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...

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...