Newsletter Updates
Bills Introduced to Extend Statute of Limitations for PFAS Contamination
Friday, September 18, 2020 12:00 AM

On Wednesday, September 16th, State Senator Winnie Brinks (D-Grand Rapids) introduced a two-bill package that would extend the statute of limitations for claims made regarding contamination from PFAS and other emerging contaminants.

EGLE Finalizes Vapor Intrusion Screening Levels
Friday, September 18, 2020 12:00 AM

Last Friday, September 11th, EGLE’s Remediation and Redevelopment Division (RRD) issued a bulletin regarding volatilization to indoor air pathway (VIAP) screening levels. In June, RRD had announced new guidance and voluntary screening levels for evaluation of VIAP under the Part 201 program. RRD staff stated that this new guidance is merely an attempt to streamline the current process, but many in the regulated community expressed concerns that the screening levels utilize extremely conservative assumptions and still require significant investment to satisfy the Department.

Enbridge Fully Reopens Line 5 After Authorization from PHMSA and Michigan Judge
Friday, September 11, 2020 12:00 AM

On Wednesday, Ingham County Circuit Court Judge James Jamo signed off on an order allowing Enbridge to reopen the east segment of Line 5 in the Straits of Mackinac. That segment was revealed in June to have suffered damage to an anchor support on the lake bottomland, and Michigan Attorney General Dana Nessel had persuaded the Judge to temporarily halt all Line 5 operations.

Shortly thereafter, the parallel west segment had reopened following a satisfactory inspection, and a subsequent review by the federal Pipeline and Hazardous Materials Safety Administration (PHMSA) had likewise not identified any safety concerns for the east segment.

Senators Introduce Bill to Ban PFAS, Bisphenols, and Phthalates in Food Packaging
Friday, September 04, 2020 12:00 AM

On September 1st, Senator Jeff Irwin (D-Ann Arbor) introduced a bill that would create a state ban on the use of PFAS, bisphenols, or phthalates in food packaging. The bill was also sponsored by Democratic Senators Winnie Brinks (Grand Rapids), Sean McCann (Kalamazoo), and Stephanie Chang (Detroit), all of whom are progressive on environmental issues and represent districts impacted by PFAS.

Please click here for more information and a copy of SB 1072

AG Nessel Files Further PFAS Lawsuits Against Firefighting Foam Manufacturers
Friday, August 21, 2020 12:00 AM

On Friday, August 21st, Michigan Attorney General Dana Nessel announced that she had filed a pair of lawsuits in state and federal courts against alleged manufactures of firefighting foam containing PFAS. These suits are a follow-up to the earlier suit filed in January against 17 chemical manufacturers, which had specifically excluded AFFF-related damages from the claim.

Like the January suits, the most recent claims were filed by a group of private law firms, including DC-based Fields PLLC, Chicago-based DiCello Levitt Gutzler LLC, and Cincinnati-based Keating Muething & Klekamp PLL. The firms are working on a contingency basis with compensation ranging from 10 to 20% of any damages awarded.

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