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Exceptions to Michigan’s Environmental Liability Protection Program and Michigan’s Due Care Obligations

It is well known to the purchasers/lessors of real estate within Michigan that there is a protocol that was established in 1995 by the former Michigan Department of Environmental Quality (MDEQ), known as the Baseline Environmental Assessment (BEA) that provides environmental liability protection to new owners/occupants of contaminated land.  However, within the regulations of the … more »

Vapor Intrusion: How to Negotiate Off-Site Access

Vapor Intrusion (“VI”), or the migration of contaminant vapors from soil and groundwater into overlying structures, has been a significant topic in the environmental world for over 20 years.  Common contaminants associated with VI are volatile organic compounds (VOCs), which include gasoline constituents, such as benzene, and industrial degreasing and cleaning chemicals like tetrachloroethene and … more »

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