The Cleanup Pendulum
Years ago, a friend and I had lunch with a former chief of the Michigan Environmental Response Division. One of the topics on the agenda was changes to Michigan’s cleanup…
Is Michigan Ready to Recognize a Claim for Medical Monitoring?
A series of bills were recently introduced in the Michigan Legislature seeking to modify a number of environmental statutes. Some of the proposed bills simply tweak existing laws. Others are…
Michigan Seeks to Implement Inspections of Septic Systems
As I stood in my yard recently watching a technician uncover my septic tank, I thought about the expression “out of sight, out of mind." It sums up the way…
Eliminating the use of Tetrachloroethylene (PCE) in dry cleaning
Perchloroethylene, aka tetrachloroethylene, PCE or PERC, is commonly referred to as dry cleaning fluid even though it is widely used in a variety of other products and industries. Michael Faraday,…
Pursuing A Declaratory Judgment of non-liability, Two Different Outcomes
A recent opinion from the Michigan Court of Appeals provides insight into remedies available for companies asked to undertake the performance of corrective action at hazardous waste sites. In CAI…
Acquiring Title by a Forged Deed
I recently received an email inquiry from a client. Some of her older friends were questioning whether a “hacker“ could acquire title to someone’s home without their knowledge. She inquired…
ZBAs and Appellate Relief in Michigan
A Zoning Board of Appeals (“ZBA”) plays an important role in regulating the development of land. ZBAs interpret zoning ordinances, decide appeals from administrative decisions, and grant variances. A party…
A Prudent Reason to Perform a Survey
A recent decision by the Michigan Court of Appeals in Coosard v Tarrant, --N.W.2d--(2022) provides an interesting example of one court’s application of fraud to a set of disjointed facts.Plaintiffs…
Costs and Attorney Fees Under the Michigan Right to Farm Act
The Right to Farm Act (“RTFA”) was enacted to protect farmers. The Court in Northville Twp v Coyne, 170 Mich App 446 (1988) stated:The Legislature undoubtedly realized that, as residential…
Constitutionality of a Municipal Tree Ordinance
Many municipalities have enacted local tree ordinances that must be taken into consideration prior to new construction. These ordinances are usually permit driven and require approval to remove trees from…