Michael D. Hockley is a lawyer practicing environmental, environmental cleanups, environmental compliance and enforcement defense and 15 other areas of law. Michael has been licensed for 46 years. Michael practices at Spencer Fane, LLP in Kansas City, MO.
MEMBERSHIPS
•American Bar Association
•Past Chair, Solid and Hazardous Waste Committee, Section of Environment, Energy, and Resources
•Past Chair, Enforcement Sub-Committee, Committee on Environmental Law, Litigation Section
•American College of Environmental Lawyers - fellow and Member, Board of Regents and Executive Committee Member
•Armed Forces Bank Board of Directors, Audit Committee, and Compliance Committee Chair
•Overland Park Rotary Club
•Overland Park Rotary Club Foundation, Past President
•United Way of Greater Kansas City, Past Chair
•United States Army Command and General Staff College Foundation Board of Trustees, President and Executive Committee Member
•United Community Services of Johnson County, Board of Trustees Fellow: in the American College of Environmental Lawyers and serves on its Board of Regents and Executive Committee. He is listed in Who's Who in American Law, The Best Lawyers in America, Madison's Who's Who of Professionals, Chambers USA List of Leading Lawyers, the Kansas and Missouri List of Super Lawyers, the Missouri and Kansas List of Top Attorneys, and has been recognized in Who's Who Legal: The International Who's Who of Environmental Lawyers since 2010. He was named The Best Lawyers Kansas City Environmental Law Lawyer of the Year for 2012 and 2016.
Mike graduated from the United States Military Academy in 1973 and the University of Nebraska College of Law in 1980, where he was elected to the Order of the Coif and Order of the Barristers. Mike served 14 years as an active duty Army officer and completed his service as a Lieutenant Colonel in the U.S. Army Reserve. In his Army Reserve capacity, he taught Federal Litigation to Department of Defense lawyers at the Judge Advocate General's School and advised the U.S. Army Environmental Law Division in Washington, D.C. on environmental compliance and enforcement issues.
He frequently writes and speaks to a wide variety of audiences on environmental law topics.
DISTINCTIONS
•Best Lawyers - Kansas City Environmental Lawyer of the Year, 2012 and 2016
•Ben Craig Distinguished Service Award, Overland Park Rotary Club, 2014
•United Way Adele Hall Spirit of Caring Award, 2014
•Fellow, American College of Environmental Lawyers
•Ranked in Chambers USA
•Listed in Missouri & Kansas Super Lawyers
•Listed in The Best Lawyers in America
Publications
June 23, 2014
Supreme Court Strikes Down Key Aspects of EPA's Greenhouse Gas Regulations, But Upholds Other Provisions
Earlier today, June 23, 2014, the United States Supreme Court dealt a blow to EPA's current approach to regulating greenhouse gas emissions (GHGs) through its air permitting program for new or expanding stationary sources. Utility Air Regulatory Group v. Environmental Protection Agency. No. 12-1146, ___ U.S. ___, June 23, 1014. The Court said it left intact EPA's ability to regulate 83 percent of such GHG emissions, compared to the 86 percent EPA championed under its approach. Nevertheless, in its ruling the Court undercut key foundations of EPA's current GHG regulatory approach. This ruling will require EPA to re-think many aspects of its approach to GHGs and will give opponents increased leverage in the upcoming discussions.
March 8, 2014
Startup, Shutdown, and Malfunction Notifications - EPA Approves Missouri SIP Revision
On March 5, 2014, EPA announced that it was approving SIP revisions to the Missouri SIP regarding start-up, shutdown, and malfunction (“SSM”) conditions, effective April 4, 2014. 79 Fed. Reg. 12394 (Mar. 5, 2014).
January 26, 2014
UST Violations at County's Fueling Facilities Lead to $5 Million in Fines and Compliance Upgrades
EPA Region 2 and the U.S. Attorney's Office for the Eastern District of New York recently announced a significant settlement involving underground storage tank (UST) violations for tank systems owned and operated by the County of Suffolk, New York. The settlement serves as a timely reminder of the RCRA compliance obligations for states, counties, municipalities, and local governments that own and operate vehicle fleets, USTs, and tank systems at fueling facilities for Police, Fire, Department of Public Works, Department of Transportation, and related governmental departments.
December 30, 2013
EPA Approves 2013 Phase I ESA Standard - Agency Says Not to Use 2005 Standard
Effective December 30, 2013, parties may use the 2013 Phase I Environmental Site Assessment standard ASTM E1527-13 to satisfy the All Appropriate Inquiries Rule, according to the EPA. And while the agency has not yet removed references to the 2005 standard in the final rule, 78 Fed. Reg. 79319 (Dec. 30, 2013), EPA clarified that it intends to issue a proposed rule to remove the references to the 2005 standard.
December 1, 2013
Anhydrous Ammonia Violations Result in RMP and PSM Enforcement - Focus on Mechanical Integrity
EPA and OSHA continue to target companies that store and use the industrial refrigerant anhydrous ammonia as reflected in recent EPA Risk Management Plan (RMP) enforcement and OSHA enforcement of the Process Safety Management (PSM) regulations. Failures in the Mechanical Integrity requirements were prevalent in both enforcement cases.
