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    <title><![CDATA[Varnum Law]]></title>
    <link></link>
    <description></description>
    <dc:language>en</dc:language>
    <dc:creator>sabaldry@varnumlaw.com</dc:creator>
    <dc:rights>Copyright 2013</dc:rights>
    <dc:date>2013-06-04T18:15:28+00:00</dc:date>
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    <item>
      <title><![CDATA[Offshore Team Sails to Cleveland]]></title>
      <link>http://www.varnumlaw.com/blogs/watts-new/offshore-team-sails-to-cleveland</link>
      <guid>http://www.varnumlaw.com/blogs/watts-new/offshore-team-sails-to-cleveland#When:14:36:39Z</guid>
      <description><![CDATA[<p>
	Muskegon-based Andrie Inc. has been hired to assist in the development of an offshore wind energy project in Lake Erie. The company&rsquo;s 90&rsquo; by 50&rsquo; jack-up barge recently traveled to Cleveland to assist in lake bottom sediment testing seven to nine miles offshore. A jack-up barge is a floating platform with long poles in each of the four corners that can be lowered into the water down to the lake bottom to secure the platform above the water surface. LEEDCo, a public-private partnership, is developing a 27 MW, five to nine turbine offshore project.
</p>
]]></description>
      <dc:date>2013-06-18T14:36:39+00:00</dc:date>
    </item>

    <item>
      <title><![CDATA[Senior Living Expert Panel Series: Planning Ahead]]></title>
      <link>http://www.varnumlaw.com/blogs/legacies/senior-living-expert-panel-series-planning-ahead</link>
      <guid>http://www.varnumlaw.com/blogs/legacies/senior-living-expert-panel-series-planning-ahead#When:16:12:08Z</guid>
      <description><![CDATA[<p>
	Together with Erin Santos, a social worker with HomeCare of Holland Home, Varnum estate planning attorney Linsey Aten will be presenting as part of Holland Home&#39;s Senior Living Expert Panel Series.&nbsp; The topic for June, "Planning Ahead," will include information on estate planning and advanced directives.&nbsp; The seminar will take place at Raybrook Manor in Grand Rapids this evening at 7 p.m. and again on Tuesday, June 18 at Breton Terrace, also at 7 p.m.
</p>
<p>
	The estate planning basics discussed will include:
</p>
<ul>
	<li>
		Planning for incapacity
	</li>
	<li>
		Planning for death
	</li>
	<li>
		Probate avoidance
	</li>
	<li>
		Tax planning
	</li>
	<li>
		Preparing and protecting the next generation
	</li>
	<li>
		Leaving a legacy
	</li>
</ul>
<p>
	The event is open to the public. If you have any questions, please call 616/235-5000.
</p>
<p>
	The next topic in the Senior Living Series, "Medicare and Medicare Advantage Plans: Everything You Ever Wanted to Know," will take place in September.
</p>
]]></description>
      <dc:date>2013-06-13T16:12:08+00:00</dc:date>
    </item>

    <item>
      <title><![CDATA[Five Michigan Ethanol Plants Level Off Production as Ethanol Industry Looks to Recover]]></title>
      <link>http://www.varnumlaw.com/blogs/watts-new/five-ethanol-plants-in-michigan</link>
      <guid>http://www.varnumlaw.com/blogs/watts-new/five-ethanol-plants-in-michigan#When:14:11:48Z</guid>
      <description><![CDATA[<p>
	Michigan has five corn ethanol refineries. Ethanol is an alcohol based fuel made from corn, and production of ethanol is largely dependent on the weather.&nbsp;Last year&#39;s drought negatively impacted corn crops, however, the ethanol industry is leveling off, according to Capital News&nbsp;Service, and looking to recover from its first decline in 15 years.
</p>
<p>
	In 2008 it appeared there would be six additional ethanol refiniries, but ultimately the demand for ethanol in Michigan did not justify 11 total facilities. Currently, the operating plants are in Riga Township, Albion, Caro, Marysville, and Lake Odessa. Generally they have 40-50 employees, each with a capacity between 50-60 million gallons per year. Total ethanol production in the state is approximately 240 million gallons per year.
</p>
<p>
	&nbsp;
</p>
]]></description>
      <dc:date>2013-06-13T14:11:48+00:00</dc:date>
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    <item>
      <title><![CDATA[Michigan&#8217;s Inaugural Wolf Hunt Debuts in November]]></title>
      <link>http://www.varnumlaw.com/blogs/growing-michigan/michigans-inaugural-wolf-hunt-debuts-in-november</link>
      <guid>http://www.varnumlaw.com/blogs/growing-michigan/michigans-inaugural-wolf-hunt-debuts-in-november#When:13:34:23Z</guid>
      <description><![CDATA[<p>
	In recent years, farmers and residents have complained about wolf attacks on livestock and family pets as the population continues to grow and expand its range. The Michigan Department of Natural Resources had been pushing for a limited hunt to help reduce the number of wolves in parts of the Upper Peninsula, home to an estimated 658 wolves.
