Renewed Enforcement Focus On Platers and Metal Finishers

By Joseph G. Maternowski Shareholder, Hessian & McKasy, P.A. Regulators have paid very close attention to the compliance status of Minnesota’s metal finishing and plating companies. Regulators have long focused on compliance with hazardous...

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When Financing, Is a Phase I Always Needed

By Joseph G. Maternowski Shareholder, Hessian & McKasy, P.A. With commercial and industrial properties valued at under $1 million lenders often inquire as to whether a Phase I Environmental Site Assessment (Phase I) is required. In other cases...

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Relying on Contractors for Legal Advice Can Be Costly

By Joseph G. Maternowski Shareholder, Hessian & McKasy, P.A. An administrative case, In the Matter of Service Oil, Inc., Docket No. CWA-08-2005-0010, ...

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SURVIVING AN INSPECTION

By Joseph G. Maternowski Shareholder, Hessian & McKasy, P.A.     Recent regulatory reforms could increase the chance that business may be subject to inspection. Both the U.S. Environmental Protection Agency (EPA) and the Occupational...

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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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