November 8, 2013
New Final Phase I ESA Standard E1527-13 Issued
On November 6, 2013, ASTM issued its revised standard practice for conducting Phase I Environmental Site Assessments (ESA), with an effective date of November 1, 2013. Now the wait begins to see if EPA will continue to allow the 2005 version of the Phase I ESA standard E1527-05 to satisfy the All Appropriate Inquiries Rule (AAI) at 40 CFR Part 312, or whether the new revised E1527-13 completely supersedes the prior version.
September 8, 2013
EPA to Withdraw Rule Regarding New Phase I ESA Standard E1527-13 as Satisfying All Appropriate Inquiries
When EPA issued its Direct Final Rule on August 15, 2013 (78 Fed. Reg. 49690), approving the use of the new proposed 2013 Phase I Environmental Site Assessment (ESA) standard (ASTM E1527-13) to satisfy the All Appropriate Inquiries Rule, 40 CFR Part 312, the agency specified it would withdraw the Final Rule and it would not take effect if EPA received an adverse comment during the comment period. That has now happened as an adverse comment was received on August 28. Consequently, EPA will withdraw the final rule (if it does what it said it would do) and rely upon the companion Proposed Rule issued simultaneously on the same day, 78 Fed. Reg. 49714, and respond to comments in order to proceed with a final rule.
August 19, 2013
Federal Court Strikes Down EPA's “Deferral Rule” - Landfill Carbon Dioxide Emissions and Other Biogenic Sources Cannot Be Treated Differently in Greenhouse Gas Permitting
According to the D.C. Circuit Court of Appeals, the U.S. EPA acted in an arbitrary and capricious manner in promulgating the 2011 “Deferral Rule” which, albeit temporarily, treated biogenic sources of carbon dioxide differently than greenhouse gas emissions from fossil-fuel combustion in vehicle tailpipes and stationary sources such as coal-fired power plants for purposes of greenhouse gas permitting. The D.C. Circuit's recent decision to vacate the Deferral Rule in Center for Biological Diversity v. EPA, essentially means that sources of biogenic carbon dioxide - such as landfill gas, wastewater treatment plants, manure management facilities, biomass combustion sources, and ethanol production plants - may no longer rely on the temporary deferral and must now consider such emissions as part of pre-construction and construction permitting (PSD and NSR) and major source operating permits (Title V).
August 1, 2013
Chemical Facility Safety and Security Under Scrutiny with Presidential Executive Order
On August 1, 2013, President Obama issued an Executive Order - Improving Chemical Facility Safety and Security - aimed at improving safety and security at facilities where chemicals are manufactured, stored, distributed, and used.
July 7, 2013
Stormwater Penalty Exceeds $475, 000 for Three Road Construction Sites
The Kansas Department of Transportation (KDOT) has entered into a federal Consent Decree with the Environmental Protection Agency (EPA) and the U.S. Department of Justice to resolve construction stormwater violations under the Clean Water Act. The Consent Decree, published in the Federal Register on Monday, July 8, 2013, and lodged in federal court on July 1, requires KDOT to pay a civil penalty of $477, 500.
Experience
Clean Air Act
Landfill Permitting
Military Legal Experience
Miscellaneous Environmental Representation
RCRA Corrective Action
Superfund Proceedings
News
August 18, 2016
“Best Lawyers in America” Recognizes 47 Spencer Fane Attorneys
Spencer Fane is pleased to announce that 47 of the firm's attorneys have been selected for inclusion in the 2017 edition of Best Lawyers in America. Attorneys are recognized in their respective practice areas ranging from white collar criminal defense and environmental litigation to bankruptcy and tax law.
March 30, 2016
Spencer Fane Hosts Community Influencers Dinner
Thursday night, March 24, Spencer Fane hosted a reception and dinner in conjunction with the Command and General Staff College Foundation (CGSCF). Over 40 Community Influencers - business and community leaders throughout Kansas City - attended the dinner to meet and listen to remarks from Patrick Murphy, the Acting Secretary of the Army.
September 4, 2015
Spencer Fane and Mike Hockley recognized by the Command and General Staff Foundation
The Command and General Staff College Foundation (CGSCF), a non-profit educational foundation that provides resources and support to the U.S. Army Command and General Staff College (CGSC) in the development of tomorrow's military leaders, has recognized Spencer Fane and Mike Hockley as long-time supporters of the Foundation.
August 17, 2015
'Best Lawyers in America' Recognizes 41 Spencer Fane Attorneys
Spencer Fane is pleased to announce that 41 of the firm's attorneys have been selected for inclusion in the 2016 edition of Best Lawyers in America. Attorneys are recognized in their respective practice areas ranging from white collar criminal defense and environmental litigation to bankruptcy and tax law. Member: MEMBERSHIPS •American Bar Association
•Past Chair, Solid and Hazardous Waste Committee, Section of Environment, Energy, and Resources
•Past Chair, Enforcement Sub-Committee, Committee on Environmental Law, Litigation Section
•American College of Environmental Lawyers -
1000 Walnut Street, Suite 1400Kansas City, MO 64106U.S.A.
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