Over a year the U.S. Supreme Court issued an important decision, Burlington Northern and Santa Fe Railway Company v. United States, 129 S. Ct. 1870 (2009), in which it addressed liability under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") for persons wh...

August 31, 2010 We received the following question from a Minnesota business owner who had questions about dealing with contamination that was recently discovered on property.  While we cannot provide anyone with legal advice (please see the disclaimer on this website), we can to respond to th...

August 27, 2010 An operator of two Minneapolis cab companies filed a constitutional challenge to City of Minneapolis ordinances requiring the companies to have 5 percent of its fleet be fuel efficient by 2007. The operator testified at a hearing opposing the ordinance.  Other witnesses suppo...

August 26, 2010 If you are in the construction business where dirt is exposed to the elements or if your company stores materials or equipment outdoors, you should be.  Requirements for managing stormwater may affect you and your business.  Public awareness and concern about stormwater ru...

August 24, 2010 One of the harsh realities for business owners and businesses is that they face potential environmental liability on a number of different fronts. When purchasing property, businesses need to be aware of past uses of property that may have resulted in contamination.  When cond...

August 17, 2010 Governor Tim Pawlenty rejected two sets of rules that regulate how property owners may develop lakeshore property. Governor Pawlenty explained his action noting the rules "create a one-size fits-all standards" that apply statewide.  In his letter to Department of Natural Reso...

August 9, 2010 News wires and blogs continue to be filled with stories about petroleum spills.  While the BP spill in the Gulf appears to have been capped, a pipeline spill in Michigan's lower peninsula affecting streams and rivers that flow to Lake Michigan has gathered the public's attention...

July 29, 2010 Beginning October 1, 2010 the Minnesota Pollution Control Agency (MPCA) and local authorities will be looking more closely at the waste handling practices of pharmacies.  Currently, solid waste from most pharmacies is disposed of in dumpsters with other solid waste.  Liquid ...

July 19, 2010 On July 14, 2010, U.S. District Court Judge James Rosenbaum issued a decision denying a defendant summary judgment on a cost recovery claim under the Minnesota Environmental Response and Liability Act (MERLA), Minn. Stat. Ch. 115B.  The case, which raises an issue of first impres...

Environmental issues arise for our clients in many ways.  Many attorneys, who are in sole practice or who work in law firms without an environmental law practice, may face challenging environmental issues that they are unfamiliar with.  Our clients may have a great deal at stake.  A...

At the Moss & Barnett Environmental Law Attorney Practice Group we are available for consultations with clients.  We have found that often clients want to talk through issues and get basic advice.  In many cases, after an initial consultation, the client's questions may be answered.&nb...

July 7, 2010 On July 2, 2010 the Minnesota Supreme Court issued a decision that overturned a long-standing rule in insurance coverage cases.  The decision may have a major impact on mass tort and environmental cases.  The Supreme Court ruled that primary insurers of a business may be equa...

May 11, 2010 Thank you for your interest in the blog and this feature. We have a question from an attorney, Joan P. In Bloomington, Minnesota. Question: My client received an Administrative Penalty Order from the Minnesota Pollution Control Agency (MPCA).  We have the right to seek review be...

April 27, 2010 On April 21, 2010 U. S. Environmental Protection Agency Administrator Lisa P. Jackson announced President Barack Obama's selection of Susan Hedman to be the Agency's Regional Administrator for EPA's Region 5.  Region 5 encompasses Illinois, Indiana, Michigan, Minnesota, Ohio, Wi...

April 22, 2010 The U.S. Environmental Protection Agency (EPA) is proposing a rule to remove saccharin and its salts from the agency’s lists of hazardous wastes because it is no longer considered a potential hazard to human health.  These lists are used to identify hazardous substances at sites...

April 19, 2010 In response to numerous questions we have received, www.Enviroattorney.net is launching a new "Ask An Environmental Attorney" feature. If you have a question involving an issue of concern to you, please submit your question to us and we will try to respond. The first question comes ...

