Boston University School of Law, J.D. 1998
Boston University School of Public Health, M.P.H. 1998
Michigan State University, B.A. 1994
U.S. Supreme Court
U.S. Court of Appeals
- Sixth Circuit
U.S. District Courts
- Eastern District of Michigan
- Western District of Michigan
Shoshie Levine specializes in environmental permitting, litigation, and land use issues, including complex problems involving overlapping federal and state jurisdiction.
She has handled cases involving all environmental media, with substantial work in matters involving environmental cleanups, due diligence, wetlands and waters, and natural resource issues. Her work involves a variety of federal, state, and local regulatory agencies, including EPA, the US Army Corps of Engineers, the Michigan Department of Environmental Quality, the Michigan Department of Natural Resources, the Michigan Department of Agriculture, county Drain Commissioners, and county planning and zoning departments.
She regularly practices Native American law, having represented federally recognized Indian tribes in a variety of matters related to their internal governance, operations, and enterprises. She was appointed a Special Assistant Attorney General for the State of Michigan to handle an Indian tax case on behalf of the state, and has also advised individuals, businesses, and public entities with transactions and other concerns involving tribes and tribal members. Because of the important roles Native American tribes play in issues involving the environment and natural resources, her environmental and Native American law practices can overlap.
Her broader regulatory practice includes litigation and administrative work related to all lawful forms of gaming in Michigan (casino, lottery, and horse racing), liquor law, insurance regulation, and licensed health-care professionals. She also has substantial appellate experience.
Represented company in RCRA groundwater cleanup under state oversight. Challenged non-binding state groundwater criterion, addressed private property access issues, and developed compliance plan to help client avoid penalties for notice of violation. Worked with client and technical consultants to identify and rule out exposure pathways, develop institutional controls, and negotiate with regulators for terms of NPDES permit and long-term remedial goals.
Defended company in lawsuit involving groundwater contamination brought by private parties under common law and statutory theories.
Represents electric utility a major power plant construction project in ongoing effort to obtain multiple local, state, federal permits involving wetlands, floodplains, private and county drains, flood plains, endangered and threatened species, and navigable waters. Work also involves extensive wetland and stream mitigation issues, landfill license, federal agency consultation with Native American tribe, and NEPA issues.
Negotiated agreement between supplier and facility for charity poker room. Provided advice to multiple nonprofit organizations regarding qualifying to offer charitable gaming and steps for obtaining license to do so.
Represents company in +$100 million cleanup of Great Lakes site under CERCLA, Part 201, and Part 31. Negotiations with state and federal regulators concerning investigation and remedies, spill incidents, and permitting (NPDES, injection well, groundwater discharge, water withdrawal).
Represents a municipality in ongoing CERCLA cleanup of landfill impacts to groundwater and surface water. Developed institutional controls plan. Worked with client, technical consultants, and EPA regarding groundwater investigation, monitored natural attenuation remedy, pilot study of remedy change, and amending the record of decision.
Represented municipality in ongoing city-wide corrective action under RCRA and Part 111 conducted by a third party. Advised client regarding roles as a stakeholder, property owner, and representative of citizens. Represented client in relation to CERCLA information request from EPA.
Represented public entity in multi-party landfill litigation instituted by state under former strict liability laws. Successfully settled case for fair share of total judgment without further cleanup obligations.
Represents company in connection with threat of enforcement involving pesticide application.
Represented individual alleged to have violated the Natural Rivers Act, as well as state wetlands and water laws. Negotiated settlement with state and obtained after-the-fact permits to allow project to be completed. Provided advice regarding constructing artificial ponds and water withdrawal.
Represented municipal utility in connection with permit compliance and reporting to avoid enforcement.
Assisted client in working with EPA and US Fish and Wildlife Service to obtain finding of no significant impact (FONSI) for development project that allowed project to proceed.
Provided advice regarding standing of tribes and wholly-owned tribal entities incorporated under tribal law to bring actions under federal remedial laws. Provided advice to non-Indian businesses regarding the need to obtain limited waivers of sovereign immunity, pledge of assets, and necessary tribal approvals to allow for enforcement of agreements.
Provided advice to tribes regarding federal recognition process. Provided advice regarding tribal member claims for utility tax exemptions from businesses collecting taxes for state.
Provided advice to state regarding renegotiation of tribal gaming compact to address payment setoff and exclusivity issues.
Provided advice to public entity regarding requirements of federal consent judgment establishing Indian Country and gaming rights for tribe and negotiations regarding tribal setoffs of payments under the consent judgment.
Provided advice to tribe regarding broad array of internal governance, business, and other issues. Represented tribe in litigation and related matters.
Provide general counsel representation to statewide associations of limited license health professionals. Work involves insurance scope and coverage issues under state insurance laws, advice on pending legislation, organizational governance and business issues, and advice on issues of interest to membership.
