Old Tank Sites Subject to New DEQ Initiative

bigstock_Brfdiimgp___5283684

The MDEQ is increasing its review of dormant but open leaking underground storage tank ("LUST") sites.  This informal initiative is designed to resolve site status at open LUST locations.  The MDEQ is requesting access to most open LUST sites to perform investigative work.  One risk, though, is that owners of such sites may be required to reimburse the MDEQ for this work. MDEQ requests access regardless of previous environmental reports showing no levels of contamination.  While the prior reports do not constitute a final closure of a LUST site, they may demonstrate that these old sites do not pose a threat.  Presumably, the MDEQ's effort will result in a reduction in the number of listed contaminated sites throughout … [Read more...]

Observations: MDEQ/DNR presentation on Oil and Gas production in Michigan

Natural-Gas-Drilling-Rig-37729588

Last night (April 30th) I attended a public presentation in Troy on oil and gas production in Michigan put on by the DEQ and DNR. The presenters were Tom Hoane from the MDNR's Mineral Management Division and Harold Fitch, DEQ's Supervisor of Wells. Although the agencies tried to make it a general discussion on oil and gas, the presentation and most of the questions from the audience focused on the controversial topic of fracking….and it was clear the local police and the agencies were prepared for potential trouble as there were six conservation officers and three police cruisers in the parking lot.  (A clear difference from other DNR/DEQ presentations I've attended in the past!) Despite the controversial topic, decorum was maintained … [Read more...]

EMERGENCY FINANCIAL MANAGER CAN IMPACT BROWNFIELD PLANS

bigstock-Angry-businessman-tearing-up-a-24814454

In our May 24, 2012 blog entry, we cautioned that Brownfield plans and related agreements may be in jeopardy.  Under the Local Governmental and School District Fiscal Accountability Act, MCL §141.1501, et seq. (the "Act"), an Emergency Financial Manager ("EFM") may be appointed to resolve a government's financial situation.  An EFM may "make, approve, or disapprove" any contract or "reject, modify or terminate" any terms or conditions of existing contracts under the Act.  This means that an EFM could terminate any Brownfield Plan and related agreement. Tax increment financing ("TIF") is used by many owners of property to finance previously incurred eligible environmental costs.  In essence, TIF uses increased tax revenue to … [Read more...]

Recent Supreme Court Cases – Logging Roads and the EPA’s Silvicultural Rule

Logging-Erosion

The U.S Supreme Court recently decided the case of Decker v Northwest Environmental Defense Center, (U.S. Mar 20, 2013). In Decker the Supreme Court reviewed the lower court's Opinion that had held stormwater discharges from logging roads are to be considered point sources, and that they are not exempt from the National Pollution Discharge Elimination System (NPDES) permit requirements under the Clean Water Act. At issue was an ongoing dispute over the discharge of channeled stormwater runoff from logging roads in Oregon's Tillamook State Forest.  This stormwater is generated when rain runs off of logging roads and travels from ditches onto rivers and streams depositing sediments.    The Northwest Environmental Defense Center (NEDC) … [Read more...]

Lake Michigan Ice Boulders

iceboulders

Ice boulders or ice beach balls? What ever you call them they are rolling ashore along the Lake Michigan shoreline and they are getting a lot of press.  Even the British Mail's on-line publication called the Sleeping Bear Dunes area where these boulders are found the "coolest beach in America."( Read story here.) Locals claim they have never seen them before.  Apparently they are generated when an isolated ice crystal forms in the water column and as it's sloshed around it picks up more and more ice.  However they form, it's neat to see that the Mitten State has another unique quality to it. … [Read more...]

GSA SEEKS INPUT ON GREEN BUILDING CERTIFICATIONS FOR FEDERAL BUILDINGS

bigstock-Green-Building--Sustainable-L-2336118

Section 436 of the Energy Independence and Security Act of 2007 requires the GSA to review (every 5 years) green building certification systems to identify a system that will encourage certification of Federal green buildings. In 2006 the General Services Administration (GSA) recommended that the U.S. Green Building Council's LEED rating system be used in the Federal sector for Federal buildings being built with "green standards." More recently the GSA issued a report of its evaluation of three different green building certification programs: LEED, Green Globes and the Living Building Challenge.  The GSA concluded that while each program has certain relevant applications, none meets all of the Federal government's needs. Throughout … [Read more...]

A SUPREME COURT CASE TO KEEP AN EYE ON: TARRANT REGIONAL WATER DISTRICT V HERRMANN

Lake Michigan Beach and Dune Grass

The Supreme Court recently agreed to hear arguments in the matter of Tarrant Regional Water District v. Herrmann, No. 11-889 (S.Ct, filed January 19, 2012; cert. granted January 4, 2013).  The Tarrant case is interesting to those of us in the Great Lakes Basin because it deals with a state compact that regulates a body of water - similar to the compacts the Great Lakes States and Canada have entered into over the years. The Tarrant case is a dispute between Texas (Tarrant, Texas Regional Water District) and Oklahoma over water located in the Red River. The Texas Water District believes it has a right to access water in the Red River in Oklahoma pursuant to an agreement signed by Texas, Oklahoma, Arkansas and Louisiana (the "Red River … [Read more...]

NHTSA: Electric Cars Need To Be Noisier.

car

On Monday, the National Highway Traffic Safety Administration (NHTSA) proposed a rule that would require electric vehicles to be noisier. Apparently what 99% of the populace would probably consider to be one of the primary benefits of electric vehicles is considered a dangerous condition by the Feds. According to NHTSA the reason the rule is necessary is because some studies have shown that during "low-speed maneuvers" an electric vehicle is 1.38 more times likely than a normal combustion engine to be involved in a collision with a pedestrian and 1.33 times more likely to be involved in a collision with a cyclist. Further, if the rule is implemented, NHTSA claims that it will result in 2,800 fewer injuries (not each year mind-you) over … [Read more...]

Is It Clean? – Michigan Certificates of Completion and No Further Action Letters

bigstock-Michigan-Capitol-Building-Dome-7678144

On December 22, 2012 Governor Snyder signed Senate Bill 1328 which became effective on December 27, 2012.  The Bill amended portions of Part 201 of Michigan's Natural Resources and Environmental Protection Act.  Among the interesting amendments to Michigan's Part 201's Clean-Up Program is the inclusion of a new procedural mechanism for obtaining an acknowledgement from the MDEQ that the remediation undertaken was completed and it was done in accordance with Part 201. A party undertaking a remediation can now make a formal request for a "Certificate of Completion" to the MDEQ.  The applicant would complete a form, which is to be prepared by the MDEQ and will be made available on the MDEQ's website.  The MDEQ can either grant the … [Read more...]

Congress Extends Wind Energy Tax Credit

bigstock-Wind-turbines-16465340

     Late Wednesday night, President Obama signed a bill that, among other things, extended wind energy tax credits for one year.  The Wind Energy Production Tax Credit ("PTC") and other related tax credits will continue to apply to current projects and those commenced in 2013.  Wind energy projects comprised approximately 45% of all new electrical generating capacity in 2012.  This compares with about 30% for natural gas.  The threat of the expiration of these credits caused uncertainty in the market place and stymied new projects.  This is good news for the wind industry which has suffered from the political instability in Washington, D.C., as well as unstable market forces. … [Read more...]