April 9, 2010 Economic pressures are forcing many businesses to put their real estate on the market, in order to free up cash and streamline operations.  But especially where industrial operations or manufacturing have occurred, real estate may be affected by contamination.  Buyers, selle...

April 8, 2010 Nationwide bankruptcy filings have skyrocketed.  According to Automated Access to Court Electronic Records (AACER), a database used by attorneys and lenders to track bankruptcy filings, 345 businesses filed for bankruptcy each day in the first quarter of 2010.  That number i...

April 7, 2010 In late March, 2010, the Minnesota Pollution Control Agency (MPCA) Citizens' Board adopted a new general permit regulating stormwater discharges from industrial sites across the State of Minnesota.  On April 7, 2010 the MPCA issued a press release acknowledging that thousands&nbs...

March 24, 2010 The Minnesota Pollution Control Agency (MPCA) concluded 56 enforcement cases totaling $2,010,744 in penalties in 56 enforcement cases during the fourth quarter of 2009.  The cases occurred at facilities in 36 counties throughout Minnesota.  For all of calendar year 2009, 22...

March 25, 2010 The U.S. Environmental Protection Agency is moving forward with the cleanup of arsenic-contaminated soil at 500 south Minneapolis residences in the vicinity of 28th Street and Hiawatha where rail loading and  pesticide mixing operations resulted in airborne releases of arsenic. ...

March 9, 2010 From time to time staff at the Minnesota Pollution Control Agency (MPCA) make a move to a new assignment at the Agency.  Within the past few weeks there were major staff changes in the MPCA's Remediation Division.  Because of the number of changes in critical positions, part...

March 3, 2010 Anyone involved with the redevelopment of a Brownfield site has likely come across "fill" as an environmental issue.  "Fill" is a term that describes non-native soils that may be encountered at the ground surface or at depth at sites.  Historically, low spots, wet spots and ...

March 2, 2010 A March 1, 2010 New York Times front page story entitled: "Rulings Restrict Clean Water Act, Foiling EPA" highlights the impact of two recent U. S. Supreme Court decisions, Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers and Rapanos v. United States...

February 22, 2010   On Thursday, April 22, 2010 Minnesota CLE and the Minnesota State Bar Association's (MSBA's) Environmental, Natural Resources and Energy Law Section will sponsor the 6th Annual Minnesota Environmental Institute in Minneapolis, Minnesota.  The all day CLE features a k...

February 19, 2010 It would be a nightmare for any commercial or industrial landlord to find out that a tenant has vacated the premises and left behind drums, containers or tanks containing materials that are characterized as hazardous waste.  Proper management of hazardous wastes can be an exp...

February 18, 2010 On January 25, 2010 the Minnesota Pollution Control Agency (MPCA) issued a notice in the State Register announcing that it proposes to add six sites to the Superfund Priority List which is also known as the Permanent List of Priorities (PLP).  The MPCA also proposes to delist...

February 1, 2010 The Obama Administration today proposed a budget of $10 billion for Fiscal Year 2011 for the U.S. Environmental Protection Agency (EPA).  According to an EPA press release, this budget heeds President Obama’s call to streamline and find efficiencies in the agency’s operations ...

January 25, 2010 Check out what the Twins are doing to go green at their new Target Field Stadium. Rainwater to be collected in cisterns and reused instead of running off surfaces and adding to storm water flows.  For more information see: http://www.treehugger.com/files/2010/01/twins-new-stad...

January 15, 2010 Employers can expect a new emphasis on enforcement from Occupational Safety and Health Administration (OSHA) under the Obama Administration.  Here's why: ·        OSHA's acting chief, Jordan Barab has a background in enforcement.  Mr. B...

January 11, 2009 Minnesota businesses, units of local governments and individuals who fail to comply with environmental statutes, rules, regulations and permit terms may face an enforcement action brought by federal, state or local authorities.  Violations of state law and regulations are typi...

