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The Ticking Reopener “Timebomb”

For 18 years, Michigan has touted its BEA program as the best in the US for land purchasers.  It has been viewed as a virtual “get out of jail free” card relating to environmental contamination.  This...

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EPA issues its new year’s resolution – ASTM 1527-13

As you know, at Halloween, EPA gave us a “trick” by withdrawing its proposed rule adopting the new ASTM all appropriate inquiry standard.  As you may remember, EPA proposed to leave the old, 2005...

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What will be the top green stories of 2014?

As this new year kicks off, we thought we’d look ahead at what we think may be the big stories of 2014 at MichiganGreenLaw.com, in no particular order: •Wetlands – Will EPA and the Army Corps of...

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But they already did a phase I….

When a seller or lender gives a prospective buyer a phase I environmental site assessment (ESA) and it concludes there are no recognized environmental concerns, that means you’re “good to go,” right?...

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CSI Part II – MDEQ rolls out brownfield tax increment financing proposal –...

As you may recall from this spring, I was asked to serve on MDEQ’s initiative to  review and improve the “patchwork quilt” of statutes and rules regarding brownfield redevelopment incentives, grants...

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What will 2017 Bring? Dramatic Change?

In prior years, we knew that regulatory and environmental change was coming but we expected it to be slow and incremental.  With an unknown quantity like President Elect Trump, one thing is clear – no...

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MDEQ rescinds vapor intrusion guidance – uncertainty reigns – what is clean...

Back in the 1990’s, there was uncertainty about when a cleanup was truly completed – “how clean is clean?” was the question and it seems that those days may be returning – at least for a while. The...

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The contamination problem that no one talks about and that seems to defy...

A chemical threat to Michigan’s drinking water that regulators were unaware of and don’t know what to do about.  Sound familiar? Thinking Flint and lead in the water?  Well, you’d be wrong and it’s not...

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