One of the first firms in the state to develop an Environmental practice, Foster Swift has advised clients and litigated a wide range of federal and state environmental matters. We have advised municipalities on contamination issues and assisted municipal clients in obtaining reimbursement of their environmental response costs.
Serving another need, we have represented clients in matters involving permitting and licensing under the:
- Hazardous Waste Management Act (Part 111);
- Solid Waste Disposal Act (Part 115);
- Michigan Water Resources Act (Part 31);
- Michigan Air Pollution Control Act (Part 55);
- Michigan Inland Lakes and Streams Act (Part 301);
- Michigan Wetlands Act (Part 303);
- Michigan Sand Dune Mining Act (Part 637); and
- Michigan Oil and Gas Act (Part 615).
Foster Swift attorneys have represented a number of clients throughout the state with sites listed under two National Priorities Lists or facilities subject to Part 201, Environmental Remediation, and Part 213, Leaking Underground Storage Tanks of two Natural Resources and Environmental Protection Act, as amended. We have also assisted municipalities in the redevelopment of Brownfield sites, the creation of redevelopment authorities, and the development of strategies to address response costs. On the federal level, we have advised clients about the Resource Conservation & Recovery Act, Right to Know legislation, the Clean Air Act and Toxic Substance Control Act provisions for PCBs.
We regularly consult with municipalities on sewer service, industrial pretreatment, permitting issues, and wet weather strategy. We have worked with townships to address land use issues that may impact a township's natural resources. For example, we have worked with townships on developing and enforcing mineral extraction, on-site sewer systems, open space, wetland and wind energy regulations.
Foster Swift has been named a Tier 1 firm in Natural Resources Law in Lansing by U.S. News – Best Lawyers® "Best Law Firms" in 2014.
Representative Experience
Helped develop Michigan's Beneficial Use Legislation
Assisted Numerous Firms in Acquiring of Property Used for New Manufacturing
Coordinated/Negotiated Material Disposal with MDEQ
Drafted and Formulated Environmental Policy Manuals
Negotiated Air Emission Regulation Package
Negotiations for Amendment of State Regulation to Correspond with Federal Standards
Persuaded Court to Award in Favor of Corporate Client in Environmental Litigation
Revision of Proposed New NESHAP/MACT Standard
Negotiations with MDEQ regarding innovative solutions for wet weather sanitary sewer overflow
Attained Partial Reversal of Injunction Prohibiting Discharge Water in Cleanup
Lawsuit Filed for Recovery of Village Land in Forest Fire
Obtained settlement in excess of $1,000,000 resulting from insurer's denial of coverage for environmental contamination claims
Resolution of Environmental Issues in Numerous Corporate Acquisitions
Settled Property Damage Claims Cannot be Brought Upon Nearby Distribution Business