Articles

Dan Schleck Advises Group on Largest Wind Energy Farm in South Dakota

The Sioux Falls Argus Leader Newspaper interviewed Minneapolis Attorney Dan Schleck about local environmental, land use, private land rights and impacts that may occur as a result of Dakota Power's largest proposed wind energy facility.

Musicland v. Ceridian Most Important Case regarding Minnesota Environmental Liability

Musicland v. Ceridian was the most important case in Minnesota regarding cost recovery. Evidence was sufficient to support the jury's finding that Control Data was negligent, and the damages awarded to Musicland were both reasonable and necessary response costs. The trial court erred by awarding attorney fees for time spent on Musicland's summary judgment motion, but the remaining award was not an abuse of the trial court's discretion.

Burlington Northern & Santa Fe v. United States Changed the CERCLA Apportionment Doctrine

Overall, in Burlington Northern the Supreme Court lowered the evidentiary bar that PRPs must hurdle in order to prove divisibility and apportionment are proper. In addition, the Court indicated that divisibility and apportionment is a viable alternative to joint and several liability, a dangerous proposition for those concerned about the long term viability of CERCLA. Despite these principles set forth by the Court in Burlington Northern, the district courts have thus far distinguished the case in an effort to preserve CERCLA’s joint and several liability scheme and the long-term viability of the law.

CERCLA Liability Changed Forever by BNSF v. US

The U.S. Supreme Court recently decided a case that many scholars posited would greatly upset CERCLA’s joint and several liability scheme by making it easier to divide and apportion liability between parties, which would result in the government picking up the tab for a higher proportion of remediation costs.

Small Business Can Lead to New Banking Business

This is a great article from BCI research and Deloitte that discusses how Small Business Can Lead to New Banking Business with ever increasing benefits for all

New Chapter 13 Trustee

The United States Trustee has appointed Gregory A. Burrell as Standing Chapter 13 Trustee in the District of Minnesota, effective October 1, 2013. Mr. Burrell takes the place of Jasmine Keller, who is retiring.

Dan Schleck Wins Defense for Landowner

Minneapolis Attorney Daniel Schleck successfully defended the former owners of industrial property in a lawsuit brought by the current landowner after degraded petroleum was found on the property during a redevelopment project.

Dan Schleck's Environmental Sessions

MN Construction Stormwater General Permit

First the Industrial Stormwater was the focus of the Minnesota Pollution Control Agency’s enforcement effort, now they are looking at construction sites.

New general stormwater permit for construction projects

First the Industrial Stormwater was the focus of the Minnesota Pollution Control Agency’s enforcement effort, now they are looking at construction sites. This working group from the MPCA will look at developing the new general stormwater permit for construction projects.