc. and Liberty Mutual Insurance Co. A settlement was reached requiring full payment of the bid security, plus interest, in the total amount of $142,000.00 after a successful summary judgment ruling on the Town’s claims for breach of contract against the defendant.
  • Waste Systems International Oxford Transfer Station, Inc. v. Town of Oxford Board of Health, et al.  Successfully represented the Town of Oxford Board of Health on appeal in its decision to deny a major site assignment modification request.
  • City of Woburn – Industriplex.  Advised the City with respect to the implementation of remediation measures at the Industriplex Superfund Site.
  • Town of Norton – Shpack.  Advised the Town with respect to the terms of a consent decree and property disposition with respect to the Shpack landfill Superfund Site, resulting in the transfer of remediated open space property to the Town.
  • Town of Kingston – Winthrop Street Well.  Represented Town in claims against Exxon under G.L. c. 21E for damages to the Town’s water supply resulting in a settlement in the amount of $475,000.
  • Town of Wilmington – 887 Woburn Street.  Represented the Town in addressing a complex site assignment through the entire hearing proceedings and drafting of the final site assignment.
  • Advising numerous municipalities and transportation authorities on liability issues and resolutions regarding the Beede Waste Oil Federal Superfund Site.
  • Negotiating Administrative Consent Orders with the Department of Environmental Protection.
  • Advancing and defending against claims for property damage and response action costs under G.L. c. 21E.
  • Lectures on Open Meeting Law; Public Records Law, Conflict of Interest Law, Application of Opioid Litigation Settlement Funds, Impacts of Recent Case Law on Public Meetings and Flag and Advertising Displays.

Prior Experience

City of Everett, MA

Assistant City Solicitor (1990-1998)
Drafted and reviewed contracts for design and construction services and oversaw procurement procedures.  Developed land use strategies for the reuse and redevelopment of Brownfields.  Negotiated Tax Increment Financing Agreements.  Counseled planning department and worked with prospective developers on strategies to optimize development and open space use and reuse.  Provided legal opinions and interpretations of the City Charter and Ordinances.  Drafted ordinances and special legislation.  Represented the City and its boards and departments in diverse litigation before federal and state courts and agencies.  Prosecuted enforcement actions on behalf of the Board of Health and Building Inspector with respect to sanitary and building code violations.  Handled claims brought against the City under G.L. c. 84 and c. 258.

Mayor’s Administrative Assistant (1989-1990)
Liaison between Mayor and City department heads.  Negotiated with local businesses and developers in planning and implementing strategies for future city growth.  Provided advice on numerous executive and legislative initiatives.  Drafted and interpreted ordinances and Charter provisions.  Represented the Mayor before the City Council.  Mayor’s designee on regional boards and committees.

Bar & Court Admissions

  • Massachusetts Bar
  • U.S. District Court (Mass.)
  • U.S. Court of Appeals for the First Circuit

Education

Boston University School of Law
Juris Doctor, 1988

Cornell University
Bachelor of Arts, 1985