Navigating Environmental Compliance

Butzel is one of Michigan’s longest-standing law firms, advising businesses across industries on regulatory compliance, environmental law, and complex commercial matters. As environmental expectations evolve alongside shifting regulatory realities, the firm plays a key role in helping companies navigate both legacy challenges and emerging risks. SBN Detroit interviewed Butzel shareholder Beth Gotthelf to discuss how environmental compliance, sustainability, and innovation are intersecting today — particularly in Southeast Michigan — and what businesses should be paying attention to in the years ahead. Q: From your perspective, what are the most consequential changes shaping how companies approach compliance and sustainability today? A: Many companies still treat compliance and sustainability as separate conversations. Compliance is something they aim for while sustainability is framed as an aspirational goal. Where those two intersect most often is when sustainability also makes business sense. Reducing water use, reusing materials, and improving efficiency often lower costs. Recycling and waste reduction can improve margins. As a result, many organizations are approaching sustainability less as a branding exercise and more as a fiscal and operational strategy. Q: How are businesses navigating the tension between accelerating sustainability goals and increasingly complex regulatory frameworks at the state and federal levels? A: Right now, I don’t see the same level of tension that existed a year or two ago, particularly in Michigan, unless they also have facilities outside of the U.S. or in California. Many companies still believe in climate action and sustainability, but they’re not always using that language domestically given the current federal environment. That said, sustainability reporting is mandated outside the US, with the European Union leading the way for larger firms, and nations like Australia, China, India, and Japan requiring disclosures.  Those requirements still apply across all divisions, including U.S. facilities. One area where regulatory complexity is very real is battery recycling, particularly lithium batteries. The regulatory framework in the U.S. makes recycling more difficult than in other countries. That’s an area where we need better alignment to compete in the global market. There is progress happening, but it remains a challenge. Q: Southeast Michigan has a deep industrial legacy alongside growing environmental expectations. What challenges does that history create for remediation and compliance in this region? A: There are many. One challenge, for example, is that materials historically considered “clean fill” may no longer be viewed that way under current standards. The question becomes: do we excavate and remove it all? That creates dust for the area, truck traffic, emissions, road wear, and additional environmental impacts. In some cases, the net environmental benefit is questionable. We also face decisions around highly contaminated sites — whether to cap and manage contamination in place or attempt full remediation to pre-industrial conditions, which can be extremely costly and disruptive.  I have simplified the issue but there is a balance between the desire to re-use contaminated sites (brownfield), finding a new productive use, and moving to a ‘greenfield,’ where you do not have to incur the cost, time, and worry of a brownfield. On the compliance side, Southeast Michigan has dense industrial areas adjacent to residential neighborhoods, particularly in places like Southwest Detroit. That proximity creates ongoing tension between maintaining industrial activity and protecting air quality and public health. These are not simple issues, and they require balance rather than absolutes. Q: Are you seeing a shift from reactive environmental compliance to more proactive strategies? A: Yes, overall companies are more proactive than they were decades ago. There’s greater environmental stewardship and awareness. There are better tools to allow for reuse, recycling, lower emissions, fewer chemicals being discharged in wastewater, better management of stormwater, etc.  Companies are constantly looking and then implementing those tools.  People, whether a resident, employee, or both–want products that last, clean water for swimming and boating, and healthy ecosystems — and they also want manufacturing and economic growth. Balancing those priorities is ongoing but can be done.  We can build manufacturing and provide jobs while protecting the environment. Larger companies tend to have more resources to implement sustainability strategies and work with suppliers to raise standards. That said, the last year has been different. Incentives to pursue sustainability have diminished, and in some cases, companies feel penalized for investing in these efforts. That has slowed momentum for some organizations. Q: What role does innovation play in helping companies meet environmental obligations without stalling growth? A: Innovation is essential. It shows up in many forms — energy management software, automation, detection systems, improved chemicals, safer materials, and better protective equipment to name a few. There’s also a real opportunity to expand access to innovation, especially for small and midsize companies. More forums, education, and exposure to tools like energy tracking, water reuse, stormwater management, and greywater systems would help accelerate adoption. Innovation should be encouraged, not siloed. Q: How are climate-related risks influencing environmental decision-making in the Great Lakes region? A: Water quality has become a major concern. The Flint water crisis highlighted how municipal systems directly affect not just residential, but industrial operations. Poor water quality can damage equipment and disrupt production, forcing companies to install additional filtration and safeguards. Flooding is another growing issue. We’re seeing more frequent and severe rain events, impacting facilities across urban and rural areas alike. It is not good when a facility is flooded, potentially allowing chemicals to flow into the environment or causing work to stop. There are a variety of causes of flooding, some related to the drainage system on property, and some off property. Managing flood risk increasingly requires coordination between municipalities and private operators. Extreme weather — snow, wind, heat, flooding — is becoming part of long-term planning. Some larger companies are building redundancy across regions, but many Michigan businesses are smaller and must do the best they can within limited resources. Q: Compared to other regions, what opportunities does Southeast Michigan offer for sustainable redevelopment and clean manufacturing? A: Southeast Michigan has an abundance of industrial sites suitable for adaptive reuse, along with a strong workforce

