Overview
Lee focuses his practice on environmental regulatory, compliance, and enforcement matters, representing industrial companies, manufacturers, property developers, and other regulated businesses. He advises clients on environmental requirements, assists with permitting and compliance issues, and represents clients before the U.S. Environmental Protection Agency, the Michigan Department of Environment, Great Lakes, and Energy (EGLE), and other state environmental agencies.
A substantial portion of his practice involves Clean Air Act matters. Since the early 1990s, he has advised clients on air quality permitting, compliance, and enforcement, including Prevention of Significant Deterioration permitting, nonattainment new source review, minor source permitting, and Title V operating permits. His work also includes evaluating compliance with emissions limitations, monitoring and reporting requirements, regulations for hazardous and toxic air pollutants, and responding to alleged violations and enforcement actions.
Beyond air quality, Lee counsels clients on a range of environmental regulatory issues, including water discharges, drinking water compliance, wetlands regulation, shoreland development, and related permitting matters. He works with clients in industries such as cement manufacturing, automotive manufacturing, automotive suppliers, paper production, foundries, electroplating, oil and gas production, electric utilities, landfills, and hazardous waste treatment, often coordinating with environmental consultants on technical and scientific issues.
Lee also provides environmental support in corporate and real estate transactions involving industrial, formerly industrial, or contaminated properties. His transactional work includes reviewing environmental due diligence materials, evaluating contamination-related risks and liabilities, coordinating with environmental consultants, and advising on environmental issues affecting acquisitions, dispositions, financings, and development projects in Michigan and across the U.S.
Services
Practice Areas
Industries
Experience
Representative Matters
- Defended clients in administrative proceedings brought by federal and state authorities seeking civil penalties and to compel a facility to implement new or additional air pollution control measure
- Negotiated mutually satisfactory resolutions, including substantially reduced penalties for clients, consulting engineers, and regulatory agencies to develop innovative alternatives to fines and penalties such as “supplemental environmental projects” to benefit the environment
- Represented clients in litigation involving challenges to environmental agency rulemakings and permitting decisions, enforcement actions by environmental regulatory agencies, and “citizen suit”
- Advised clients on issues determining requirements to install continuous emission monitors, negotiating appropriate emissions limitations, and resolving requirements for obtaining PSD or other air quality permits
- Advised a number of clients on Title V renewable operating permit issues such as determining whether clients must apply for such permits, helping clients prepare permit applications, and assisting clients in negotiating permit conditions
- Advised clients regarding the applicability of local, state, and federal air quality regulations, including New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and state air pollution control regulations
- Obtained state and federal air quality licenses and permits and exceptions or variances to permit requirements and regulations
- Evaluated whether licenses or permits are required for client activities, assisted clients in completing license and permit applications, and negotiated with regulatory officials regarding the proper conditions to be included in licenses and permits
- Assisted clients in making presentations at hearings on license and permit issues and defended licenses and permits that were challenged by environmental organizations
- Participated in the adoption by the MDEQ Science Advisory Panel of a policy related to regulation of crystalline silica as a toxic air pollutant and subsequent promulgation of an MDEQ rule change removing crystalline silica from the Michigan list of toxic air pollutants
- Instrumented the promulgation of an exemption from permit-to-install requirements for certain electric induction furnaces and in the enactment of legislation to expand the "emergency defense" under Michigan law to sources that are not regulated by a renewable operating permit
Credentials
Education
- Communication and Philosophy
Admissions
- Michigan
Court Admissions
- U.S. Court of Appeals for the Sixth Circuit
- U.S. District Court for the Eastern District of Michigan
Recognition
Awards
The Best Lawyers in America, 2016-2027
- Recognized in practice area of Environmental Law
Detroit Environmental Law "Lawyer of the Year," 2017, 2020, and 2027
Michigan Super Lawyers, 2010-2019
Law Bulletin Media
- Leading Lawyers, Environment Law, 2017, 2023-2024
DBusiness, Top Lawyers, 2026
Professional & Community Involvement
- State Bar of Michigan
- Environmental Law Section
- Chair, 2014-2015
- Chair-Elect, 2013-2014
- Secretary/Treasurer, 2012-2013
- Section Council, 2000-2006
- Air Committee, Past Chair
- Environmental Law Section
- American Bar Association, Environment, Energy and Resources Section
- Air & Waste Management Association
- East Michigan Chapter, Past Chair