Experience

Attorney Tracy Klay’s practice focuses on general municipal law, land use, and real estate law, with an emphasis on environmental law and litigation. Tracy is also knowledgeable of the types of legal issues affecting Massachusetts coastal communities, such as the regulation of commercial and recreational shellfishing, tidelands, and harbors.

Tracy came to Kopelman and Paige from another Boston firm specializing in municipal law. He also worked at the Massachusetts Department of Environmental Protection where he was involved in a wide range of matters including environmental compliance and enforcement under Chapter 21E, the State Superfund Law.

Tracy regularly represents municipalities before boards, commissions and state agencies in connection with all manner of licensing, permitting, and regulatory matters.

Representative Matters

• Represented a municipality, local scallopers, and various stakeholders in convincing Marine Fisheries to adopt a precedent-setting, emergency state regulation regarding the harvesting of bay scallops.
• Represented a board of health during a site assignment proceeding, pursuant to G.L. c. 111, § 150A, involving the siting of a construction and demolition debris transfer station.
• Was the lead attorney in the representation of a Trust involved in a multi-year, $500,000-plus environmental contamination/remediation matter in Florida involving extensive coordination and negotiation with the Florida Department of Environmental Protection and the Florida AG, county and local government agencies and officials, and cleanup contractors and consultants.
• Represented clients involved in all aspects of Chapter 21E, § 4A pre-litigation and litigation matters, and in the litigation of CERCLA/RCRA-based claims, including a suit involving “threat of release” under Chapter 21E through pre-trial litigation resulting in a substantial settlement, including reimbursement of attorney fees.
• Successfully represented a board of selectmen in Gulf Resources, Inc. d/b/a Stadium CITGO v. Town of Foxborough and the Board of Selectmen for the Town of Foxborough before the Alcoholic Beverages Control Commission where the Commission found that the local licensing authority could consider future development in determining whether or not to grant a new license.

Prior Experience

Associate, Municipal Department, Mid-Sized Firm, Boston, MA (2007 to 2009)
Responsible for analyzing legal issues affecting municipal officials, boards, commissions and departments throughout the Commonwealth and providing advice on all aspects of administrative, environmental, municipal, and real estate law and litigation with an emphasis on issues affecting coastal communities.

Massachusetts Department of Environmental Protection, Boston, MA (11 years)
Divisions of Hazardous and Solid Waste, Bureau of Waste Prevention
Responsible for coordinating and directing compliance and enforcement activities under the Toxic Use Reduction Act, developing and directing the Landfill Capping Grant Program, which included chairing an advisory committee and drafting legislation and promulgating regulations found at 310 CMR 37.00, and pursuing cost recovery and enforcement actions under Chapter 21E in the Office of Incident Response.

Bar & Court Admissions

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

Education

Boston University School of Law, JD, 1991

University of Massachusetts at Amherst, MRP in Regional Planning, 1982

University of Massachusetts at Amherst, BS in Environmental Design, cum laude, 1979
Honors Program in Land Use Planning and Site Analysis.

< Prev		Next >