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We have assisted clients with environmental law issues for more than two decades including:

  • All types of litigation involving environmental laws, regulations, and ordinances, including mold, sewer back-up, and other flooding/drainage claims.
  • Solid and hazardous waste matters, including under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), and other federal and state statutes and programs.
  • Oil and gas leases and pipeline easements.
  • Underground and above ground storage tank issues and cost-recovery and contribution actions.
  • Environmental due diligence, site assessments and audits, including Phase I and Phase II assessments, environmental compliance reviews for industrial and commercial facilities, and transactional work including baseline assessments and due care plans.
  • Air emissions, permits, and enforcement actions arising under the federal Clean Air Act and state and local air regulatory programs, and odor, dust and other nuisance issues.
  • Community and employee "right to know" issues, including compliance with the requirements of the Emergency Planning and Community Right-to-Know Act.

We have been involved with over 800 contaminated sites in more than 40 states since 1985. As added trial counsel Mr. Kelley successfully defended a $1.5 million leaking underground storage tank claim at trial and separately successfully defended extended injunctive hearing proceedings against a recycling company with respect to alleged air emissions, including class action neighborhood-wide odor complaints.

Mr. Kelley served for three years as Chair of the Detroit Regional Chamber's Environmental & Energy Policy Committee, including testimony in support of 1995 landmark changes to Michigan's environmental code. Over a four year period Mr. Kelley served respectively as Vice Chair, Chair and Co-Chair of the Surface-Water/Groundwater Committee of the State Bar of Michigan Environmental Law Section and separately served on the Environmental Policy Advisory Committee, the Environmental Regulation Task Force, the Groundwater/Leaking Underground Storage Tank Task Force, and the Joint Environmental Funding Task Force of the Southeastern Michigan Council of Governments ("SEMCOG"). Mr. Kelley also served for two years as Chair of the Detroit Metropolitan Bar Association Environmental Law Section.

Mr. Kelley has regularly written on environmental issues and served on several related American Bar Association committees and sections. Publications include co-authoring Trying Environmental Cases to Win: Bench or Jury?, published both in 76 Mich. B.J. 708 (1997) and 16 Mich. Environmental L. J. No. 1 (Spring 1997), Important Developments in Federal Environmental Law, Vol. 12 Mich. Defense Quarterly No. 4 (Fall 1995), and Pushing Superfund Reform into 1995, WARD'S Auto World, November 1994.

Selected Additional Environmental Law-Related Memberships

Member, Toxic Torts and Environmental Law Committee, Tort Trial and Insurance
Practice Section, American Bar Association
Member, Section of Environment, Energy and Resources, American Bar Association
Member, Environmental Law Section, State Bar of Michigan

Published Environmental Law Decisions

RCO Engineering, Inc. v ACR Industries, Inc., 246 Mich. App. 510; 633 N.W.2d 449 (2001), leave denied (2002) (UST environmental cost recovery action)

RCO Engineering, Inc. v ACR Industries, Inc., 235 Mich. App. 48; 597 N.W.2d 534 (1999), vacated in part and remanded (Mich. 2000) (UST environmental cost recovery action)


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