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Mr. Gilezan is the Practice Group Leader of the Environmental Law Group and a member of the firm's Automotive Industry Practice and Construction Law Teams. His environmental practice focuses on regulatory, transaction, contracting and litigation matters involving private and public sector clients. He has experience in cleanups; underground storage tanks; waste management; air emission (especially engine testing); water discharge; wetland and property use requirements; contracting for environmental services, materials and equipment; facility closures and Brownfield projects; business and property sales and leases; cost recovery litigation; environmental management and health/safety systems; facility audits; natural resource damage claims; multi-party cleanup projects involving large-scale engineering and construction efforts; European Union "end of life cycle" requirements; domestic and international e-waste requirements; and the representation of manufacturers and suppliers in the automotive, oil, global defense and drycleaning industries.
Experience
Remedial Projects. Counseling individual and groups of industrial companies on matters involving the design and construction of multi-million dollar site cleanup projects, including principal responsibility for budget, procurement, contract personnel and disputes, daily operations and communications with agencies.
Agency Dealings. Negotiated with Michigan, Indiana and U.S. EPA Regions regarding enforcement claims and permits for cost recovery, natural resource damage, waste management, wetland, surface water, underground storage tank, remedial action, air emission, spills and reporting.
Risk Management. Anticipating environmental trends and counseling on management strategies to integrate requirements on a proactive basis to minimize risks and operating costs, avoid enforcement and facilitate permitting, including expertise on facility audits, site closure, brownfield, underground storage tank, waste management, air emission, hazardous site, water discharge, property use requirements and domestic and international vehicle waste and e-waste requirements.
Transactions. Handling due diligence matters and drafting provisions to address environmental aspects of property and business sales (asset and stock), leases, divestitures and mergers throughout the United States, involving hospitals, industrial companies, commercial structures, municipal properties, small businesses and brownfields.
Contracting. Procuring, drafting contracts and negotiating disputes, change orders and claims for environmental consulting services, materials, pollution control equipment, EU "end of life cycle" and domestic/international e-waste reporting, certification, confidentiality and indemnification requirements and remedial construction, operation and maintenance work. Prosecuted breach of contract, malpractice and negligence claims against an engineering/design firm; and defended the interests of a demolition program manager in a multi-million dollar asbestos exposure class action lawsuit (568 plaintiffs).
Litigation. Defended several significant cost recovery, property damage and injunctive relief claims; prevailed in the Michigan Court of Appeals and the Michigan Supreme Court on the defense of a several hundred million dollar injunctive relief claim; prevailed in the U.S. District Court, Eastern District of Michigan and the U.S. Sixth Circuit Court of Appeals on the defense of a billion dollar property damage claim; prevailed in the U.S. District Court, Northern District of Alabama and the U.S. Eleventh Circuit Court of Appeals on the defense of a multi-million dollar contribution claim; and prosecuted a cost recovery lawsuit, achieving multi-million dollar settlements; prosecuted a petition for access to perform remedial work on properties and appealed agency penalty claims.
Policy. Prepared position papers on various environmental initiatives for use in lobbying, including positions on Michigan's cleanup requirements, UST corrective action program, environmental justice policy and a "white paper" for the domestic automotive industry on international competitive issues associated with air quality regulations.
Seminars and Speeches
2007 FBA Luncheon Program Series, Detroit, Michigan
2006 Lead Claims, Dykema Gossett Seminar, Detroit, Michigan
2006 Restrictive Covenants, Dykema Gossett Seminar, Detroit, Michigan
2005 Offsite Contamination, Dykema Gossett Seminar, Detroit, Michigan
2005 Superfund Contribution Rights, Dykema Gossett Seminar, Detroit, Michigan
2004 All Appropriate Inquiry, SME/Dykema Property Due Diligence Seminar, Southfield, Michigan
2004 The State of Environmental Law Practice, Environmental Law Forum, Wayne State University Law School, Detroit, Michigan
2003 European Union End-of-Life Cycle Vehicle Requirements, Automotive General Counsel Forum, Southfield, Michigan
2001 The State Of Environmental Law Practice, University of Michigan Law School, Ann Arbor, Michigan
2001 Best Environmental Risk Management Practices, Michigan Institute of Laundering and Drycleaning, Shanty Creek Annual Meeting
2000 Environmental Exposure In the Workplace, General Motors OSHA Training Program, Detroit, Michigan
1999 Environmental Lending Requirements, Institute of Business Law Seminar, Detroit, Michigan
1999 Environmental Regulation In Michigan, WCAR Radio Highlight On Technology Show, Detroit, Michigan
1999 Michigan's Baseline Environmental Assessment, Michigan Institute of Laundering and Drycleaning, Mackinac Island Annual Meeting
Publications
FBA Newsletter, "President's Column"
Crain's Business Weekly, "Superfund Contribution Rights"
Brownfield News, "The Superfund Windfall Lien"
Crain's Business Weekly, "Brownfield Developments"
Legal Advocator Newspaper, "Environmental Duties For Landowners"
Michigan Institute of Laundering and Drycleaning, Clean Talk Magazine, "Owning/Operating Contaminated Property"
Institute of Business Law Book, "Environmental Regulation In Michigan," Michigan Environmental Law, Institute of Business Law
Michigan Department of Environmental Quality Environmental Justice Work Group, "State Of Michigan Environmental Justice Policy," Michigan Department of Environmental Quality Environmental Justice Work Group Guidance Document
Michigan Bar Journal, "Making Brownfields Green Again: How Efforts To Give Urban Centers An Economic Facelift Have Changed The Face Of Environmental Policy"
ABA Tax Section Journal, "Environmental Taxes And Fees In Michigan"
Professional Associations
Federal Bar Association, Eastern District of Michigan Chapter, President (2006-2007), Sixth Circuit Judicial Conference Chair (2006), Bench and Bar Conference Co-Chair (2002), Executive Board (1997-2001), Membership Chair (1997-2000), New Lawyers Seminar Co-Chair (1990-Present)
Michigan State Bar Association, Environmental Law Section, Member
American Bar Association, Section Of Natural Resources, Energy And Environmental Law, Member
Civic and Cultural Involvements
City Of Grosse Pointe Woods, Planning Commission (1996-Present) and Community Development Block Grant Commission, Member (1996-2004)
Metropolitan Detroit Chamber Of Commerce, Leadership Detroit (2003-Present) and Environmental And Energy Policy Committee, Member (1997-Present)
Michigan Department Of Environmental Quality, Environmental Justice Work Group, Member (2000-2001)
St. Michael's Episcopal Church, Vestry, Member (2002-2005) and Property Committee, Member (2002-Present)
Neighborhood Club Girls Basketball Coach (2002-Present)
Awards
Federal Bar Association, Eastern District Of Michigan Chapter, Distinguished Service Award, President Excellence (2007), Chapter Excellence for Sixth Circuit Judicial Conference (2006), Bench and Bar Conference (2002), New Lawyers Seminar (2001) and Membership (1999)
Martindale-Hubbell "AV Rating" for Preeminent Legal Ability and Very High Ethical Standards
Named 2006 Michigan Super Lawyer by Law & Politics.
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