</p>
<p>
	Michigan Gov. Rick Snyder on May 8 signed a bill empowering the Natural Resources Commission to decide whether to allow wolf hunting.&nbsp; A day after Snyder signed Senate Bill 288 into law, the commission, on a 6 to 1 vote,&nbsp; approved regulations for Michigan&#39;s inaugural wolf hunt this fall, making Michigan the sixth state to authorize the hunting of wolves since federal protections were removed.&nbsp; It set the total harvest at 43 animals.
</p>
<p>
	Animal protection groups did their best to force a statewide vote on the issue. The state Board of Canvassers on May 22 certified petition signatures gathered by Keep Michigan Wolves Protected to put a wolf hunting referendum&nbsp; before voters in Nov. 2014. Although 161,305 valid signatures were needed to qualify for the ballot, referendum supporters collected 255,000 signatures by the March 27 deadline. The ballot measure was rendered moot, however, with the signing of the bill on May 8.
</p>
<p>
	Keep Michigan Wolves Protected&nbsp; wanted to suspend Public Act 520 which designated wolves as a game species.&nbsp; Under previous law, only the Michigan Legislature had the power to designate a game species. It was then up to the Natural Resources Commission to determine if there should be a hunting season. The only dissenter was Commissioner Annoesjka Steinman of Muskegon, whom Snyder appointed to the seven-member panel last year.
</p>
<p>
	The Upper Peninsula&#39;s first wolf hunt is scheduled between Nov. 15 and Dec. 31. The harvest of&nbsp; 43 wolves - roughly 7 percent of the estimated herd,&nbsp; is restricted to three zones.&nbsp; Zone one includes a portion of Gogebic County and the city of Ironwood. The second zone encompasses portions of Baraga, Houghton, Ontonagon and Gogebic counties while the third hunting zone is in portions of Luce and Mackinac counties.
</p>
]]></description>
      <dc:date>2013-06-12T13:34:23+00:00</dc:date>
    </item>

    <item>
      <title><![CDATA[No Dock at Access Easement]]></title>
      <link>http://www.varnumlaw.com/blogs/riparian-rights/no-dock-at-access-easement</link>
      <guid>http://www.varnumlaw.com/blogs/riparian-rights/no-dock-at-access-easement#When:17:51:45Z</guid>
      <description><![CDATA[<p>
	<img alt="" src="/files/images/blogs/On-Everything.jpg" style="width: 300px; height: 169px;" />
</p>
<p>
	Last fall I discussed a decision of the Michigan Court of Appeals in Krantz v Terrill, in "<a href="http://www.varnumlaw.com/blogs/riparian-rights/dock-permitted-at-access-easement-no-good-deed-goes-unpunished/">Dock Permitted at Access Easement &ndash; No Good Deed Goes Unpunished</a>."&nbsp; In that decision, the court of appeals permitted a dock to be maintained at an access easement based upon long standing use of a dock.
</p>
<p>
	On June 5, 2013, the Michigan Supreme Court vacated the portions of the court of appeals&#39; decision holding that the defendants had established a <a href="http://www.varnumlaw.com/riparian-rights-boundary-disputes/">prescriptive right</a> to erect a dock and moor boats to the dock at the end of the easement.&nbsp; You can review that order <a href="http://www.michbar.org/opinions/supreme/2013/060513/54777.pdf">here</a>.&nbsp; The Court explained that "hostile" use could not be tacked onto a period of permissive use to satisfy the 15 year period of adversity required for an adverse possession or prescriptive easement claim.
</p>
<p>
	Though I believe the Court made the correct decision, Krantz serves as a reminder of the lengths and expense often required to protect one&#39;s waterfront property rights.
</p>
]]></description>
      <dc:date>2013-06-11T17:51:45+00:00</dc:date>
    </item>

    <item>
      <title><![CDATA[Health Tax Hammers Small Business]]></title>
      <link>http://www.varnumlaw.com/blogs/growing-michigan/health-tax-hammers-small-business</link>
      <guid>http://www.varnumlaw.com/blogs/growing-michigan/health-tax-hammers-small-business#When:14:49:50Z</guid>
      <description><![CDATA[<p>
	A prominent member of the agriculture community wants to see part of the so-called Obamacare health care reform package thrown out, saying it will cause undue hardship on small business owners, notably farmers.
