For nearly two decades, Ben has brought environmental cases on behalf of States, municipalities, and other government entities, as well as injured individuals. He has worked on some of the most notable cases in this area of law. Ben represented the state of New Hampshire from 2003-2016 in litigation against major oil companies for statewide contamination of the state’s waters with the chemical and gasoline additive MTBE. He helped obtain settlements of $136 million from approximately a dozen defendants prior to or at the commencement of trial and participated in the three-month trial against ExxonMobil which resulted in a $236 million jury verdict against ExxonMobil. The jury verdict was affirmed on appeal by the New Hampshire Supreme Court. Ben also worked on such notable cases as Connecticut v. American Electric Power Company, Native Village of Kivalina v. ExxonMobil Corporation, and Green Mt. Chrysler Plymouth Dodge Jeep v. Crombie, where he played a significant role in preparing evidence and cross examination in the multi-week Crombie trial.
- U.S. District Court, District of Massachusetts
- U.S. District Court, District of Vermont
Memberships & Associations
- American Bar Association
- Massachusetts Bar Association
- President, Board of Directors, Transportation Children’s Center (2016-2017)
- State of New Hampshire v. Exxon Mobil Corp., 26 A.3d 266 (N.H. 2015). Upholding $236 million jury verdict following three-month trial against petroleum company for polluting state’s groundwater.
- Connecticut v. American Electric Power Co., 582 F.3d 309 (2d Cir. 2009). Reinstating global warming tort case filed by states and land trusts, rev’d on other grounds, 131 S. Ct. 2527 (2011).
- State v. Hess Corp., 161 N.H. 426 (2011). Holding that, under parens patriae doctrine, a state suing a polluter for groundwater contamination may recover as damages the cost of treating private well contamination.
- New Hampshire v. N. Atlantic Refining, Ltd., 999 A.2d 396 (N.H. 2010). Upholding personal jurisdiction over oil company in MTBE litigation.
- New Hampshire v. Hess Corp., 982 A.2d 388 (N.H. 2009). Affirming proper service of process on two oil company defendants in MTBE litigation.
*Prior results do not guarantee or predict a similar outcome in any future matter.
Publications & Presentations
- Coauthor, “Behind the Curve: The National Media’s Reporting on Global Warming,” 33 Boston College Environmental Affairs Law Review 485, 2006
- Coauthor, “Global Warming As A Public Nuisance: Connecticut v. American Electric Power,” 16 Fordham Environmental Law Review 407, 2005
- Author, “Comment: Combating Urban Sprawl in Massachusetts: Reforming the Zoning Act through Legal Challenges,” 30 Boston College Environmental Affairs Law Review 605, 2003