About Us – New Hampshire Water Law

Justin C. Richardson

I represent individuals, businesses, municipalities and public utilities in the areas utility, municipal, environmental and real estate law in New Hampshire. I have twenty three years of experience handling matters before State Courts and agencies, including the NH Department of Environmental Services, Water and Wetlands Councils, the NH Public Utilities Commission and the NH Energy Facility Site Evaluation Committee.

Our Approach

Our Story

My Background

I started practicing law in 1996 in the Environmental Protection Bureau of the NH Attorney General's Office where I brought enforcement actions on behalf of the NH Department of Environmental Services. I also served as the Counsel for the Public before the Energy Facility Site Evaluation Committee on proposed power plant and pipeline projects. In 2000, I served as in house counsel for an engineering firm that provided appraisal and consulting services to municipal and county governments related to energy and utility projects.

In 2005, I entered into private practice with Upton & Hatfield, LLP and developed a practice representing municipalities and businesses on water, utility and environmental issues.

I enjoy helping clients solve complex problems involving land use, water use and environmental issues, whether in court, in permit hearings and appeals, or before local boards.

Case Examples

Here are a few examples of cases that may help you understand who I am and the services I provide for my clients.

Pennichuck Water Works

I represented the City of Nashua in its efforts to acquire the Pennichuck Water Works, New Hampshire’s largest investor-owned water utility during a seven year legal battle before the New Hampshire Public Utilities Commission. The PUC granted the City's petition after a seven year legal battle over control of the system.

Moody Point

On January 9, 2014, I obtained a landmark ruling for the Town of Newmarket protecting a 71-acre parcel that includes Lubberland Creek and rare salt marsh habitat that experts described as “one of the most pristine and unaltered wetland/wildlife habitats in the Great Bay system.” The Court upheld a development restriction based on statements made by the applicant to the Planning Board that a 300 to 500 foot buffer zone would be established to protect the salt marsh. However, two years after the Planning Board approved the project, a fire destroyed the Town’s records related to the project.

Water Utility Rate Approvals

I have represented water utilities in several rate cases before the NH Public Utilities Commission. These proceedings typically get resolved in negotiated settlements. However, in one highly contested case, the Commission rejected Staff's proposal that rates be lowered as “more punitive than constructive” and found that the Company had its “customers’ best interest in mind". The Commission approved a rate increase and financial restructuring.