Environmental Law and Business Blog

Alert: Phase I ESA Changes

The “all appropriate inquiry” rules published by U.S. EPA will probably be updated by the end of the year to include a new standard for Phase I Assessments.  The new standard will  reflect a publication… Read More >

New Guide – The Resource Conservation and Recovery Act (RCRA)

A new publication is available that reviews the Resource Conservation and Recovery Act (RCRA).  RCRA is the principal Federal law governing the handling, recycling, labeling, testing and identification of solid and hazardous waste.  RCRA was… 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 >

Pitfalls When Blogging About Green Products

In previous blogs I commented on the importance of having scientific data to support advertisements for green products.  Compliance with FTC’s Green Guides should also be considered when using social media to promote green products…. Read More >

Green Guides – Is it degradable or compostable?

In a previous blog we discussed the Federal Trade Commission’s (FTC) updates to the “Guides for the Use Environmental Marketing Claims,” 16CFR260 (the Green Guides) in October 2012.  One of the more problematic areas for… Read More >

WHEN IT COMES TO MINERAL RIGHTS, “NO” MAY NOT MEAN “NO”

Can a property owner be forced to allow the removal of oil and gas from below the property?  In Michigan, the answer could be “yes”, regardless of whether the owner consents to it or not. … 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 >

Remembering D-Day, June 6, 1944.

A view of the English Channel from the American Cemetery above Omaha Beach, Normandy, France. 

Michigan’s Local Program for Wellhead Protection

Michigan has a program for protecting a community’s drinking water quality that is implemented at the local level.  This is referred to as Michigan’s Wellhead Protection Program (WHPP).  The creation of WHPP was an outgrowth… Read More >