Achieving Results, Exceeding Expectations

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 >

The United States of Energy (Part 1)

Unless you’ve been living under a rock or in a cave for the past year you’ve probably heard that U.S. oil and gas production is going strong. In fact, it’s going like gangbusters.  According to… Read More >

Old Tank Sites Subject to New DEQ Initiative

The MDEQ is increasing its review of dormant but open leaking underground storage tank (“LUST”) sites.  This informal initiative is designed to resolve site status at open LUST locations.  The MDEQ is requesting access to… 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 >

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 >