December 15, 2009 The Minnesota Pollution Control Agency (MPCA) has issued a "2010 Compliance Calendar for Industrial Stormwater" as a guide for companies and sites that are subject to industrial stormwater permitting requirements.  The calendar can be found at: http://www.pca.state.mn.us/publ...

November 27, 2009 With all the attention on the national and state level about the need for new energy sources, nuclear power is more often than not mentioned as one of the viable alternatives.  In Minnesota, the Legislature passed a moratorium on nuclear power plants.  A question being c...

November 12, 2009 On November 5, 2009 Minnesota Brownfields, a 501(c)(3) dedicated to promoting efforts that support and enhance the reuse and redevelopment of Brownfields throughout the State of Minnesota, held a well attended conference in St. Paul, Minnesota.  Speakers from the U.S. Environ...

October 15, 2009 In Minnesota we have had a fairly dry summer.  Due to a sluggish economy, construction projects slowed.  With a rebounding economy and thanks to federal stimulus dollars, some areas are starting to see a resurgence in construction projects.  This fall, rainy conditio...

October 3, 2009 Over the past few months there have been a number of reports criticizing the enforcement efforts to protect the nation's waters - lakes, rivers, streams and groundwater.  News reports from a variety of sources and Congressional Committees have voiced concerns about what has bee...

September 20, 2009 National news reports suggest a return to growth is around the corner. According to a survey from GreenBiz.com, the prospects may be even brighter for corporate environmental staff.  A recent survey of more than 600 companies conducted by GreenBiz.com found increasing hires ...

September 12, 2009 The deadline for Minnesota businesses, nonprofits, governmental units to apply for the Minnesota Pollution Control Agency's (MPCA's) application process for its annual Governor's Awards for Pollution Prevention is September 15, 2009.  Pollution prevention reduces or eliminat...

September 10, 2009 Minnesota Pollution Control Agency (MPCA) regulations require feedlot owners to register their operations with the State.  Registration requirements started with the feedlot rule revision enacted in Minnesota in 2000.  Registration replaced the need for operating perm...

August 15, 2009 On February 17, 2009, President Barack Obama signed the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-05) (ARRA or Recovery Act) into law.  The Recovery Act provides funding for government programs that are intended to improve the environment while providing t...

August 7, 2009   With the new push for car owners to trade in their old cars under the "Cars for Clunkers" program, special care needs to be taken with the scrap vehicles and their components that may be subject to regulation under certain environmental laws.   The U.S. Environmental ...

August 10, 2009 Moss & Barnett, P.A., a 70 attorney firm based in Minneapolis, has a number of lawyers who have been named as "Best Lawyers in America."  For a link to a website detailing information about Best Lawyers in America, please visit http://www.bestlawyers.com/search/firmProfile....

August 3, 2009   On July 30, 2009 the MPCA issued its second quarter 2009 enforcement summary that lists final actions the Agency took to address compliance issues.  From April 1, 2009 through June 30, 2009 the MPCA took final enforcement action in 93 separate cases and collected over $5...

July 21, 2009   The U.S. Environmental Protection Agency (EPA) Region 5 ordered a White Bear Lake, Minnesota dry cleaner to halt the use of dry cleaning machinery that contributes to air pollution.  The EPA alleged that the emissions constitute a violation of air quality standards that...

July 12, 2009 In a July 9, 2009 opinion the U.S. Court of Appeals for the Eighth Circuit upheld a U.S. District Court judge's opinion concluding the U.S. Army Corps of Engineers (Corps) had jurisdiction over private property in Lake of the Woods County in northern Minnesota. According to the opinio...

July 7, 2009 On July 6, 2009 the Minnesota Pollution Control Agency (MPCA) reissued the State's industrial stormwater general permit.  The draft permit, which is subject to a 30 day public comment period, is a substantial revision to the existing general permit which was issued in 1997, expire...

