Practice Areas
Automotive Plant Renovation
Experience includes due diligence for potential purchase to closing the deal, working on brownfields and other financial incentives, leasing and redevelopment transactions, cleanups and the array of potential environmental issues such as construction in wetlands, stormwater management, landlord/tenant issues, and more.
Environmental Litigation, Permits and Compliance
The common theme of over 25 years' experience as an environmental attorney is dealing with administrative bureaucracy. Whether in court, responding to administrative enforcement, or simply dealing with due diligence and compliance issues, environmental law involves issues of balancing and fairness.
The framework of environmental law is complex. Few courts have extensive experience with environmental statutes and regulations. Few administrative agencies comprehend how businesses and municipalities work, or what is reasonable for an individual wanting to make use of his or her property. The driving force for many clients is the need for assistance to obtain a fair result.
Great Lakes, Inland Lakes and Rivers
Competing interests in the uses and enjoyment of waterfront property can result in contentious litigation. Property owners' interests in enjoying their property can conflict with agency regulation of wetlands, sand dunes, dredging and other land and water management issues.
Michigan BEA and Due Care
Since 1995, the use of BEAs and due care provisions under Part 201 of the Natural Resources and Environmental Protection Act has helped to protect purchasers of contaminated property. Call for more information.
Superfund Litigation
Manage Superfund cases to your best advantage. Experience includes:
- Common counsel to large and small groups;
- Negotiating de minimis settlement;
- Negotiating RI/FS and remedy; and more.
Superfund cases can depend on many different theories of liability, defenses and litigation strategies:
- Toll manufacturing;
- Arranger liability (recent Burlington Northern decision);
- Claims against the fund;
- Contribution and cost recovery actions;
- Negotiations with US EPA and DOJ; and more.
Cases in numerous jurisdictions/EPA Regions, including:
- Illinois
- Indiana
- Kentucky
- Michigan
- New York
- Ohio
- Texas
Regulatory and Administrative Law
Complying with regulations and dealing with governmental agencies present similar challenges in any area of government regulation. With primary experience dealing with the environmental regulations, I have worked on many cases involving other areas of government regulation and oversight of commercial and private conduct, including food and drug regulations, pharmaceutical regulations, and agricultural regulations.
Self-Auditing and Self-Reporting
Do it or not - a corporate decision. Call to discuss.