About Kevin A Lavalle Attorney

EDUCATION

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

PROFESSIONAL MEMBERSHIPS

  • Genesee County Bar Association
  • State Bar of Michigan (Sections: Environmental Law and Real Property)
  • American Bar Association (Sections: Environment, Energy and Resources)

REPRESENTATIVE CASES

  • 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 Department of Environmental Quality v. Richfield Iron Works, Inc., unpublished opinions per curiam of the Court of Appeals, issued Oct. 9, 2001 (Docket No. 219654 & 224318) [Scope of contribution protection afforded to PRPs entering into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  • Hicks Family Limited Partnership v. 1st National Bank of Howell, unpublished opinion per curiam of the Court of Appeals, issued Oct. 3, 2006 (Docket No. 268400) [Elements necessary to assert a valid claim for cost recovery under Part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  • Hicks Family Limited Partnership v. 1st National Bank of Howell, unpublished opinion per curiam of the Court of Appeals, issued July 15, 2008 (Docket No. 276575) [Plaintiff’s status as a PRP does not preclude it from bringing a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]

OTHER EXPERIENCE

  • Negotiated numerous consent agreements with the EGLE to resolve violations relating to releases of hazardous substances, air emissions and filling 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 storage tanks.
  • Successfully represented a citizens group in defeating the siting of a landfill.
  • Obtained one of the first company-wide storm water permits in the nation for a national trucking company.
  • Served as counsel to several 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 outside corporate counsel to a nationwide environmental consulting firm.
  • Defended clients from claims for illegal filling of wetlands.
  • Served as outside corporate counsel to a national horticultural product company.
  • Assisted in defeating attempts to close the only public off road vehicle area located in Southeast Michigan.
  • Successfully prosecuted actions under NREPA for injunctive relief and cost recovery.
  • Assisted client in rezoning of property for proposed marijuana grow operation.
  • Assisted citizens group is shutting down marijuana grow operation in residential neighborhood.
  • Successfully prosecuted claims for violations of restrictive covenants and easements.
  • Recovered treble damages for the illegal cutting of trees.
  • Represented a Fortune 200 Company in zoning matters throughout the State of Michigan.
  • Served as environmental counsel for sale of a former automotive manufacturing facility.
  • Successfully resolved property boundary matters including claims for adverse possession.
  • Lead counsel for PRP in 15-year groundwater contamination case.
    Successfully defended farmers against nuisance actions.
  • Served as environmental counsel for sale of bankrupt environmentally distressed property.
  • Completed purchase of former state hospital building for use as a community college.
  • Represented national railroad in rezoning and site plan approval of intermodal transfer station.

PUBLICATIONS

  • 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
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