About Kevin A Lavalle Attorney
Detroit College of Law
- Juris Doctor (magna cum laude), 1988
Illinois Institute of Technology
- Master of Science in Environmental Engineering, 1983
University of Michigan
- Bachelor of Science, 1980
ADMITTED TO PRACTICE
- State of Michigan, 1988
- United States District Court – Eastern District of Michigan
- United States District Court – Western District of Michigan
- Genesee County Bar Association
- State Bar of Michigan (Sections: Environmental Law and Real Property)
- American Bar Association (Sections: Environment, Energy and Resources)
- Attorney General ex rel. Department of Environmental Quality v. Richfield Iron Works, Inc., unpublished opinions per curiam of the Court of Appeals, issued Oct. 9, 2001 (Docket No. 219654 & 224318) [Scope of contribution protection afforded to PRPs entering into consent decrees with the State of Michigan].
- Farm Bureau Mutual Insurance Company of Michigan v. Porter & Heckman, Inc., 220 Mich. App. 627 (1996) [Seminal case of operator and arranger liability under the Michigan Environmental Response Act].
- Freeport-McMoran Resource Partners Ltd. Partnership v. B-B Paint Corp., 56 F.Supp.2d 823 (1999) [Level of proof necessary to support a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act].
- Hicks Family Limited Partnership v. 1st National Bank of Howell, unpublished opinion per curiam of the Court of Appeals, issued Oct. 3, 2006 (Docket No. 268400) [Elements necessary to assert a valid claim for cost recovery under Part 201 of NREPA].
- Hicks Family Limited Partnership v. 1st National Bank of Howell, unpublished opinion per curiam of the Court of Appeals, issued July 15, 2008 (Docket No. 276575) [Plaintiff’s status as a PRP does not preclude it from bringing a cost-recovery action under Part 201 of NREPA]
- Negotiated consent judgments with the Michigan Department of Environment Quality to resolve violations relating to releases of hazardous substances, air emissions and filing wetlands.
- Completed due diligence activities at numerous automobile dealerships throughout the United States.
- Helped establish one of the first wetland mitigation areas in the State of Indiana.
- Represented numerous owners of leaking above and underground storage tanks.
- Successfully represented a citizens group in defeating the construction of a landfill.
- Obtained company-wide storm water permits for a national trucking company.
- Served as counsel to local lake associations.
- Negotiated the first host agreement between a Genesee County municipality and a landfill.
- Successfully defended persons accused of committing environmental crimes.
- Negotiated one of the most hotly-contested air permits in the State of Michigan.
- Served as a counsel to a nationwide environmental consulting firm.
- Defended clients from claims under the Clean Water Act for illegal filling of wetlands.
- Provided legal counsel and guidance to a national horticultural product companies.
- Assisted in defeating attempts to close the only public off road vehicle area located in Southeast Michigan.
- Desulfobacter Biocatalyzed Reduction of Gypsum Wastes: Applications to Phosphoric Acid Manufacturing M.S. Thesis, 1983.
- Co-Author: Management of Industrial Pollutions by Anaerobic Processes. United States Environmental Protection Agency, 1984.
- Groundwater Contamination: Removal of the Constraints Barring Recovery for Increased Risk and Fear of Future Disease. Detroit College of Law Review. Volume 1988’s Issue 1.
- Federal and State Laws Which Impact on Groundwater Considerations at Solid Waste Disposal Facilities. Great Lakes International Solid Waste Management Forum, March 1991.
- Underground Storage Tank Update. Genesee County Bar Association Bar Beat, July 1991.
- Use of Baseline Environmental Assessment to Avoid Cleanup Liability. 2005.
- Changes to Michigan’s Environmental Cleanup Statute. Genesee County Bar Association Bar Beat, September/October 2011.
COMMUNITY SERVICE AND INTERESTS
- Commentator for the following Institute of Continuing Legal Education programs:
Representing Owners and Operators under Act 307;
The New Michigan Environmental Cleanup Legislation: Liability, Remediation and Real Estate Transfers; and
Baseline Environmental Assessments: BEA’s from A to Z.
- AYSO soccer coach and referee
- Holly Academy JV Soccer Coach
- Soccer Zone Soccer Coach