What Lenders Need to Know About Soil Vapor Intrusion

Over the past few years standard environmental due diligence practices have changed. A new issue – the potential for vapor intrusion to impact buildings – must now be addressed in evaluating the environmental condition of real...

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Local Hazardous Waste Enforcement Initiatives

A business that generates or manages hazardous wastes may face inspection from federal, state and/or local authorities. The U. S. Environmental Protection Agency (EPA) has delegated its authority to most states, including Minnesota, to run the...

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Steering Clear of Environmental Liability: Contract Drafting is Key

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 a contract with 20th Century Fox...

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Attorney-to-Attorney Environmental Law Consultations

Attorney-to-Attorney Environmental Law Consultations Environmental issues arise for our clients in many ways. Many attorneys, who are in sole practice or who work in law firms without an environmental law practice, may face challenging environmental...

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Environmental Enforcement in Minnesota

The State of Minnesota through the Minnesota Pollution Control Agency (MPCA) has the authority to seek penalties of $10,000 per day of violation of environmental statutes, regulations or permits in a civil action brought in state district court...

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Dumped Products Cause for Concern

Major retail, pharmacy and grocery companies have found out the hard way that disposal of damaged or returned products can be more complicated – and maybe more costly – than one would expect.  Over the past ten years California...

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When it Rains, Think Stormwater Inspections

In Minnesota we have had a dry summer with drought conditions reported across the State.  In the Twin Cities metropolitan area, despite the drought, heavy storms with sudden downpours have caused sudden large stormwater flows. With a rebounding...

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Limiting Environmental Liability Through Audits

Violations of environmental law, even seemingly minor violations, can have major 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...

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Environmental Covenants – They “Run With the Land”

When vapor intrusion has been identified as a concern and mitigation systems are installed in buildings, the Minnesota Pollution Control Agency (MPCA) is now often requiring that the property owner record an environmental covenant. These covenants...

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