Indemnification clauses, a common element in almost every commercial contract, shift potential costs and liabilities from one contracting party to another. For example, assume that John, who is a musician, enters into a contract with 20th Century Fox Studios to write the theme song for a new movie. As part of the contract, John agrees […]
Violations of environmental law, even minor violations, can have devastating impacts on a business. Violations cannot only tarnish the public image of a company, but an enforcement action can also subject the business to significant legal liability. If a company is the subject of an acquisition, the acquiring entity will require disclosure of past environmental […]
EPA is now accepting guidance on vapor intrusion from underground storage tanks.
April 6, 2013 Hessian & McKasy attorney Joseph Maternowski will be speaking at the The 9th Annual Environmental Institute on Thursday, April 17, 2013 in Minneapolis, Minnesota. The Environmental Institute, presented by Minnesota Continuing Legal Education and the Environmental, Natural Resources and Energy Law Section of the Minnesota State Bar Association, is Minnesota’s premiere environmental […]
February 26, 2013 On February 12, 2013 environmental law attorney Joseph Maternowski was one of three leading lawyers practicing in the areas of environmental law, litigation and transactional law from around the country who was invited to participate in a webinar sponsored by Environmental Data Resources (EDR) on the emerging topic of vapor intrusion. […]
February 7, 2013 Data on the rates of environmental compliance can be confusing. State and federal regulators are now using new graphical tools – so-called “Dashboards” – to show compliance rates with environmental laws. So how are Minnesota’s businesses doing? Well, it depends on whom you talk to. The Minnesota Pollution Control […]
Hazardous waste regulation originated in the 1980s. The regulatory scheme is very complicated and compliance can be difficult especially for small businesses who must comply with the hazardous waste rules and regulatory scheme. With the passage of time regulation in Minnesota seems to have lessened. The number of MPCA inspectors covering hazardous waste compliance have been reduced. hazardous waste generators in the metropolitan area may be subject to an increased number of inspections. Despite these trends, companies eta generate hazardous waste should remain vigilant and maintain compliance. Non-compliance can result in inspections, enforcement actions and civil penalties.
November 13, 2012 Several professional colleagues of mine recently noticed that the Minnesota Pollution Control Agency (MPCA) Voluntary Investigation and Cleanup (VIC) Section’s guidance documents had been removed from the MPCA’s website. See http://www.pca.state.mn.us/index.php/waste/waste-and-cleanup/cleanup-programs-and-topics/cleanup-programs/voluntary-investigation-and-cleanup-vic/voluntary-investigation-and-cleanup-vic-program.html There was no explanation for the missing documents, so I inquired of Hans Neve of the MPCA’s VIC Program as to the […]
Current Issues in Storm Water Regulation – MN and ND November 8, 2012 at 8:30 AM – 4:30 PM Best Western, Fargo, ND This event requires registration: http://www.lorman.com/ID389357 North Dakota is experiencing an unprecedented economic boom related to energy. As development occurs and State and local government units expand infrastructure to support this new economic activity, […]
November 5, 2012 On October 22, 2012 the Minnesota Pollution Control Agency (MPCA) reported the results of enforcement cases during the third quarter of 2012, the period from from July 1, 2012 to September 30, 2012. The enforcement results for the third quarter of 2012 are consistent with recent trends in MPCA enforcement. Although 78 […]