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Environmental Law

With state and federal environmental regulations constantly evolving, as well as shifting enforcement priorities, it takes innovative approaches to solve what often seem like insurmountable problems.

At Jaffe, we offer cutting-edge expertise and the confidence that comes with decades of experience to help our clients navigate the complex minefield of environmental laws and regulations. We work closely with developers, manufacturers, lenders, buyers, sellers, borrowers, entrepreneurs, and municipalities in all areas of environmental law to reduce their exposure to environmental liabilities and to develop cost-effective compliance strategies. Our extensive knowledge helps our clients avoid obstacles, solve problems, and take maximum advantage of opportunities.

In addition to providing exceptional representation in environmental law matters, our attorneys serve on committees and working groups that are critical in the drafting of important legislation related to environmental liability, incentives for brownfield redevelopment, and solid waste regulations. This means that our deep knowledge and experience with environmental issues extend beyond the here and now to help shape the laws that affect our clients and their businesses and provide them opportunities into the future.

Additionally, our attorneys deal with state and federal superfund liability issues, negotiate with state and federal agencies, and litigate complex legal questions at every level of administrative and judicial proceedings. We are active in all facets of environmental litigation, including cost recovery and contribution lawsuits, citizen suits, contested cases, administrative proceedings, lawsuits under the Michigan Natural Resources and Environmental Protection Act, and the defense of governmental enforcement actions.

 

Service Index

  • Green energy
  • Oil and gas issues
  • Green construction and resource usage minimization
  • State and federal superfund defense and cost recovery
  • Brownfield redevelopment and funding
  • Solid and hazardous waste management issues
  • Wetland permitting/disputes
  • Underground storage tank closure
  • Clean Air Act permitting and defense
  • Asbestos, lead paint and mold issues
  • Negotiating settlements and orders with environmental agencies
  • Structuring purchases, financings and sales of property with environmental challenges
  • Environmental issues relating to insolvent and troubled enterprises
  • Overseeing environmental site and compliance assessments
  • Insurance recovery for contaminated sites
  • Wastewater treatment

Representative Matters

  • Lead counsel for real estate developer in multimillion-dollar dispute with major manufacturer over purchase of contaminated property.
  • Successfully litigated road abandonment issue for client against corporate neighbor and county agency.
  • Achieved very favorable settlement for United States v Rapanos defendant, following the landmark wetlands decision, keeping client’s property developable and keeping client out of prison.
  • Led environmental due diligence in complex $1.3 billion multi-state, multi-site acquisition.
  • Assisted client in obtaining a seven figure brownfield reimbursement following a municipal denial of client’s request.

Environmental Law

Environmental Law

News

March 1, 2022

The Growing Importance of ESG to Business

Business publications are full of articles regarding corporate environmental, social, and governance (ESG) programs. Until recently, ESG wasn’t on the radar of most corporate executives. Now, in response to increasing pressures from consumers, investors, and regulators, ESG is a significant concern for just about every large company, regardless of industry. The Securities and Exchange Commission ...

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February 15, 2022

PFAS impacts Michigan agriculture

Late last month, Michigan became one of the first few states to take a public stance on PFAS in the food supply.  The Michigan Department of Agriculture issued a Consumption Advisory notifying consumers that beef from a farm in Livingston County may contain perfluorooctane sulfonic acid (PFOS). PFOS is part of the PFAS chemical family and ...

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January 5, 2022

How Michigan’s PFAS Policies Could Change Federal Environmental Law in 2022

Policies developed by Michigan’s Department of Environment, Great Lakes, and Energy (EGLE) could end up impacting federal legislation in 2022, as officials call for research to understand potential health risks posed by per- and polyfluoroalkyl substances (PFAS) and their effect on human health. PFAS, also known as “forever chemicals” for their persistence in the environment ...

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November 30, 2021

16 Jaffe Attorneys Named as 2022 Top Lawyers by Dbusiness

SOUTHFIELD, MICH., November 30, 2021 – Jaffe Raitt Heuer & Weiss, P.C. CEO Jeffrey M. Weiss announced that 16 attorneys were recognized as 2022 Top Lawyers by DBusiness. The Top Lawyers list is compiled via a peer review survey, polling nearly 20,000 attorneys in Wayne, Oakland, Macomb, Washtenaw and Livingston counties. Each attorney was asked ...

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November 5, 2021

OSHA Issues COVID-19 Workplace Vaccine-or-Testing Mandate

The Occupational Safety and Health Administration (OSHA) issued its Interim Final Rule regarding vaccination of employees of large employers (100+ employees). The rules apply to employers with a total of, at least, 100 employees within the entire firm or corporation at any time the rule is in effect. The rule does not apply to health ...

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