June 26, 2009 The U.S. Environmental Protection Agency's (EPA's) Region 5 Weekly Activity report for the week of June 22, 2009 reported a settlement between the EPA and private parties for alleged filling of certain wetland area in northern Minnesota.  The settlement provides that the offendin...

June 23, 2009   Attorney Joseph Maternowski, Chair of Moss & Barnett's Environmental Law Attorney Practice Group, appeared on WCCO's "Minnesota Law" on June 20, 2009 and discussed the Minnesota Equal Access to Justice Act, a law which protects small businesses when the State takes a ...

June 15, 2009  Minneapolis, Minnesota based Target Corporation found out the hard way that disposal of damaged or returned products can be more complicated - and maybe more costly - than one would expect. California authorities, including the Attorney General and district attorneys from arou...

June 10, 2009 Joseph Maternowski was elected Chair of the Board of Directors of Eco Education.  Eco Education is a 501(c)(3) organization that pomotes environmental education and experiential learning in Minneapolis and St. Paul schools.  Maternowski has served on Eco Education's Board ...

June 10, 2009   WCCO 830 AM's "Minnesota Law" radio show on Saturday, June 20, 2009 at Noon will focus on the Minnesota Equal Access to Justice Act (MEAJA).  Host Tom Shroyer will discuss MEAJA with Environmental Law Attorney Practice Group Chair Joseph Maternowski and special guest Mike...

April 30, 2009 The Minnesota Pollution Control Agency (MPCA) collected over $1 million in civil penalties in various environmental enforcement actions in the first quarter of 2009. The MPCA is charged with issuing environmental permits, conducting inspections of regulated parties and, where alleged...

May 20, 2009 For the past few years the Minnesota Pollution Control Agency (MPCA) has emphasized compliance with stormwater controls required at construction sites. The MPCA has issued a general permit that applies to construction sites statewide. Owners and contractors are required to undertake va...

May 15, 2009 On May 14, 2009 Joseph Maternowski was elected by his peers to Chair the Minnesota State Bar Association's (MSBA's) Environmental, Natural Resource and Energy Law Section for the upcoming 2009 to 2010 year.  Joseph Maternowski, who chairs Moss & Barnett's Environme...

May 16, 2009 On Thursday, May 14, 2009 the Minnesota Legislature enacted an amendment to the Minnesota Equal Access to Justice Act (MEAJA) that benefits small businesses and their owners. The newly enacted law, lifting or eliminating the $125 per hour fee cap, may appear on the surface to be not be...

May 5, 2009   On May 4, 2009, the U.S. Supreme Court issued its decision in Burlington Northern and Santa Fe Railway Co. v. United States, No. 07-1601 (U.S. May 4, 2009). This ruling, which involves the liability of private parties under the federal Comprehensive Environmental Response, Compe...

May 1, 2009 On Thursday, April 30th Joe Maternowski spoke at the Fifth Annual Environmental Institute, a CLE sponsored by Minnesota CLE and the Minnesota State Bar Association's Environmental, Natural Resources and Energy Law Section.  Mr. Maternowski's session entitled: "The 2009 CERCLA/RCRA ...

March 13, 2009 In an unusual development on March 12, 2009, the Minnesota Supreme Court reversed itself determining that an appeal that it had previously allowed was "improvidently granted."  See State v. Evanston Ins. Co., Case No. A08-1132 (Minn. 2009).  The Supreme Court had ...

February 26, 2009 On Wednesday, March 11, 2009, at 9:00 AM, Courtroom 300 - Minnesota Judicial Center  in St. Paul the Minnesota Supreme Court will hear arguments in a case involving the statute of limitations that applies to the Minnesota Environmental Response and Liability Ac...

April 10, 2009   President Obama's budget calls for a budget of $10.5 billion for the U.S. Environmental Protection Agency. The proposed budget is a 34.6% increase over the 2009 budget estimate. The raw budget numbers indicate that the environment is a priority for the new Obama administratio...