Provide general counsel representation on regulatory matters involving horse racing, purse pools, simulcasting, video lottery terminals, instant horse racing, negotiations with certified horsemen’s organizations, amendments to horse racing laws and administrative rules, overlap of client interests with other areas of gaming regulation, and the scope of Article 4, section 41 of Michigan Constitution on gaming and illegal lottery. Work with Office of Racing Commissioner and Michigan Gaming Control Board on behalf of client.
Represented non-Indian casino on multiple matters.
Advice to clients regarding the scope of Article 4, section 41 of Michigan Constitution on gaming and illegal lottery.
Advice to media outlet regarding compliance with limited exceptions in criminal laws regarding business promotions that would otherwise be illegal lotteries.
Reported and Published Decisions
Keweenaw Bay Indian Community v Rising, 569 F3d 589 (CA 6, 2009) – Successfully defended suit in federal court by tribe concerning federal immunities from state taxation in Indian country under federal law and treaties. Case also involved novel theories of recovery under former state-tribe tax compact and tribal standing in parens patriae capacity under section 1983.
Wolverine Power Supply Cooperative, Inc v Department of Environmental Quality, 285 Mich App 548; 771 NW2d 1 (2009) – Obtained appellate decision affirming trial court’s decision declaring that state administrative rule governing third party challenges to air emissions permits was invalid under statutory delegation of authority to state environmental agency.
Walters v Nadell, 481 Mich 377; 751 NW2d 431 (2008) – Obtained reversal of two erroneous lower court interpretations of the tolling provision in the United States Services Members Civil Relief Act in a case involving defendant’s enlistment in armed services that prevents timely service of process.
Midland Cogeneration Venture, Ltd v Department of Environmental Quality, unpublished per curiam opinion of the Court of Appeals (Docket No. 282716, July 8, 2008) – Obtained reversal of erroneous decision to grant writ of mandamus to participate in a national cap and trade air regulatory program that would have resulted in a windfall transfer of emissions credits to other program participant.
Michigan Chiropractic Council v Commissioner of Office of Financial and Ins Services, 475 Mich 363; 716 NW2d 561 (2006) – Decision involving no-fault automobile act created new state standard for associational standing.
Cowsert v Greektown Casino, unpublished per curiam opinion of the Court of Appeals (Docket No. 260496, July 12, 2005) – Obtained favorable decision concerning administrative remedies following challenge to invalid slot machine payout.
Attorney General v ALB Corp, unpublished order of the Court of Appeals (Docket No. 258774, November 5, 2004) – Obtained rare appellate order granting peremptory reversal of trial court’s order compelling immediate trial without discovery in multi-defendant landfill remediation case. Ultimately negotiated favorable settlement for client that required principal defendant that operated landfill to pay majority of costs.
County of Wayne v Hathcock, 471 Mich 445; 684 NW2d 765 (2004) – Represented amicus curiae in landmark eminent domain case regarding the public purpose requirements of the Michigan constitution.
Taxpayers of Michigan v State of Michigan, 471 Mich 306; 685 NW2d 221 (2004) – Represented amicus curiae tribe in case involving the proper process for approving state-tribal gaming compacts.
Kreiner v Fischer, 471 Mich 109; 683 NW2d 611 (2004) – Represented amicus curiae in significant automobile no-fault case that was recently reversed in favor of position taken in amicus brief.
Joseph K. Lumsden Bahweting Public School Academy v Sault Ste. Mare Tribe of Chippewa Indians,unpublished decision of the Court of Appeals (Docket No. 252293, 2004) – Successfully defended suit in state court by former tribal school against tribe on sovereign immunity grounds. Case involved questions of waiver and scope of waiver of immunity and the disposition of tribal property.
Boston University School of Law, Paul J. Liacos Scholar; Certificate in Health Law
Michigan State University, with honors
Michigan Super Lawyers, Environmental, Rising Star 2008-present
American Bar Association, Section of Environment, Energy, and Resources
State Bar of Michigan, Environmental Section
Ingham County Bar Association
Air and Waste Management Association, East and West Michigan Chapters
Inforum, Founding Member of Mid-Michigan Chapter
National Association of Women Lawyers, Member and Young Lawyer Mentor
"Condemnation as a Tool of Brownfield Redevelopment after Hathcock," (Coauthor Polly A. Synk), Michigan Bar Journal, November 2005
"Access to Chiropractic: Every Patient's Right, Part I," (Co-author Kevin J. Moody), Michigan Chiropractic Journal, July 2003
"The National Vaccine Injury Compensation Program: Can It Still Protect an Essential Technology?" 4 B.U.J. Sci.& Tech. L.9 (1998)