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http://www.desautelbrowning.com/

Desautel Browning Law, 38 Bellevue Avenue Suite B, Newport, RI (2026)

07/29/2026

Most environmental due diligence content is written for buyers. This 𝗼𝗻𝗲 𝗶𝘀 𝗳𝗼𝗿 𝘀𝗲𝗹𝗹𝗲𝗿𝘀.

If you're selling commercial property in 𝗥𝗵𝗼𝗱𝗲 𝗜𝘀𝗹𝗮𝗻𝗱, 𝗠𝗮𝘀𝘀𝗮𝗰𝗵𝘂𝘀𝗲𝘁𝘁𝘀, 𝗼𝗿 𝗖𝗼𝗻𝗻𝗲𝗰𝘁𝗶𝗰𝘂𝘁, here are six environmental issues that show up at the closing table — and the cost of addressing them in the contract negotiation phase is a fraction of the cost of addressing them after closing:

1. The buyer's Phase I came back with something. You didn't disclose it because you didn't think you had to. State disclosure laws vary — and ignorance is rarely a defense.

2. The wetlands delineation is older than 5 years. The buyer wants it redone. The timeline now affects your closing date.

3. Open enforcement actions with DEM or MassDEP show up in the regulatory file pull. These transfer with the property unless your indemnity language is airtight.

4. The buyer requests environmental representations and warranties that survive closing. What you sign here matters for years.

5. The lender requires a Phase II based on the Phase I findings. Now there's a timeline pressure you didn't budget for.

6. The buyer wants escrow held back for environmental remediation. The amount, the term, and the release conditions are all negotiable — but only before you sign.

Sellers who engage counsel BEFORE the P&S is finalized 𝗲𝗻𝗱 𝘂𝗽 𝘄𝗶𝘁𝗵 𝗰𝗹𝗲𝗮𝗻𝗲𝗿 𝗰𝗹𝗼𝘀𝗶𝗻𝗴𝘀 𝗮𝗻𝗱 𝗹𝗲𝘀𝘀 𝗽𝗼𝘀𝘁-𝗰𝗹𝗼𝘀𝗶𝗻𝗴 𝗲𝘅𝗽𝗼𝘀𝘂𝗿𝗲.

🔗 https://lnkd.in/gPh7gZ6m | (401) 477-0023

07/15/2026

Most businesses think the Rhode Island Public Utilities Commission is a utilities-only conversation. It's not.

When your electric, gas, or water rates change — your business is paying. When grid interconnection rules change — your renewable energy project, EV fleet, or backup power plan is affected. When the PUC opens a docket on demand response, distributed energy, or rate design — you have a right to be heard.

Three things businesses get wrong about engaging at the RI PUC:
1. Thinking they have to be a utility to intervene. They don't. Commercial users, trade groups, and even individual property owners can seek intervenor status in the right cases.
2. Waiting for the final order to react. By then, the record is closed and the appeal options are narrow. Real influence happens during the hearing process.
3. Assuming their utility represents their interests. Sometimes the utility's interest and your business's interest are aligned. Often they aren't.

We've watched businesses absorb cost increases they could have contested — because no one told them they had standing to be in the room.

If your business is affected by an active PUC docket and you don't know it yet — that's the call to make.

🔗 https://link.msgsndr.com/sp/e9479007a4d | (401) 477-0023

07/13/2026

Summer is permitting season in New England.

By mid-August, every CRMC, DEM, ACOE, and local zoning office in Rhode Island and Massachusetts is processing a flood of applications — and your application is one in a stack.

Here's what experienced developers, property owners, and project managers do BEFORE the July rush turns into an August backlog:

