MPCA Enforcement Civil Penalties

State Enforcement of Environmental Laws, Regulations and Permits in Minnesota Minnesota businesses, units of local governments and individuals who fail to comply with environmental statutes, rules, regulations or permit terms may face an enforcement...

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Lender Liability: When Financing

Lender Liability: When Financing, A Phase I Environmental Site Assessment Should Be Considered Lenders involved with financing or refinancing commercial or industrial property should be concerned about the environmental condition of the property....

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Consultations With In-House Counsel

In-house counsel often face unique and unusual situations where specialized environmental expertise is needed.  Environmental attorney Joseph Maternowski regularly provides service and assistance to corporate or in-house counsel in situations...

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Soil Vapor Poses New Challenges

Soil vapor has changed environmental and real estate due diligence practice. Minnesota has followed the national trend in focusing on addressing public health concerns about potential vapor intrusion. Releases of hazardous substances, such as...

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"TAKE HOME LEAD" IS A PUBLIC NUISANCE IN MINNESOTA

A new ruling from the Minnesota Court of Appeals provides insight into the scope of the state's ability to regulate "public health nuisances" under Minnesota Statutes § 145.075. The case is Leppink v. Water Gremlin Co., __ N.W.2d...

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ENVIRONMENTAL ENFORCEMENT IN MINNESOTA: MINNESOTA POLLUTION CONTROL AGENCY ENFORCEMENT AUTHORITIES

Any person or company that manages waste may be subject to regulation under Minnesota law. Violations of regulations or emissions in excess of permitted levels may subject a violator to an enforcement action. The Minnesota Pollution Control Agency...

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PROPOSITION 65 COMPLIANCE DEADLINE APPROACHING

We are quickly approaching the August 30, 2018 effective date for the new regulations under California's Proposition 65. These new regulations include specific warnings for certain types of products and industries as well as new warning...

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ENVIRONMENTAL LAW PRACTICE CLES NOW AVAILABLE ON DEMAND

Special thanks to Minnesota CLE for the invitation to create a web-based CLE content series related to environmental issues for business and real estate lawyers. The goal of the webcast series is to provide a range of informative programming starting...

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OSHA GUIDANCE REGARDING THE USE OF N95 FACEMASKS

  The COVID-19 pandemic has created an increased worldwide demand for N95 filtering facepiece respirators, limiting their availability for use by healthcare workers and emergency responders. Despite this shortage, employers are still obligated...

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