Henry v Dow Revisited
In Henry v Dow Chemical 2017 WL 239069, the Michigan Court of Appeals addressed the application of the statute of limitations to claims arising from the presence of dioxin contaminationalong…
Bills seek to change way cleanups are conducted
Two recent bills simultaneously introduced into the Michigan House of Representatives and Senate seek to change the way that remedial action is selected. By way of background, remedial action includes…
STORMWATER UTILITY ACT REBORN
In 2017, I wrote a blog post on Michigan House Bill HB 4100, which sought to create the “Stormwater Utility Act.” The proposed Act was intended to confer legal authority…
Scaling Back Relief for Flooded Property
The Governmental Immunity Act grants governmental agencies broad immunity for tort liability. The Act contains an exception for liability arising from overflows or backups from sewage disposal systems however. The…
A New Twist on the Statute of Limitations in Environmental Claims?
Statute of limitations require a person with a cause of action to bring suit within a specific period of time. Determining when that time period begins and ends is often…
Michigan Underground Storage Tank Cleanup Fund Claims
The Michigan Underground Storage Tank Authority began accepting claims for corrective action and indemnification on January 1, 2016. Claims are limited to release(s) discovered and reported on or after December…
Changes to Liquid Waste Regulations
The State of Michigan recently amended several laws that will significantly change the way liquid industrial wastes are regulated. The term “Liquid Industrial Waste” is being replaced by a new…
Update on the Use of Baseline Environmental Assessment
By Kevin A. Lavalle, Gault Davison PC and Jeffrey A. McCormack, Arcadia Environmental, LLC.
Prior to 1995, owners and operators of property were subject to strict liability for the cleanup of contaminated property. This liability scheme, commonly referred to as “draconian” by the commentators of the time, was abolished in 1995 by the Michigan Legislature and replaced with one based on fault. (more…)
Primer on Surface Water
Spring time in Michigan inevitably brings with it flooding problems. The first step in resolving a flooding issue is determining whether the offending water is in a natural watercourse or merely represents the natural flow of surface water. The character of the water determines which set of rules apply. (more…)
Ramifications of Failure to Disclose Contamination
A recent Michigan Court of Appeals decision illustrates the ramifications of failure to fully disclose the presence of hazardous substances prior to the sale of real estate. The case of Alfieri v Bertorelli, — N.W.2d —-, 2011 WL 4949671 (Mich.App.) involved a condominium project built on a site previously used to manufacture pipe organs and picture frames. It also housed a cyanide based metal plating operation. (more…)