• 𝗙𝗶𝗹𝗲 𝗰𝗼𝗺𝗽𝗹𝗲𝘁𝗲 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀 — not phased ones. Incomplete submissions get re-queued, not corrected on the fly.
• 𝗥𝗲𝗾𝘂𝗲𝘀𝘁 𝗽𝗿𝗲-𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗺𝗲𝗲𝘁𝗶𝗻𝗴𝘀 with the agency. Most are free. Almost none are mandatory. Almost all of them save weeks later.
• 𝗚𝗲𝘁 𝘆𝗼𝘂𝗿 𝘄𝗲𝘁𝗹𝗮𝗻𝗱𝘀 𝗱𝗲𝗹𝗶𝗻𝗲𝗮𝘁𝗶𝗼𝗻 done THIS month. Field season is short; agencies require recent surveys.
• If your project crosses jurisdictions (CRMC + DEM, or RI + MA, or local + state), 𝗳𝗶𝗹𝗲 𝗶𝗻 𝗽𝗮𝗿𝗮𝗹𝗹𝗲𝗹 — not in sequence.
• Confirm your 𝘀𝘂𝗿𝘃𝗲𝘆, 𝗲𝗻𝘃𝗶𝗿𝗼𝗻𝗺𝗲𝗻𝘁𝗮𝗹, 𝗮𝗻𝗱 𝗲𝗻𝗴𝗶𝗻𝗲𝗲𝗿𝗶𝗻𝗴 𝗱𝗲𝗹𝗶𝘃𝗲𝗿𝗮𝗯𝗹𝗲𝘀 𝗮𝗿𝗲 𝗰𝘂𝗿𝗿𝗲𝗻𝘁. Anything dated more than 2 years gets flagged.

Time you spend in July saves you weeks in August.

If your project is sitting on a desk somewhere and not moving — we can usually tell you why in a 15-minute call.

Reach out to us 🔗 https://link.msgsndr.com/sp/e9479007a4d | (401) 477-0023

06/29/2026

You don't pick an environmental lawyer for their bar number. You pick one for what they did before they were one.

Before 𝗠𝗮𝗿𝗶𝘀𝗮 𝗗𝗲𝘀𝗮𝘂𝘁𝗲𝗹 founded this firm in 2015, she was:

• 𝗦𝗲𝗻𝗶𝗼𝗿 𝗟𝗲𝗴𝗮𝗹 𝗖𝗼𝘂𝗻𝘀𝗲𝗹 to the Rhode Island Department of Environmental Management — for over 8 years
• 𝗟𝗲𝗴𝗮𝗹 𝗖𝗼𝘂𝗻𝘀𝗲𝗹 𝘁𝗼 𝘁𝗵𝗲 𝗥𝗜 𝗦𝗲𝗻𝗮𝘁𝗲 𝗖𝗼𝗺𝗺𝗶𝘁𝘁𝗲𝗲 on Environment and Agriculture
• An 𝗲𝗻𝘃𝗶𝗿𝗼𝗻𝗺𝗲𝗻𝘁𝗮𝗹 𝘀𝗰𝗶𝗲𝗻𝘁𝗶𝘀𝘁 working on regulatory policy across New England
• A 𝗴𝗿𝗮𝗱𝘂𝗮𝘁𝗲-𝗹𝗲𝘃𝗲𝗹 𝗿𝗲𝘀𝗲𝗮𝗿𝗰𝗵𝗲𝗿 in marine and coastal policy

When she's across the table from DEM or CRMC today, she's argued the other side of that table. When she's drafting a regulatory comment letter, she's been the one drafting the rule.

That's not a credential. That's the 𝗱𝗶𝗳𝗳𝗲𝗿𝗲𝗻𝗰𝗲 𝗯𝗲𝘁𝘄𝗲𝗲𝗻 𝗸𝗻𝗼𝘄𝗶𝗻𝗴 𝘁𝗵𝗲 𝗹𝗮𝘄 and knowing the agency.

If your matter touches RI environmental, energy, or coastal regulation — this is the bench you want.

🔗 https://link.msgsndr.com/sp/e9479007a4d

06/23/2026

Permits matter — and so does how they're classified.

This week, Desautel Browning partner Marisa Desautel 𝗳𝗶𝗹𝗲𝗱 𝗮 𝟲𝟬-𝗱𝗮𝘆 𝗻𝗼𝘁𝗶𝗰𝗲 𝗼𝗳 𝗶𝗻𝘁𝗲𝗻𝘁 𝘁𝗼 𝘀𝘂𝗲 𝘁𝗵𝗲 𝗨.𝗦. 𝗘𝗣𝗔 𝗼𝗻 𝗯𝗲𝗵𝗮𝗹𝗳 𝗼𝗳 𝗡𝗼𝗿𝘁𝗵 𝗞𝗶𝗻𝗴𝘀𝘁𝗼𝘄𝗻, challenging the air quality permitting classification for a proposed sludge pyrolysis plant at Quonset Business Park.

