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 [...]
What is the Value of an Environmental Logo?
When the Federal Trade Commission (FTC) updated the Green Guides in October 2012, it specifically set forth its objections to the misuse of environmental certifications and seals of approval (or [...]
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 [...]
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 [...]
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 [...]
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 [...]
Alert: Michigan’s Section 404 Wetland Program
On December 11, 2013, Region 5 of the U.S. EPA held a hearing on Michigan’s Section 404 Wetland Permitting Program. Interested parties still have time to submit written comments to [...]
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 [...]
The United States of Energy (Part 2): Concerns in Michigan and the Great Lakes
In a prior post we highlighted the recent energy boom in the U.S. Like elsewhere, the increased attention to energy production has been felt here in Michigan but on a [...]
United States of Energy (Part 3) – Solar
In our prior posts on this topic we described the remarkable increase in U.S. oil and natural gas production. Another area that isn’t getting as much press but shouldn’t be [...]