Siegal, Arthur H.


  Southfield, Michigan, USA
 +1 248 351 3000
 +1 248 351 3082
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J.D., University of Michigan Law School, 1986

Professional Experience

Arthur is admitted to practice law in Michigan and in all Michigan Federal Courts and has successfully represented businesses and individuals in dealing with the environmental impacts of their actions and environmental liabilities relating to their properties for 12 years.

Areas of Emphasis

Environmental Law: Superfund - Liability Resolution and Avoidance

Arthur has been active in litigating cases relating to environmental liabilities focusing on the federal superfund statute counterpart law, including negotiating one of the first settlements with U.S. E.P.A. applying the newly adopted EPA Policy for Municipality and Municipal Solid Waste CERCLA Settlements at NPL Co-Disposal Sites.

Arthur has successfully represented: a former lessee of an above-ground storage tank at a "tank farm" facility which was sued by neighboring landowners alleging health problems and property value decline; a number of defendants in a complex multi-party act 307 cost-recovery lawsuit filed by an Oakland County landfill operator against companies that allegedly generated wastes disposed of in the landfill; and a plating operation against its insurer to fund the remedial activities required by the U.S. EPA. Arthur successfully defended a mobile home park operator against allegations that it had contaminated nearby surface groundwater.

Arthur has assisted a variety of clients engaged in lending against, selling and purchasing real estate relating to environmental concerns. This includes evaluating environmental liability and assisting in obtaining MDEQ approval of a number of Baseline Environmental Assessments leading to liability protection for a number of clients purchasing real estate.

Arthur is well versed, and has assisted clients, with obtaining funding for remedial programs from the recently adopted Brownfield Redevelopment Authority program and is farmiliar with the recently approved Clean Michigan Initiative which will provide in excess of $250 Million to remediate and redevelop sites of contamination.

Arthur has assisted clients with meeting their obligations to remediate underground storage tanks and in obtaining funding under the former Michigan tank program, including funding one remedial program at a cost of over $120,000 in state monies.

Compliance- Hazardous Waste/Air/Water

Arthur has focused on issues relating to State licensing and represented clients in both litigation and administrative challenges regarding administrative agencies’ actions. He has successfully negotiated with the U.S. EPA and the Michigan Departments of Natural Resources and Environmental Quality regarding small and larger manufacturers’ obligations relating to their: management of underground storage tanks; management of hazardous by-products from their operations; discharges to the atmosphere; discharges to surface water bodies and municipal treatment systems; and their obligations to report various activities to the government.

This has included successfully representing: a local steel mill regarding the upgrading of its wastewater treatment systems in negotiations with the MDEQ; successfully an engine remanufacturer and steel fabricator with respect to their obligations to manage hazardous wastes key generated an automotive supplier with respect to complaints regarding emissions from their painting processes; a circuit board manufacturer regarding its management of hazardous wastes it generated and regarding notifications required by law to state and local agencies.

Solid Waste

Arthur has represented a number of solid waste management companies, including two of the three largest companies, in a variety of cases relating to permitting, operations, licensing, solid waste planning as well as municipal contracting for solid waste disposal.

He is intimately acquainted with the Michigan Solid Waste Management part of the Michigan Environmental Code (Part 115, formerly Act 641), and the Solid Waste rules as well as the federal regulations adopted pursuant to Subtitle D of the Federal Resource Conservation and Recovery Act.

Arthur's knowledge of Michigan’s solid waste planning program and, particularly, the solid waste plans of the counties in southeastern Michigan has assisted clients with plan amendments and challenges.

He was an active part of the team which represented Fort Gratiot Sanitary Landfill, Inc. in its successful 1992 United States Supreme Court Case, Fort Gratiot Sanitary Landfill, Inc v Michigan Dept of Natural Resources, 112 S CT 2019 (1992).

Arthur drafted the amicus brief on behalf of the Michigan Waste Industries Association and National Solid Waste Management Association in a Michigan Court of Appeals case interpreting the Fort Gratiot case as it applied to intra-state waste flows.

Arthur has negotiated agreements both on behalf of and with municipal entities to allow the siting and expansion of landfill, within the municipal boundaries.

Oil and Gas Issues

Arthur has represented both mineral developers and landowners in negotiations regarding mineral rights.

Memberships/Associations

* Oakland County Bar Association Environmental Law Section
* The State Bar of Michigan’s Environmental Law Section - Wetland Committee, Solid & Hazardous Waste Committee and Superfund Committees
* The American Bar Association - Administrative Law Section
* Michigan Chamber of Commerce’s Environmental Quality Steering Committee
* Greater Detroit Chamber of Commerce’s Environmental Quality Committee
* ASTM (formerly the American Society for Testing and Materials)

Publications and Speaking Engagements

* "Impacts of QA/QC Consulting Services on an Owner’s Long Term Liability," 3rd annual Waste Equipment & Recycling Conference, September, 1991
* "The Rising cost of Waste Disposal," Laches, June 1992
* Panelist, "The Great Waste Debate" - sponsored by the Michigan Recycling Coalition
* "Waste Management: "An Example of Accelerating Regulation, " Laches, June, 1994
* Presenter - Regarding Data Tracking at annual program sponsored by the Michigan Recycling Coalition, February, 1995
* Panelist - Due Process program on WDIV, May 1996
* "Takings and Environmental Regulations," Laches, June 1996
* Member of the Steering Committee for, and panelist on, the Greater Detroit Chamber of Commerce’s first ever Southeast Michigan-Southwest Ontario Environmental Policy Summit - October, 1997

Education

University of Michigan Law School J.D., 1986 cum laude
Wayne State University, B.S., 1983 with distinction