</p>
<p>
	The Health Insurance Tax, which targets a health insurance company&#39;s net premiums, will likely drive up prices&nbsp; for individuals and small businesses through increased premiums,&nbsp; complained New York Farm Bureau President and dairy owner Dean Norton.
</p>
<p>
	Norton, testifying May 9 before the House Small Business Subcommittee on Health and Technology,&nbsp; said rising insurance premiums has forced businesses to sharply reduce contributions to employee health plans. "We&#39;ve had to significantly change the cost structure from covering about 90 percent of the insurance cost to approximately 50 percent through a high deductible,&#39;&#39; Norton told the committee. "Unfortunately, the people who are really hurt by this change are the employees. They now have to contribute a larger portion of the expenses when they seek medical attention.&#39;&#39;
</p>
<p>
	Beginning in 2014, the health care law imposes a new tax on the health insurance policies that most small businesses purchase.
</p>
<p>
	The financial squeeze on small businesses is palpable, according to a 2012 survey of employer health benefits conducted by the Kaiser Family Foundation. Health insurance costs for small businesses have increased 103 percent since 2000, the survey reported.
</p>
<p>
	The Health Insurance Tax - part of&nbsp; the Patient Protection and Affordable Care Act, will hike family insurance premiums by $400, or 2.5 percent in 2016, making it even harder for farmers to purchase coverage, according to a report from the Joint Committee on Taxation.
</p>
<p>
	This is why Norton, the New York farmer, supports a bipartisan effort in the U.S. House to repeal the annual fee on health care providers. HR 763, introduced by Reps. Charles Boustany, R-La., and Jim Matheson, D-Utah, would also prevent increases in insurance premiums for individuals and small businesses in the fully insured health insurance marketplace.
</p>
<p>
	Norton told lawmakers most farmers and other small businesses do not self-insure because they do not have a large enough pool of employees, opting instead to purchase health insurance on the fully insured market.
</p>
<p>
	Because the smallest employers rarely self-insure, they&#39;ll be hardest hit by the Health Insurance Tax. The Kaiser Family Foundation survey reported that only 15 percent of the smallest employers self-insure.
</p>
]]></description>
      <dc:date>2013-06-11T14:49:50+00:00</dc:date>
    </item>

    <item>
      <title><![CDATA[New DTE Electric PPAs for Wind Energy]]></title>
      <link>http://www.varnumlaw.com/blogs/watts-new/new-dte-electric-ppas-for-wind-energy</link>
      <guid>http://www.varnumlaw.com/blogs/watts-new/new-dte-electric-ppas-for-wind-energy#When:13:04:20Z</guid>
      <description><![CDATA[<p>
	Two 20-year power purchase agreements (PPAs) between DTE Electric and Pheasant Run Wind, LLC and Pheasant Run Wind II, LLC received ex parte approval from the Michigan Public Service Commission (MPSC) on May 15, 2013. Each PPA is for 74.8 MW of wind energy for projects in Michigan&rsquo;s Thumb region. Also approved was an option agreement wherein DTE Electric can purchase the Pheasant Run Wind II project. This option expires on March 31, 2014. These contracts resulted from unsolicited proposals from Next Era Resources on a timetable which would qualify for production tax credit benefits. The price in each PPA is &ldquo;up to&rdquo; $49.25 per MW hour (4.925&cent; kWh). The average net capacity factor is estimated to be 43%. Geronimo Energy LLC attempted to intervene at the MPSC, arguing that its 100 MW Apple Blossom Wind Project in Huron County was a competing proposal that would pass through the same tax benefit. Its request that DTE Electric be made to undertake a competitive bidding process was rejected and its petition was denied.
</p>
]]></description>
      <dc:date>2013-06-11T13:04:20+00:00</dc:date>
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    <item>
      <title><![CDATA[GLREA Energy Fair Report]]></title>
      <link>http://www.varnumlaw.com/blogs/watts-new/glrea-energy-fair-report</link>
      <guid>http://www.varnumlaw.com/blogs/watts-new/glrea-energy-fair-report#When:16:25:46Z</guid>
      <description><![CDATA[<p>
	Saturday was my first visit to a <a href="http://www.glrea.org/">Great Lakes Renewable Energy Association</a> Energy Fair. It was a great time. Saw lots of friends, and it was fun to be amongst people who all advocating for green energy in Michigan, some of whom have been working at it for a long time.&nbsp;One of the more rewarding moments was watching the video highlighting some of the green energy projects in the state.&nbsp;
</p>
<p>
	<iframe allowfullscreen="" frameborder="0" height="315" src="http://www.youtube.com/embed/Ilzxs76c5Ck?rel=0" width="560"></iframe>
</p>
<p>
	The Mayor&#39;s Panel was particularly interesting.&nbsp; It demonstrated that slow but steady progress can been made toward integrating energy efficiency and green energy thoughts and ideas into communities when there is political leadership.&nbsp;Everyone in the room had to be envious of the Ann Arbor community.&nbsp; Highlight for me?&nbsp; Hearing that there is work being done on a bicycle assist device that uses a hydraulic mechanism to save the energy from braking and then will deliver that energy back to the wheels upon start up or to go up a hill.&nbsp; This aging bicyclist can use&nbsp;that kind of a boost.&nbsp; Next year the Energy Fair will be at the Ingham County Fairgrounds south of Lansing in Mason. The central location should boost attendance.
