Is Legislative Support For Sustainability Initiatives On The Decline?

May 18, 2012
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For the past 10 years Michigan has created a number of laws that were "sustainability oriented" - intended to promote the development of renewable energy and energy efficiency.  Recently, however, there has been a reduction in the number of such bills being proposed. Is this due to economic factors, budgetary constraints, a lack of interest on the part of our legislators,  the public's mood in general, or a combination of all the above?  History • The push to promote renewable energy in Michigan began in earnest in 2002 when Michigan created a tax exemption for businesses with alternative energy property (generally defined as: alternative energy system, alternative energy vehicles and the personal property of an alternative energy … [Read more...]

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Interview: Regulatory Change for Michigan’s GSI Criteria

April 23, 2012
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I had the opportunity to interview Gary Klepper, who has a long, prestigious career in all issues associated with environmental contamination and site remediation.  Gary had a 27-year career with the Michigan Department of Environmental Quality (MDEQ) and the U.S. Geological Survey..  During the last 12 years that Gary was with the MDEQ, he held the position of District Supervisor for the Remedial Action Program.  Gary left the MDEQ in 2001, but continued his career dealing with environmental issues.  For the last 11 years, he has been a Senior Environmental Scientist, Project Manager, and Office Manager  with Conestoga-Rovers & Associates (CRA).   The following is a transcript of my interview with Gary on … [Read more...]

Filed Under: Regulatory and Compliance Tagged With: , , , , , , , , ,
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Greening the Army

April 13, 2012
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The Defense Department is no stranger to being on the forefront of advanced technology and its expertise was once again showcased with the recent opening of the Army's GSPEL (Ground Systems Power and Energy Laboratory) at the Tank Automotive Research, Development and Engineer Center (TARDEC) in Warren this week. According to Army officials, GSPEL is an 8-in-1 lab designed to investigate and develop the next generation of power and energy systems for the Army, with a focus on what civilians would call "green energy" - technologies such as fuel cells, hybrid vehicles and energy storage. Why the focus on green energy?  According to information on the TARDEC website, 80% of the conveys in Afghanistan are ferrying fuel.  By converting to … [Read more...]

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Lead Based Paint Enforcement Alert

April 10, 2012
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EPA steps up enforcement against contractors disturbing lead paint. Given a recent EPA press release, it appears that the EPA is increasing its enforcement attention on violations of the EPA’s Lead Paint Renovation, Repair and Painting (RRP) Rules set forth in 40 CFR Part 745.  The EPA recently fined two companies and an individual for failing to adhere to the RRP Rules during building renovation activities.  The fines ranged from $1,500 to $10,000. Companies that are engaged in renovation activities that have the potential to disturb painted surfaces in pre-1978 structures should evaluate their activities in light of the RRP Rules, a copy of which can be reviewed by clicking here. Renovation is broadly defined as any activity that … [Read more...]

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Tax Credits for Renewable Energy

March 19, 2012
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A Mixed Bag So Far By Jeffrey D. Moss, Guest Blogger CBO's March 2012 Report  The Congressional Budget Office ("CBO") has recently issued a report entitled "Federal Financial Support for the Development and Production of Fuels and Energy Technologies" which analyzes the impact of the Federal programs implemented to support the development and production of fuels and energy technology.  The CBO report, issued March 6, 2012 concludes that the recent emphasis upon tax preferences and incentive programs for renewable fuels, and alternative energy sources such as solar and wind technologies have had mixed results.  Although the most prominent story in the media relating to renewable energy is the failure and subsequent bankruptcy of … [Read more...]

Filed Under: Economic and Tax Incentives Tagged With: , , , , , , , , , ,
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Reinventing Michigan’s Cleanup and Redevelopment Programs – Update

March 13, 2012
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The Collaborative Stakeholder Initiative will be presenting its Final Report and Recommendations on Reinventing the State's Cleanup and Redevelopment Program at the Kellogg Center in East Lansing on March 15, 2012.   CSI participants and the MDEQ will be presenting the recommendations. If you are interested in the presentation, you can do the following: • ATTEND IN PERSON. To attend the event at the Kellogg Center in East Lansing, Michigan, you must fill out the online registration form here. • LISTEN REMOTELY VIA THE LIVE WEBINAR. You must register for the GotoMeeting webinar by completing the registration here.   Upon registration, you will be provided a confirmation email and the link to join the webinar. • LISTEN TO A … [Read more...]

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Can governments really be held liable under CERCLA for mine waste contamination?

March 8, 2012
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Federal and State governments are frequently targets of CERCLA contribution actions (or cost recovery actions) where they have allowed third parties to engage in hazardous waste generating activities on property owned or leased by the government.  Two cases, Nu-West Mining Inc. v United States and Pakootas v Teck Cominco Metals, Ltd.  (both in the Ninth Circuit) recently addressed this issue. Although the cases resulted in two seemingly different outcomes, they can be reconciled on their facts. Their possible negative impact on waste management policy, though, is another issue. I.  Nu-West Mining Inc. v United States (U.S.D.C., Idaho, 4:CV 09-431-BLW) This case involved mining leases that the governor awarded in the late 1940s.  … [Read more...]

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Reinventing Michigan’s Cleanup and Redevelopment Programs

February 27, 2012
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 Governor Snyder has publicly stated his administrative goals are to:  reinvent government  create more and better jobs  restore our cities  enhance our national and international image  protect our environment  solve problems through relentless, positive action In support of the Governor’s goals, the MDEQ has partnered with stakeholders to formulate a plan for improvements in Michigan’s environmental programs.  This effort is referred to as the Collaborative Stakeholders Initiative (“CSI”).  CSI grows out of a series of recommendations prepared by the Office of Regulatory Reinvention and that was submitted to the Governor’s office.     Participants in CSI are taking a closer look at seven key … [Read more...]

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Incentives – Still Picking “Winners and Losers”? (Updated 2/10/12)

February 2, 2012
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Governor Rick Snyder was adamant during the 2010 election campaign that Michigan would have to stop picking 'winners and losers' when it came to doling out governmental incentives for private businesses. Once in office, he eliminated many programs, including tax credits for historic and Brownfield developments and substantially reduced the film industry tax breaks. The idea behind this policy was that it was unfair to favor a certain industries or developments.  Also, it was felt that tax credits were not the best way to entice employers to invest and create jobs and, instead, front loading developments with grants or loans was preferred.  Already, the MSF has provided cash grants to facilitate developments.   As an example, … [Read more...]

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Legislative Update – Leaking Underground Storage Tank Act

January 27, 2012
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As we reported last summer, a package of bills are being reviewed by the State Legislature that will impact all parties addressing Leaking Underground Storage Tanks (“LUST”). On January 24, 2012, the Michigan Senate passed a bill to amend Michigan’s Part 213 by revising procedures for the cleanup and management of environmental contamination at LUST sites. Significant points of the bills: (1)     A requirement that LUST be remediated pursuant to Standard Guide for Risk Based Corrective Action Applied at the Petroleum Release Sites (“RBCA”) which were developed by ASTM.  The MDEQ would not develop its own classification system. The MDEQ is prohibited from implementing additional rules for Part 213 of the … [Read more...]

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