MICHIGAN STATUTES ANNOTATED
Copyright 1999, LEXIS Law Publishing, a division of Reed Elsevier, Inc.
All rights reserved.
*** THIS DOCUMENT IS CURRENT THROUGH 1999 CH. 10, 3/26/99 ***
Title 13A
1701   1702   1703   1704    1705   1706

TITLE 13A  NATURAL RESOURCES AND THE ENVIRONMENT
CHAPTER 110B.  NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
ARTICLE I.  GENERAL PROVISIONS
 PART 17.  MICHIGAN ENVIRONMENTAL PROTECTION ACT
MCL § 324.1701 (1999)
MSA § 13A.1701 (1999)

 
§ 13A.1701.    Actions for declaratory and equitable relief for environmental protection; parties; standards; judicial action.

    Sec. 1701. (1) The attorney general or any person may maintain an action in the circuit court having jurisdiction where the alleged violation occurred or is likely to occur for declaratory and equitable relief against any person for the protection of the air, water, and other natural resources and the public trust in these resources from pollution, impairment, or destruction.

   (2) In granting relief provided by subsection (1), if there is a standard for pollution or for an antipollution device or procedure, fixed by rule or otherwise, by the state or an instrumentality, agency, or political subdivision of the state, the court may:

   (a) Determine the validity, applicability, and reasonableness of the standard.

   (b) If a court finds a standard to be deficient, direct the adoption of a standard approved and specified by the court.

 
HISTORY: Act 451, 1994, p 2215; eff March 30, 1995.

 Pub Acts 1994, No. 451, § 1701, eff 90 days from end of 1994 legislative session (see Mich. Const. note below).

 
Editor's notes:

   Michigan Constitution, Art. IV, § 27, provides:

   "No act shall take effect until the expiration of 90 days from the end of the session at which it was passed, but the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house."

 INTERPRETIVE NOTES AND DECISIONS

    A prima facie case under the Michigan Environmental Protection Act (MEPA) can be established by proving violations of the Soil Erosion and Sedimentation Control Act (SESCA); the major purposes of SESCA are to protect water and soil through the prevention and control of erosion and sedimentation, and where the purpose of a statute used as a pollution control standard is to protect our natural resources or to prevent pollution and environmental degradation, a violation of such statute can establish a prima facie case under MEPA. Nemeth v Abonmarche Dev. (1998) 457 Mich 16, 576 NW2d 641.

   To determine whether a plaintiff in an action for injunctive relief under the Michigan Environmental Protection Act has established a prima facie case, the trial court must determine whether a natural resource is involved and whether the effect of the challenged activity on the environment rises to the level of impairment that would justify the court's injunction. Attorney Gen. ex rel. Department of Natural Resources v Huron County Rd. Comm'n (1995) 212 Mich App 510, 538 NW2d 68, app den 451 Mich 909, 550 NW2d 525.

   Not-for-profit citizens' group, previously denied request for temporary restraining order to halt construction of wastewater treatment facility based in part on allegation of noncompliance with Michigan Environmental Protection Act (MEPA), was denied preliminary injunction on grounds that it failed to establish prima facie case under MEPA because potential environmental impact was minimal compared to benefits from construction of facility. Pure Waters v Michigan Dep't of Natural Resources (1995, ED Mich) 883 F Supp 199, 25 ELR 21369, affd (CA6 Mich) 82 F3d 418, reported in full (CA6 Mich) 1996 US App LEXIS 12466 and cert den (US) 65 USLW 3261.

   Defendant's motion for summary judgment in action to recover damages for investigation and clean up costs for environmentally contaminated property was granted in part based on three year limitations period and finding that under state law discovery rule governs date of accrual of claims for injury to property caused by environmental contamination, that plaintiffs' common law causes of action accrued when plaintiff discovered or, through exercise of reasonable diligence, should have discovered claimed injury, and that plaintiffs' action was not timely under applicable standard. Presque Isle Harbor Dev. Co. v Dow Chem. Co. (1995, WD Mich) 875 F Supp 1312, 40 Envt Rep Cas 1551, 26 ELR 20164.