</p>
]]></description>
      <dc:date>2013-06-10T16:25:46+00:00</dc:date>
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    <item>
      <title><![CDATA[Days of Wine and Roses]]></title>
      <link>http://www.varnumlaw.com/blogs/food-for-thought/days-of-wine-and-roses</link>
      <guid>http://www.varnumlaw.com/blogs/food-for-thought/days-of-wine-and-roses#When:16:04:03Z</guid>
      <description><![CDATA[<p>
	Who&#39;s whining now?&nbsp;
</p>
<p>
	Certainly not some of Michigan&#39;s 60 small vineyard owners, who are a step closer to being able to hand out samples and sell wine at local farmers markets.
</p>
<p>
	Under legislation unanimously approved May 7 by the&nbsp; Michigan Senate, winemakers with annual production of up to 5,000 gallons will be able to sell wine outside the confines of their vineyards. Connoisseurs will be able to try before they buy - vineyards can provide up to three, two-ounce samples per customer.
</p>
<p>
	About 60 of Michigan&#39;s more than 100 winemakers will be eligible to participate, based on annual production. Some larger wine producers say the bill is unfair and exclusionary.
</p>
<p>
	The measure requires participating winemakers to pay a $25 permit fee at each farmers market they visit. Participation in local markets is also subject to approval from both the market and local law enforcement.
</p>
<p>
	The Michigan Farmers Market Association supports the change, saying it will help promote and expand argi-tourism in Michigan.&nbsp; Senate Bills 29 and 279 are now before the House Regulatory Committee.
</p>
<p>
	The bills&#39; sponsor, Sen. Geoff&nbsp; Hansen, R-Hart, contends the measure will help bolster Michigan&#39;s wine industry,&nbsp; which is "one of the strongest sectors of Michigan&#39;s economy.&#39;&#39;
</p>
<p>
	"We should give aspiring winemakers the opportunity to contribute to our state&#39;s economy and give people a Pure Michigan experience,&#39;&#39; he said in a posting on his website. "One way to do this is give them access to a venue that promotes their products to help them build a foundation for a long-term, profitable wine industry.&#39;&#39;
</p>
<p>
	If approved, the state Liquor Control Commission would be required to submit a report to House and Senate committees overseeing liquor control issues&nbsp; within two&nbsp; years of the bill&#39;s enactment. The report would assess the continued issuance of farmers market permits and provide date on the number of permit applications received each year and the number of permit applications approved. Also required would be a breakdown of the number of permits approved in each county.
</p>
]]></description>
      <dc:date>2013-06-10T16:04:03+00:00</dc:date>
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    <item>
      <title><![CDATA[Farm Bill Moves Forward But Remains in Doubt]]></title>
      <link>http://www.varnumlaw.com/blogs/growing-michigan/farm-bill-moves-forward-but-remains-in-doubt</link>
      <guid>http://www.varnumlaw.com/blogs/growing-michigan/farm-bill-moves-forward-but-remains-in-doubt#When:12:36:42Z</guid>
      <description><![CDATA[<p>
	Having passed the Senate Ag Committee, the Farm Bill moves to the floor this week with hopes of passage so the Senate can move on to another important issue for agriculture &ndash; immigration reform.&nbsp; Despite progress in the Senate, however, passage in the House remains in doubt.&nbsp; The House Ag Committee passed its version of the Bill on a 36-10 vote.&nbsp; But despite billions in cuts to food assistance programs, House Ag Committee Ranking member, Collin Peterson (D-MN), told a farm group "I think there is a possibility that we may not have the votes to pass this."&nbsp; The Bill is expected to reach the floor later this month.&nbsp; If that happens, Mr. Peterson predicts that farmers would have to wait two years for another try.
</p>
]]></description>
      <dc:date>2013-06-10T12:36:42+00:00</dc:date>
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