Revisions to the Federal Trade Commission “green Guides”
The Federal Trade Commission (FTC) on October 1, 2012 released the revised “Green Guides“, which is designed to help marketers with describing the environmental attributes of their products, so that [...]
Great Lakes Water Quality Agreement 2012
In 1972, United States and Canada signed the first Great Lakes Water Quality Agreement (GLWQA). In September 7, 2013, forty years later GLWQA-4, was signed by Canada and the United [...]
Justice Department Appeals Ruling on Epa’s Final Mine Waste Guidance
The EPA has been dealt yet another blow to its process of handling surface mining permits. In National Mining Association v. Jackson, the U.S. District Court for the District of [...]
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 [...]
New Mdeq Database – Recorded Restrictive Covenants
The Michigan Department of Environmental Quality (MDEQ) Remediation Division in conjunction with the recommendations from the Collaborative Stakeholders Initiative (CSI) have undertaken a mapping program for plotting all the recorded [...]
Congress Extends Wind Energy Tax Credit
Late Wednesday night, President Obama signed a bill that, among other things, extended wind energy tax credits for one year. The Wind Energy Production Tax Credit (“PTC”) and other related [...]
Is It Clean? – Michigan Certificates of Completion and No Further Action Letters
On December 22, 2012 Governor Snyder signed Senate Bill 1328 which became effective on December 27, 2012. The Bill amended portions of Part 201 of Michigan’s Natural Resources and Environmental [...]
Nhtsa: Electric Cars Need to Be Noisier
On Monday, the National Highway Traffic Safety Administration (NHTSA) proposed a rule that would require electric vehicles to be noisier. Apparently what 99% of the populace would probably consider to [...]
A Supreme Court Case to Keep an Eye on: Tarrant Regional Water District V Herrmann
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). [...]
GSA Seeks Input on Green Building Certifications for Federal Buildings
Section 436 of the Energy Independence and Security Act of 2007 requires the GSA to review (every 5 years) green building certification systems to identify a system that will encourage [...]
Lake Michigan Ice Boulders
Ice boulders or ice beach balls? What ever you call them they are rolling ashore along the Lake Michigan shoreline and they are getting a lot of press. Even the [...]
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 [...]
Emergency Financial Manager can Impact Brownfield Plans
In our May 24, 2012 blog entry, we cautioned that Brownfield plans and related agreements may be in jeopardy. Under the Local Governmental and School District Fiscal Accountability Act, MCL [...]
Observations: MDEQ/DNR Presentation on Oil and Gas Production in Michigan
Last night (April 30th) I attended a public presentation in Troy on oil and gas production in Michigan put on by the DEQ and DNR. The presenters were Tom Hoane [...]
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 [...]
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 [...]
Remembering D-Day, June 6, 1944.
A view of the English Channel from the American Cemetery above Omaha Beach, Normandy, France.
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 [...]
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 [...]
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 [...]
