Michigan "Brownfield" and Clean-Up Law Reforms

On Aug. 17, 2010, the Michigan State Senate passed sweeping reforms of Michigan's Environmental Remediation Program, known as Part 201 of the Natural Resources and Environmental Protection Act (NREPA). This proposed legislation is the result of years of dialogue among various stakeholders and is an attempt to fix problem areas in the Part 201 clean-up program that were not working to the satisfaction of the MDNRE or the regulated community. The proposed legislation now moves to the House, where the New Economy Committee is expected to hold meetings on these reforms, with possible action in the "lame duck" session. While there is broad-based support for many of these proposals, there are significant challenges which the Michigan legislature has yet to address. Whether passage of this Part 201 legislation will be a priority is still uncertain but we will continue to monitor progress and report enactment of any significant reforms to Michigan's Part 201 Environmental