Chair, Environmental Law Practice Group
Joseph Maternowski is a Minnesota environmental attorney in private practice who provides consultations on environmental issues. Attorney Maternowski consults with business owners and attorneys and provides directions as to resolution of issues.
Consent Decrees, which are settlements of environmental violations, contain enforceable terms. A party who fails to comply with those terms, may face penalties, cost recovery and attorneys fees.
State by MPCA v. Anderson, No. A16-0204, 2017 WL 74369 (Minn. App. Jan 9, 2017) (unpublished) illustrates the Minnesota Pollution Control Agency’s (MPCA) strong enforcement authority to implement the terms of consent decrees. The case also affirms the MPCA’s authority to recover its costs for emergency cleanup. In Anderson, the State received civil penalties, cleanup costs and attorneys fees of over $1.5 million against two individuals and a corporate entity.