February 24, 2009 On Tuesday, February 17, 2009 President Barack Obama signed the $787 billion economic stimulus package which provides approximately $500 billion in spending and $287 billion in tax breaks.  Substantial sums of money are dedicated to address environmental concerns. The bi...

March 20, 2009 A business that generates or manages hazardous wastes may face inspection from federal, state and/or local authorities. The U. S. Environmental Protection Agency (EPA) has delegated its authority to most states to run the hazardous waste regulatory program in lieu of the federal gove...

March 15, 2009   Minnesota CLE's 2009 "Environmental Institute" CLE is scheduled for Thursday, April 23, 2009 at the Minnesota CLE Conference Center. The Minnesota CLE's 5th Annual "Environmental Institute" is the premier environmental CLE offered to environmental attorneys in the state ...

February 5, 2009 For the past three years Joseph Maternowski has served on the Board of Directors of Eco Education, a nonprofit organization that seeks to expand educational opportunities for students in Minneapolis and St. Paul schools. Eco Education staff assist teachers and students in element...

September 30, 2009   On September 23, 2008, Joseph Maternowski spoke at a conference sponsored by Minnesota Brownfields, an organization that promotes the development of polluted land. Joe spoke on the topic of "Impacts of Vapor Intrusion on Redevelopment and Real Estate Transactions."  ...

  March 1, 2009 Within the past few years the U. S. Environmental Protection Agency (EPA), state and local regulators in certain parts of the county, including Minnesota, have been increased the frequency of checking the condition of plating room floors. Regulators are concerned tha...

February 2, 2009 The Minnesota Environmental Quality Board (EQB) has proposed material revisions to Minnesota Rules Chapter 4410, the body of rules that govern environmental review of project developments and expansions in the State of Minnesota. The EQB's proposed rule revisions include: New e...

January 12, 2009 On January 5, 2009 the Minnesota Pollution Control Agency (MPCA) issued a press release announcing that it had entered into a Stipulation Agreement (an out of court settlement) with a developer, a construction firm and an excavator requiring the payment of a total of $52,500 in civ...

January 12, 2009   The Court of Appeal of California affirmed a lower court decision in a case involving John and Ned Roscoe, two California businessmen, and applied the "responsible corporate officer" doctrine in a case involving a 3,000 gallon gasoline tank spill.  According to the Cal...

January 9, 2009   The Minnesota Court of Appeals found that the Saint Paul Port Authority lacked authority to enter private property to conduct environmental testing without a specific finding that the Port Authority may be required to acquire the site located in St. Paul's Arlington Jackson ...

December 26, 2008 On December 23, 2008, the U.S. Environmental Protection Agency (EPA) announced that it is proposing a final rule permitting use of an alternative standard to the All Appropriate Inquiries Rule for forestland or rural property. Under the final rule parties purchasing large tracts (...

December 13, 2008   The Minnesota Court of Appeals ruled that a lawsuit seeking $5 million in damages stemming from electrical transmission lines affects on cattle may proceed in Minnesota State District Court.  The utilities involved in the lawsuit argued that the case should be heard b...

December 11, 2008 President-elect Barack Obama named Lisa P. Jackson as the Administrator of the U. S. Environmental Protection Agency (EPA).  The Administrator heads up the federal agency that is charged with enforcing the nation's environmental laws.  Ms. Jackson has serv...

October 17, 2008 Anyone concerned about the environmental condition of property now needs to consider the potential impacts and costs associated with vapor intrusion. Federal and state agencies are asking parties involved with investigation of contamination to begin screening soils and buildings fo...

October 3, 2008 On September 26, 2008, U.S. Environmental Protection Agency (EPA) announced that EPA's Region 5 and Duininck Brothers, Inc. (Duininck Brothers), entered into a Consent Agreement and Final Order (CAFO) requiring Duininck Brothers to comply with the federal Clean Water ...

