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John Byl is involved in virtually all aspects of the Firm's environmental practice. He has extensive experience in brownfield redevelopment financial incentives, air compliance and permits, CERCLA and state mini-Superfund matters, environmental insurance coverage cases, underground storage tank issues and other regulatory and enforcement matters. John is Chair of the Firm’s Environmental Practice Group.
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Representative Experience
- Successfully pursued and administered numerous brownfield redevelopment financial incentives, including brownfield redevelopment grants, site reclamation grants, tax increment financing, single business tax credits, brownfield revitalization loans and waterfront grants; including the largest brownfield project in the state. Clients have received benefits totaling over $300 million.
- Obtained clean closure certification from the Michigan Department of Natural Resources (MDNR) for a commercial hazardous waste disposal facility, which was the first ever received in the State of Michigan
Responsible for the management and handling of major, complex CERCLA litigation involving numerous novel legal issues relating to a Superfund site with an estimated cleanup cost of $100 million. Litigation and subsequent appeals occurred over a ten-year period, and included a four-week trial in the Western District of Michigan in 1991 and a hearing before the United States Supreme Court in 1998. Favorable decisions, titled U.S. v Cordova Chemical Company, et al., were issued by the Sixth Circuit in 1995 and 1997. A decision was issued by the U.S. Supreme Court in June, 1998. The U.S. Supreme Court decision, U.S. v Bestfoods, is the controlling decision on CERCLA liability of shareholders, officers and directors, including parent corporations. This was one of the few CERCLA cases that has gone through trial - Has represented automotive manufacturers and suppliers on several transactions and regulatory matters, including air enforcement and underground tank matters
- Selected to be allocation mediator at large Superfund site near Chicago, Illinois, in which we prepared an opinion allocating responsibility among 22 parties involved at the site
- Successfully negotiated and obtained numerous environmental permits for proposed developments and expansions
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Honors And Awards
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Listed in The Best Lawyers in America
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Phi Beta Kappa
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Kinney Award, granted to outstanding Senior in Business and/or Economics
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Certificate of Merit in Writing and Advocacy
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Bar Associations
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American Bar Association
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State Bar of Michigan
Environmental Law Section, Chair, 2006-2007; Member Solid and Hazardous Waste Committee; Program Committee Chair, 2000-2004
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Grand Rapids Bar Association
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Teaching and Lecturing
- Frequent lecturer on a wide variety of environmental topics at state bar-related functions, state and local chamber activities, trade association meetings, privately sponsored seminars and other business group functions
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Publications
- Author of numerous articles about environmental statutory and regulatory developments
- Authored or edited chapters of several environmental books and treatises
- Co-author, "Allocation Under CERCLA: How it Works and How it May Change," J. Envtl. L. & Prac., May/June, 1995
- "Financial Incentives Available for Contaminated Property," West Michigan Commercial Development, Real Estate Quarterly, Vol. 1 Number 1, Febuary 1 - April 30, 2002
- "Turning Dumps Into Dollars," Michigan Real Estate Journal
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Professional Affiliations
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West Michigan Air and Waste Management Association
West Michigan Chapter, Chair, 2002-03 and Board of Directors, 1999-2004
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Information Network for Superfund Settlements
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National Brownfield Association
Michigan Chapter, Member Executive Committee, 2005-present; Policy and Legislative Committee, Chair, 2005-present
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News
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