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Environmental Law and Business Blog

The Tronox Tale: Shell Corporations and Environmental Liabilities

The creation of an under-capitalized corporation is an oft used strategy for minimizing environmental risks.  However, as many economists have said, “there’s no such thing as a free lunch”, and any business worth its salt… Read More >

Contamination Migrating From Building Structural Component Not A CERCLA ‘Disposal’

Scenario: a corporate property owner constructs a building, coats it with a previously unknown carcinogen and many years later the property and assets of the owner are purchased by a company that merges with another… Read More >

Redevelopments gone bad: An update on Ashley II of Charleston LLC v. PCS Nitrogen Inc.

In a previous post we reported on a case in the 4th Circuit, Ashley II of Charleston LLC v PCS Nitrogen Inc., that could have a chilling effect on developers interested in redeveloping contaminated property. … Read More >

Recent Supreme Court Cases – Logging Roads and the EPA’s Silvicultural Rule

The U.S Supreme Court recently decided the case of Decker v Northwest Environmental Defense Center, (U.S. Mar 20, 2013). In Decker the Supreme Court reviewed the lower court’s Opinion that had held stormwater discharges from… Read More >


The Supreme Court recently agreed to hear arguments in the matter of Tarrant Regional Water District v. Herrmann, No. 11-889 (S.Ct, filed January 19, 2012; cert. granted January 4, 2013).  The Tarrant case is interesting… Read More >

New Michigan Business Courts May Play Important Role in Resolving Environmental Disputes

  Governor Rick Snyder recently signed Public Act 333 (the “Business Court Act”), establishing a separate business court in Michigan.  These courts will provide a unique forum for resolving complex disputes between business organizations, disputes… Read More >

Regulating Runoff from Logging Roads

The only U.S. Supreme Court case on the Court’s Fall docket relating to an environmental matter is Decker v. Northwest Environmental Defense Center. In this case (which was consolidated with Georgia Pacific West, Inc. v…. Read More >

Can governments really be held liable under CERCLA for mine waste contamination?

Federal and State governments are frequently targets of CERCLA contribution actions (or cost recovery actions) where they have allowed third parties to engage in hazardous waste generating activities on property owned or leased by the… Read More >

Brownfield Redevelopers Beware!

Due Care and Indemnification Agreements and the CERCLA BFPP Defense The last year has seen its share of unique decisions relating to CERCLA liability.  Recently I blogged about one case with ramifications for brownfield developers: … Read More >

File This One Under Yikes!

Developers need to take heed of this one. Based on a recent decision in the Federal Court for the Eastern District of Michigan, developers could find themselves involved in lawsuits alleging that they are liable… Read More >