Publications for Environmental Law

A recent federal case may have a big impact on wind projects in Michigan. Very recently, a large wind turbine company (Duke Energy Renewables Inc.) pleaded guilty in federal court in Wyoming to violating a federal law that protects migratory birds (the Migratory Bird Treaty Act [Bird Act]) in connection with the deaths of over 160 protected birds, including golden eagles, at the company’s wind projects in Wyoming. It is believed that this case represents the first ever criminal enforcement of the Bird Act for unpermitted bird killings at a wind farm.

Michigan's highly successful Clean Corporate Citizen program has received new and added emphasis. The Michigan Legislature passed legislation to organize and enlarge benefits provided to Michigan businesses that exercise environmental stewardship.

The Michigan Court of Appeals upholds Administrative Rule 2196 issued by Department of Environmental Quality.

The MDEQ lacks the power to require a township to install a sanitary sewer system where there is widespread failure of private septic systems resulting in contamination of lake waters.

Companies should exercise considerable care before transferring potentially hazardous materials, such as paints, solvents, chemical agents and empty storage drums, to third parties.

In October, 2008, the United States Environmental Protection Agency adopted new regulations that may increase recycling opportunities for firms that would otherwise dispose of certain materials as hazardous waste.

To avoid this unexpected expense and exposure in any construction project, it is important for clients to evaluate a construction site for regulated wetlands before commencing work and obtain the necessary permits from the MDEQ before commencing activities in or around wetlands.