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…
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…
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…
Causation Requirements in Toxic Torts
The Michigan Court of Appeals has offered much needed guidance to those considering pursuing toxic tort claims. That guidance, found in the case of Powell-Murphy v Revitalizing Auto Communities Environmental…
IS CERCLA STANDING IN THE WAY OF A NEW SANDBOX
In Atlantic Richfield Company v Christian, 140 S. Ct. 1335 (2020), the U.S. Supreme Court touched upon the ramifications of being a Potentially Responsible Party (“PRP”) under the Comprehensive Environmental…
Cass River Cleanup
I’d like to thank my team members from the Tuscola County Democratic Committee and Republican Buzz for helping me on Saturday, September 21st. You guys were awesome. We removed so…