July 24, 2008 On July 22, 2008, the Minnesota Pollution Control Agency (MPCA) announced its enforcement actions taken in the second quarter of 2008. The MPCA collected a total of nearly $325,000 in civil penalties in the three month period.  Penalties were collected in multiple cases for air q...

June 30, 2008 On June 12, 2008 Minnesota Lawyer published a feature story "Go Green Go Now" in a special section on issues of interest to in house or corporate counsel. Joseph Maternowski, who serves as chair of Moss and Barnett's Environmental Law Attorney Practice Group, is quoted in the article....

June 28, 2008 The Minnesota Lawyer newspaper published the following story on the recent U.S. Supreme Court ruling in the Exxon Valdez matter.  In the article, Minnesota Lawyer's reporter asked Moss & Barnett Environmental Law Attorney Practice Group Chair Joseph Maternowski for his though...

June 26, 2008 On June 25, 2008, the U. S. Supreme Court issued its long awaited decision in the Exxon Valdez matter.  The case arises out of 1989 Exxon Valdez spill where 11 million gallons of oil spilled into the Prince William Sound.  The spill led to the deaths of hundreds of thousands...

June 16, 2008   Joe Maternowski, Chair of Moss and Barnett's Environmental Law Attorney Practice Group, was the guest on the June 14th "Minnesota Law" show on WCCO's 830 AM.  The show, which covered topics ranging from compliance to cleanups to criminal sanctions, can be found at  h...

April 7, 2008 Joseph Maternowski will be a presenter at The Fourth Annual Environmental Law Institute held at the Minnesota CLE Conference Center on Wednesday, April 23rd. Mr. Maternowski will present at an afternoon session entitled "Resource Conservation and Recovery Act (RCRA) Basics."  T...

March 3, 2008 To prevail on a legal claim a party must persuade the judge or jury of its merits by presenting evidence in support of the claim.  The preservation of evidence is critical to obtaining a successful outcome.  In the context of certain environmental matters, a litigant may be ...

February 15, 2008 Moss and Barnett, P.A. will participate  as an Exhibitor at the Minnesota Pollution Control Agency's (MPCA's) Annual Air, Water and Waste Environmental Conference on Wednesday, February 27th and Thursday, February 28th in Bloomington, Minnesota. The MPCA's Air, Water and Wa...

February 7, 2008 The Minnesota Pollution Control Agency (MPCA) is in the process of adopting new regulations that govern wastewater discharges that industrial sources discharge to publicly owned treatment works (POTWs).    The MPCA issues permits to municipalities who operate POT...

January 30, 2008 On January 22, 2008, the Minnesota Pollution Control Agency (MPCA) announced that it had resolved 67 enforcement cases during the fourth quarter of 2007 collecting nearly $650,000 in civil penalties.  The MPCA collected penalties from businesses, individuals and local units ...

January 28, 2008 In the January 28, 2008, State Register, the Minnesota Pollution Control Agency (MPCA) has adopted permanent rules relating to: individual subsurface sewage treatment systems (ISTS), Minnesota Rules Chapter 7080; midsized subsurface sewage treatment systems, Minnesota Rules Chapter...

January 22, 2008 On December 19, 2007 U. S. Environmental Protection Agency (EPA) Administrative Law Judge William Moran dismissed an administrative enforcement case where the U. S. EPA Region 5 sought to collect a civil penalty of $120,000 for violations of the Clean Water Act.  See In the ...

January 14, 2008 The Minnesota Department of Natural Resources (DNR) has requested comments on possible amendments to the rules governing the management of Minnesota’s shoreland areas. Minnesota Rules, parts 6120.2500 to 6120.3900. See 32 SR 1319.  http://www.comm.media.state.mn.us/bookstore/s...

