Joseph G. Maternowski is a shareholder at Moss & Barnett and chairs the firm's environmental law practice area. Mr. Maternowski advises clients on environmental matters that arise in business and real estate transactions, litigation related to contaminated property and the defense of enforcement actions brought by state and federal agencies including the U.S. Environmental Protection Agency (EPA) and the Minnesota Pollution Control Agency (MPCA).
Mr. Maternowski is highly respected by his clients and peers not only for delivering successful results, but also for his unique experience and zealous client advocacy. As such, in 2004 he successfully represented a small business owner in an MPCA enforcement proceeding. A state district court judge awarded a precedent-setting attorney's fee award of $112,000 to Mr. Maternowski's client under the Minnesota Equal Access to Justice Act. In 2005, Minnesota Law & Politics named that case as "Lawsuit of the Year." In addition, Mr. Maternowski recently assisted a Fortune 500 company in conducting site investigations and cleanups at manufacturing sites and in evaluating ongoing environmental compliance status at operations across the country. Other projects that Mr. Maternowski has assisted clients with include:
Served as Common Counsel for a group of clients in a multi-million dollar cost recovery litigation involving contaminated scrap yard property in Minnesota.
Successfully challenged federal, state and local environmental enforcement actions and obtained substantial reductions of civil and administrative penalty assessments.
Conducted due diligence review, including evaluation of Phase I Environmental Site Assessments and preparation of environmental risk assessment opinion letters, of numerous cellular telecommunications sites at sites located in urban and rural areas in a six-state upper Midwest region.
Assisted clients involved with the purchase of commercial and industrial property in complying with the "all appropriate inquiry" standard and, where appropriate, advised as to the availability of liability assurances from state voluntary cleanup programs.
Helped clients develop environmental health and safety audit and management programs to minimize potential environmental liability and risk.
Mr. Maternowski has written articles on the topics of environmental liability and compliance that have been published widely. He frequently addresses business groups and trade associations. To follow developments in environmental law and compliance, please visit Mr. Maternowski's website at www.EnviroAttorney.net. He is frequently sought out by other counsel to provide assistance on matters as a retained expert or to serve as co-counsel.
In an effort to be cost effective, Mr. Maternowski utilizes a team approach involving paralegals, associate Moss & Barnett counsel and others as needed to provide services as efficiently as possible. Mr. Maternowski uses the many resources of Moss & Barnett's 70-plus attorneys by appropriately involving business lawyers, real estate lawyers and experienced litigators who have unique and required expertise. He is admitted to practice in Minnesota and the U.S. District Court for the District of Minnesota.
Areas of Practice:
Administrative Law
Brownfields Redevelopment
Business and Real Estate Transactions
Clean Air Act
Clean Water Act
Environmental Auditing
Environmental Clean-up
Environmental Compliance
Environmental Cost Recovery
Environmental Health and Safety
Environmental Law
Environmental Litigation
Environmental Permitting
Groundwater Contamination
Hazardous Waste Regulation
Insurance Coverage Matters
Petroleum Cleanups
Resource Conservation and Recovery Act (RCRA)
Bar Admissions:
Minnesota
U.S. District Court District of Minnesota
U.S. Court of Appeals 1st Circuit
Education:
Temple University School of Law, Philadelphia, Pennsylvania,
1984 J.D.
Yale College,
1978 B.A. Major: History
Published Works:
Waterlogged, Minnesota Law & Politics by Maura Keller, December/January, 2005
Court Orders State to Pay Attorney Fees
Choosing an Environmental Consultant
New Laws Encourage Redevelopment of Polluted Land
David Beats Goliath: Court Orders State to Pay Defendants' Attorneys Fees, December, 2000
California's Proposition 65: Without a Product Warning, You May Pay the Price
Equal Access To Justice Acts: Regulatory Relief For Small Business
Audits: One Tool to Limit Environmental Liability
Businesses Beware: Personal Liability Looms for Environmental Offenses, The Hennepin Lawyer, November/December, 1992
New Developments in Environmental Law: "All Appropriate Inquiries", Minnesota State Bar Association, Environmental and Natural Resources Law Section, Minneapolis - December 7, 2006
Avoiding Environmental Liability, Ramsey County Bar Association, Solo and Small Firm Committee, St. Paul - September 28, 2006
Current Issues in Storm Water Regulation in Minnesota, Lorman Educational Services, St. Cloud - June 29, 2006
Equal Access to Justice Act: Attorneys Fees Recovery for MNCLE and Second Annual Minnesota Environmental Law Institute, Minnesota State Bar Association's Environmental and Natural Resources Law Section - April 19, 2006
Liability for Contaminated Property, Lorman Educational Services - 2003-2004
Liability and Compliance, Comprehensive Environmental Response Compensation and Liability Act and Superfund Settlements, Academy of Certified Hazardous Materials Managers, Minneapolis - 2001-2006
Redevelopment of Contaminated Property in Minnesota, Lorman Education Services, Bloomington - October 22, 2003
Environmental Compliance Law in Minnesota, National Business Institute, Minneapolis - February 26, 2003
Understanding and Using Environmental Audits in a Business Practice, Minnesota Institute of Legal Education and Commercial Practice Institute - February 28, 1996
Environmental Liability in Unlikely Places, ProSource, Minneapolis - 1995
Avoiding Criminal Liability: Ten Steps to Environmental Compliance, Upper Midwest Section, Air and Waste Management Association, Minneapolis - February 9, 1994
Honors and Awards:
Lawsuit of the Year, Minnesota Law & Politics,
2005
Professional Associations and Memberships:
Minnesota State Bar, Enviromental and Natural Resource Section Council,
1996
- Present
