Decisions providing clarity on Michigan’s Seller Disclosure Act (“SDA”) are few and far in between. Cases involving environmental issues are even rarer. Gholston v Sherrill is the exception. Gholston addressed…
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…
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…
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…
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,…
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…
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…
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…
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…
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…