Emerging Issue: Vapor Intrusion

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 for potential vapor impacts. The regulatory standards that are being applied vary by […]

Minn. Company Settles Stormwater Case With $90,000 Penalty

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 Act and to pay a civil penalty of $90,000. The CAFO alleged that in […]

Minnesota Enforcement Update

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 quality ($106,971), solid waste ($60,259), stormwater ($51,009), […]

Go Green Go Now

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 Hessian & McKasy’s Environmental Law Attorney Practice Group, is quoted in the article.   Add link. […]

Minnesota Lawyer Commentary: Exxon Ruling

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 Hessian & McKasy’s Environmental Law Attorney Practice Group Chair Joseph Maternowski for his thoughts on the impact of the ruling on environmental law.  A link […]

Supreme Court Reduces Punitive Damages in Exxon Valdez Case

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 of seabirds […]

Maternowski Appears on WCCO’s Minnesota Law

June 16, 2008   Joe Maternowski, Chair of Hessian and McKasy’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   The views expressed here are my own […]

Minnesota Environmental Institute April 23, 2008

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.”  The Environmental Law Institute features a Keynote Address from Grant Nakayama, Assistant […]

Preservation of Evidence

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 required to present evidence of […]

Look for us at Air, Water and Waste Conference Feb. 27-28

February 15, 2008 Hessian & McKasy, 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 Waste Conference, one of the largest annual gatherings of environmental professionals in the […]