Articles

US Department of Justice Using Criminal Penalties to Enforce Clean Water Act

An Alaska grand jury indicted five corporate officials from XS Platinum, Inc. for five felony violations, including conspiracy to violate the Clean Water Act and for submitting material false statements.

Attorney Dan Schleck Provides a Summary of Minnesota Grant Programs

Minnesota has a vast number of well funded grant programs at the State and local level that can provide funds for clean-up, redevelopment, demolition, abatement and infrastructure for real estate development projects. These programs are complicated and require experience to be successful.

Texas Court Does Not Believe in Stigma Damages in Appraisals

Stigma damages have no place in an appraisal, at least not in Texas. Recently in an 8-0 decision, the Texas Supreme Court refused to accept testimony of an appraiser regarding stigma damages saying the conjecture, speculation and guessing was not sufficient proof of such damages.

Attorney Dan Schleck comments on MPCA enforcement efforts against St. Paul Park Refining

The Minnesota Pollution Control Agency (MPCA)is stepping up its enforcement efforts for hazardous waste violations and has fined one of the biggest companies in Minnesota. This fine represents the MPCA's renewed efforts at enforcing hazardous waste, stormwater and generally water regulations in Minnesota

New Federal Regulations for Oil Tank Cars are on the Right Track

The U.S. Department of Transportation proposed new safety rules for hauling crude oil by rail after a string of explosive accidents earlier this year that caused enormous impacts to communities that are not even producing crude oil. Among the proposed rules released by the DOT are new speed limits for trains carrying oil, enhanced safety features for new railcars to carry oil and ethanol, and a quick phasing-out of older cars deemed unsafe. Other measures include advanced braking systems for trains, and expanded oil flammability testing before cargoes are shipped.

Vapor Intrusion Is an Increasing Area of Public and Regulatory Concern

Vapor Intrusion occurs when residual contamination in soil vaporizes and travels into homes, buildings and other enclosed areas. Vapor Intrusion is an increasing area of Public and Regulatory Concern as a new risk pathway for exposure to contaminants.

Attorney Dan Schleck Speaks to Lincoln County South Dakota Board on Wind Energy

Attorney Dan Schleck Speaks to Lincoln County South Dakota Board on Wind Energy and Land Use Issues regarding private land rights, property tax values and environmental issues

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.

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.

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.