The core argument: 𝗽𝘆𝗿𝗼𝗹𝘆𝘀𝗶𝘀 𝗶𝘀𝗻'𝘁 𝗰𝘂𝗿𝗿𝗲𝗻𝘁𝗹𝘆 𝗹𝗶𝘀𝘁𝗲𝗱 𝗶𝗻 𝗳𝗲𝗱𝗲𝗿𝗮𝗹 𝗼𝗿 𝘀𝘁𝗮𝘁𝗲 𝗶𝗻𝗰𝗶𝗻𝗲𝗿𝗮𝘁𝗶𝗼𝗻 𝗿𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻𝘀, but its cumulative emissions — combined with an existing facility nearby — warrant a "major source" designation, triggering a more stringent review and mandatory public hearings.

The project is on hold under newly passed state legislation, but permit challenges don't wait for legislative timelines. 𝗣𝗿𝗼𝗮𝗰𝘁𝗶𝘃𝗲 𝗶𝘀 𝘁𝗵𝗲 𝗿𝗶𝗴𝗵𝘁 𝗽𝗼𝘀𝘁𝘂𝗿𝗲 𝘄𝗵𝗲𝗻 𝗰𝗼𝗺𝗺𝘂𝗻𝗶𝘁𝘆 𝗵𝗲𝗮𝗹𝘁𝗵 𝗶𝘀 𝗼𝗻 𝘁𝗵𝗲 𝗹𝗶𝗻𝗲.

𝗙𝘂𝗹𝗹 𝘀𝘁𝗼𝗿𝘆 🔗 https://link.msgsndr.com/sp/b8b125d857d
via Rhode Island Current

06/20/2026

The Rhode Island Coastal Resources Management Council (CRMC) issued its first major decision as a retooled council this week: a 𝘂𝗻𝗮𝗻𝗶𝗺𝗼𝘂𝘀 𝗽𝗲𝗿𝗺𝗶𝘁 𝗮𝗽𝗽𝗿𝗼𝘃𝗮𝗹 for SouthCoast Wind's Rhode Island cable route.

What the headline doesn't capture: the Fishermen's Advisory Board rejected the $1M+ mitigation package.

Their chosen counsel, 𝗗𝗲𝘀𝗮𝘂𝘁𝗲𝗹 𝗕𝗿𝗼𝘄𝗻𝗶𝗻𝗴 𝗽𝗮𝗿𝘁𝗻𝗲𝗿 𝗠𝗮𝗿𝗶𝘀𝗮 𝗗𝗲𝘀𝗮𝘂𝘁𝗲𝗹, was 𝗲𝘅𝗰𝗹𝘂𝗱𝗲𝗱 𝗳𝗿𝗼𝗺 𝗰𝗼𝗺𝗽𝗲𝗻𝘀𝗮𝘁𝗶𝗼𝗻 negotiations without explanation.

And the project still faces significant regulatory hurdles — a revoked federal BOEM permit, a pending RIDEM construction approval, and a required submerged lands lease from the General Assembly.

Regulatory approval and regulatory finality are two different things.

𝗪𝗲 𝗿𝗲𝗽𝗿𝗲𝘀𝗲𝗻𝘁 𝘁𝗵𝗲 𝗰𝗼𝗺𝗺𝘂𝗻𝗶𝘁𝗶𝗲𝘀 𝗮𝗻𝗱 𝗶𝗻𝗱𝘂𝘀𝘁𝗿𝗶𝗲𝘀 𝘀𝘁𝗶𝗹𝗹 𝗶𝗻 𝘁𝗵𝗶𝘀 𝗽𝗿𝗼𝗰𝗲𝘀𝘀.

𝗥𝗲𝗮𝗱 𝗺𝗼𝗿𝗲 🔗 https://link.msgsndr.com/sp/e93ae517b7b
via Rhode Island Current

06/16/2026

Most commercial deals don't die on price. They die on environmental surprises that show up between handshake and closing — when there's no time, no leverage, and no margin to fix them.