Detroiters Working for Environmental Justice Working Hard to Eliminate Health Disparities in Detroit

LAPRISHA BERRY DANIELS

SBN Detroit talked to Laprisha Berry Daniels, Executive Director of Detroiters Working for Environmental Justice (DWEJ), an environmental/social justice organization committed to community engagement and policy change that lifts the voices of Detroiters. Daniels holds a bachelor’s degree in psychology from Michigan State University, as well as master’s degrees in social work and public health from the University of Michigan. With over 20 years of public health experience, she has been responsible for developing, implementing, and evaluating efforts focused on eliminating some of the most stubborn health disparities. Here she shares her thoughts and work in disrupting and dismantling the status quo to ultimately eliminate environmental health disparities in Detroit.   Q: In June 2021 you took on the role of executive director for Detroiters Working for Environmental Justice. What is involved here? A: The work of Detroiters Working for Environmental Justice (DWEJ) started over 30 years ago. The vision then and now is to make certain all people benefit from environmental policies and practices that value the voices and reflect the will of impacted communities. As the executive director, I work with internal and external partners to challenge structures/systems that perpetuate racist and classist policies that negatively impact the well-being of Detroit and Detroiters. DWEJ is currently working with national organizers and local champions to push for adding a Green Amendment to the state’s constitution. Q: What are your short-term and longer-term goals and how will you reach them?  A: DWEJ currently focuses on reducing environmental health disparities, specifically those related to asthma, lead poisoning, and cardiovascular disease (CVD). Our approaches to reducing these disparities involve combining education about illness related to environmental hazards with political action to reduce the environmental factors that lead to disease. Two recent efforts involved engaging community members around making public comments – first, at Detroit city council meetings to object to proposed changes in a rental ordinance that would put more children at risk for having elevated blood lead levels that compromise the physical and mental health of children and pregnant persons, and second, before the zoning appeals board to urge officials to protect the health and well-being of residents by denying a permit to have a new asphalt facility in northwest Detroit. Overall, we focus collaboration, outreach, education, and advocacy efforts on improving the natural and built environment so that the physical, spiritual, mental, and economic health of Detroiters is improved, protected, and maintained. Q: What are the biggest challenges?  A: If Detroit is going to be a model city for sustainability, nonprofits, for-profits, industry, education systems, health systems, government, art institutions, etc. – and I think we can be – we must all work together as we look for creative and innovative solutions to challenges. We must honor the ideas, perspectives, voices, actions, and leadership of the communities impacted by decisions that are being made.  We must listen to the people in the areas we work in – the daily issues that impact their lives. Q: What drives your passion here?  A: I believe that anyone, anywhere can collaborate for the greater good. I have been part of some unlikely alliances that have created transformative change. For example, in previous work, I was responsible for recruiting volunteers ages 55 and up to read to elementary school students. I facilitated relationships with local motorcycle clubs and had bearded, tatted bikers volunteering to read to third graders, encouraging academic achievement and helping to improve school climate. I’m ready to be part of that process as we focus on transforming the way we collectively “do business” as consumers and producers in Detroit. Q: From your perspective – what is the role of businesses in Detroit in terms of sustainability overall for the city? Businesses of all sizes with varying goals, visions, and missions can engage in co-learning, collaboration, and collective action. Many of the challenges that we are facing are the result of a few making decisions that will impact many. Therein lies the problem. The biggest challenge to sustainability, in business and beyond, is clinging to the status quo or “business as usual.”  We have to engage in some business that is unusual. For far too long the blame for environmental woes and the measures to fix the issues have been passed on to individuals. We can shift the conversation from asking individuals to reduce, reuse, and recycle to expecting businesses, especially big businesses, to respect, restore, and replenish. Q: What are businesses in Detroit that are doing it well?  A:  Pingree Detroit comes to mind when I think of sustainability, innovation, creativity, and collaboration. They serve as a prime example of how businesses of varying sizes that have varying impacts on the ecosystem can partner.   Be sure to subscribe to our newsletter for regular updates on sustainable business practices in and around Detroit.