January 5, 2008   The Department of Homeland Security (DHS) published the “final” Chemical Facility Anti-Terrorism Standards (CFATS) on November 20, 2007.  The regulations, which apply to medium and larger metal finishing facilities and also to some smaller shops, require registration an...

January 10, 2008 The U.S. Environmental Protection Agency (EPA) and state environmental agencies, including the Minnesota Pollution Control Agency (MPCA), have prioritized the inspection of stormwater controls and permitting compliance at construction sites.  Federal and state regulations requ...

December 28, 2007 Moss and Barnett, P.A., a 70 lawyer firm based in Minneapolis, Minnesota, named attorney Tony Dorland as a shareholder. Dorland, a 2000 graduate of William Mitchell School of Law, practices in the areas of environmental, administrative and real estate law.   Joseph M...

December 3, 2007 On November 29, 2007, the Minnesota Pollution Control Agency (MPCA) announced that Granite Falls Energy, an ethanol producer in western Minnesota, had agreed to pay a civil penalty of $300,000 to resolve alleged violations at the Granite Falls Energy facility in Granite Falls, Mi...

November 15, 2007 On Saturday, December 1, 2007, Joseph Maternowski will speak with students at the William Mitchell College of Law in St. Paul, Minnesota about careers in environmental law.  The William Mitchell Environmental Law Society is hosting the session entitled “Environmental Lawyers:...

November 13, 2007   According to a November 2, 2007 story in the Rochester Post Bulletin, MPCA staff in the Superfund and Emergency Response Section working on the cleanup of groundwater at a former dry cleaning operation in Winona violated water quality standards during the cleanup.  Th...

October 20, 2007   Regulators are continuing to pay very close attention to the compliance status of Minnesota's metal finishing and plating companies.  Regulators are focusing on compliance with hazardous waste and wastewater pretreatment regulations.  Because of the relative small...

November 15, 2007   In Carda v. Kanabec County, Minnesota Court of Appeals, (A06-2300, November 13, 2007) http://www.mncourts.gov/opinions/coa/current/opa062300-1113.htm ,  Kanabec County’s denial of the applicant’s wetland replacement plan application under the Wetland Conservation Act ...

October 6, 2007   As reported in the October 6, 2007, Minneapolis StarTribune, the Minnesota Department of Natural Resources (DNR) is expanding efforts to identify landowners who are illegally altering or filling wetlands. This fall the DNR is targeting 25 counties in west and central Minneso...

November 14, 2007 On November 13, 2007 Joseph Maternowski, chair of Moss & Barnett’s Environmental Law Attorney Practice Group, provided legal analysis of issues related to a Fox 9 news story related to an open dump in Columbia Heights, Minnesota.  The segment discussed the laws that apply...

November 3, 2007 Minnesota Pollution Control Agency (MPCA) Takes Enforcement Action Against Businesses, Business Owners and Local Units of Government  On October 26, 2007, the Minnesota Pollution Control Agency (MPCA) announced that it had resolved 65 enforcement cases during the third quart...

June 6, 2007 A recent administrative case, In the Matter of Service Oil, Inc., Docket No. CWA-08-2005-0010, http://www.epa.gov/aljhomep/orders/service-oil-id-080307.pdf brought by the U. S. Environmental Protection Agency (EPA) illustrates the business risks on relying on non-legal professionals to...

Over a year the U.S. Supreme Court issued an important decision, Burlington Northern and Santa Fe Railway Company v. United States, 129 S. Ct. 1870 (2009), in which it addressed liability under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") for persons wh...

August 31, 2010 We received the following question from a Minnesota business owner who had questions about dealing with contamination that was recently discovered on property.  While we cannot provide anyone with legal advice (please see the disclaimer on this website), we can to respond to th...

August 27, 2010 An operator of two Minneapolis cab companies filed a constitutional challenge to City of Minneapolis ordinances requiring the companies to have 5 percent of its fleet be fuel efficient by 2007. The operator testified at a hearing opposing the ordinance.  Other witnesses suppo...