Here's the 𝟳-𝘀𝘁𝗲𝗽 𝗱𝘂𝗲 𝗱𝗶𝗹𝗶𝗴𝗲𝗻𝗰𝗲 𝗽𝗹𝗮𝘆𝗯𝗼𝗼𝗸 our firm walks clients through on every commercial transaction in Rhode Island, Massachusetts, and Connecticut:

1. Order a Phase I Environmental Site Assessment from a qualified consultant. Federal AAI standard. Not optional.
2. Verify the consultant follows ASTM E1527-21. Older protocols don't protect you.
3. Review historical aerial imagery yourself. Sanborn maps, FEMA flood maps, RI GIS, MassGIS. Many disasters show up in 1960s photos.
4. Check the regulatory file at DEM (RI) or MassDEP. Open enforcement actions transfer with the property.
5. Confirm wetlands and waters delineation. Old delineations expire. Federal jurisdiction shifted post-Sackett.
6. Negotiate environmental indemnities into the P&S. 'Subject to' is not protection.
7. Have environmental counsel review BEFORE you waive contingencies.

Step 7 is the one most buyers skip. It's also the one that costs the least and saves the most.

Save the post. Then call us before you waive contingencies.

🔗 https://link.msgsndr.com/sp/e9479007a4d | (401) 477-0023

06/12/2026

Some achievements are defined not by a single moment, but by a sustained commitment to excellence over time.

We are proud to congratulate 𝗠𝗮𝗿𝗶𝘀𝗮 𝗗𝗲𝘀𝗮𝘂𝘁𝗲𝗹 on being recognized with the 𝗣𝗿𝗼𝗳𝗲𝘀𝘀𝗶𝗼𝗻𝗮𝗹 𝗘𝘅𝗰𝗲𝗹𝗹𝗲𝗻𝗰𝗲 𝗶𝗻 𝗟𝗮𝘄 𝗔𝘄𝗮𝗿𝗱 𝗳𝗼𝗿 𝟮𝟬𝟮𝟲.

Recognized each year since the award's inception in 2019, this distinction reflects Marisa's unwavering dedication to her clients, her colleagues, and the legal profession. While awards acknowledge achievement, those who work alongside Marisa know that her impact extends far beyond recognition. Her professionalism, integrity, leadership, and commitment to serving others continue to leave a lasting impression on those around her.

Earning this honor year after year is not simply a reflection of exceptional legal work—it speaks to the consistency, trust, and excellence that have defined her career.

We are grateful for the example Marisa sets every day and proud to celebrate this well-deserved recognition.

Please join us in congratulating Marisa on another remarkable achievement. 👏

06/11/2026

On 𝗘𝗻𝘃𝗶𝗿𝗼𝗻𝗺𝗲𝗻𝘁𝗮𝗹𝗹𝘆 𝗦𝗽𝗲𝗮𝗸𝗶𝗻𝗴, we covered attorney-client confidentiality and how it applies across the many types of clients encountered in environmental law practice.

Marisa explains the differences between representing individuals, municipalities, state agencies, nonprofits, and other organizations, and discusses a key legal question: when the client is a group, who does the attorney actually represent?

🎧 Listen on Spotify, Apple Podcasts, or wherever you get your shows.

𝗦𝗲𝗮𝗿𝗰𝗵: 𝗘𝗻𝘃𝗶𝗿𝗼𝗻𝗺𝗲𝗻𝘁𝗮𝗹𝗹𝘆 𝗦𝗽𝗲𝗮𝗸𝗶𝗻𝗴 𝘄𝗶𝘁𝗵 𝗠𝗮𝗿𝗶𝘀𝗮 𝗗𝗲𝘀𝗮𝘂𝘁𝗲𝗹.

If you're in a transaction right now and something in the episode feels close to home — that's the call to make. (401) 477-0023.

🔗 https://link.msgsndr.com/sp/e9479007a4d

06/09/2026

University of Rhode Island doctoral student Emmanuel Oyewole is studying the impact of offshore wind on Jonah crabs, a common red crustacean that has recently become more popular in the culinary world as lobsters migrate farther north due to climate change and their populations continue to fall.

Read article: https://link.msgsndr.com/sp/7f4542e6e02

Desautel Browning Law

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Monday	8:30am - 5pm
Tuesday	8:30am - 5pm
Wednesday	8:30am - 5pm
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