   Plaintiff's allegation that city's environmental study and finding of no significant impact failed to satisfy requirements of National Environmental Protection Act and Michigan Environmental Protection Act and failed to comply with state and federal water quality standards under Clean Water Act and National Pollution Discharge Elimination System permit did not warrant issuance of temporary restraining order because plaintiff could not show irreparable harm, likelihood of success on merits, or possible injury to public interest. Pure Waters v Michigan Dep't of Natural Resources (1994, ED Mich) 873 F Supp 41, 25 ELR 20804, injunction den (ED Mich) 883 F Supp 199, 25 ELR 21369, affd (CA6 Mich) 82 F3d 418, reported in full (CA6 Mich) 1996 US App LEXIS 12466 and cert den (US) 65 USLW 3261.

 


TITLE 13A  NATURAL RESOURCES AND THE ENVIRONMENT
CHAPTER 110B.  NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
ARTICLE I.  GENERAL PROVISIONS
PART 17.  MICHIGAN ENVIRONMENTAL PROTECTION ACT
MCL § 324.1702 (1999)
MSA § 13A.1702 (1999)

 § 13A.1702.    Payment of costs or judgment; posting surety bond or cash; amount.

   Sec. 1702. If the court has reasonable grounds to doubt the solvency of the plaintiff or the plaintiff's ability to pay any cost or judgment that might be rendered against him or her in an action brought under this part, the court may order the plaintiff to post a surety bond or cash in an amount of not more than $500.00.

HISTORY: Act 451, 1994, p 2215; eff March 30, 1995.

Pub Acts 1994, No. 451, § 1702, eff 90 days from end of 1994 legislative session (see Mich. Const. note below).

Editor's notes:

   Michigan Constitution, Art. IV, § 27, provides:

   "No act shall take effect until the expiration of 90 days from the end of the session at which it was passed, but the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house."

 


TITLE 13A  NATURAL RESOURCES AND THE ENVIRONMENT
CHAPTER 110B.  NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
 ARTICLE I.  GENERAL PROVISIONS
PART 17.  MICHIGAN ENVIRONMENTAL PROTECTION ACT
MCL § 324.1703 (1999)
MSA § 13A.1703 (1999)

§ 13A.1703.    Rebuttal evidence; affirmative defense; burden of proof; referee; costs.

    Sec. 1703. (1) When the plaintiff in the action has made a prima facie showing that the conduct of the defendant has polluted, impaired, or destroyed or is likely to pollute, impair, or destroy the air, water, or other natural resources or the public trust in these resources, the defendant may rebut the prima facie showing by the submission of evidence to the contrary. The defendant may also show, by way of an affirmative defense, that there is no feasible and prudent alternative to defendant's conduct and that his or her conduct is consistent with the promotion of the public health, safety, and welfare in light of the state's paramount concern for the protection of its natural resources from pollution, impairment, or destruction. Except as to the affirmative defense, the principles of burden of proof and weight of the evidence generally applicable in civil actions in the circuit courts apply to actions brought under this part.

   (2) The court may appoint a master or referee, who shall be a disinterested person and technically qualified, to take testimony and make a record and a report of his or her findings to the court in the action.

   (3) Costs may be apportioned to the parties if the interests of justice require.

 
HISTORY: Act 451, 1994, p 2215; eff March 30, 1995.

 Pub Acts 1994, No. 451, § 1703, eff 90 days from end of 1994 legislative session (see Mich. Const. note below).

 Editor's notes:

   Michigan Constitution, Art. IV, § 27, provides:

   "No act shall take effect until the expiration of 90 days from the end of the session at which it was passed, but the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house."

 INTERPRETIVE NOTES AND DECISIONS

    The Michigan Environmental Protection Act does not authorize or permit an award of attorney fees as part of the costs that may be awarded in actions brought under the act. Platte Lake Improvement Ass'n v Department of Natural Resources (1996) 218 Mich App 424, 554 NW2d 342, app den, motion gr (1997) 456 Mich 868.

   Subsection 1703(3) of the Michigan Environmental Protection Act authorizes the recovery of costs but not the recovery of attorney fees. Model Laundries & Dry Cleaners v Amoco Corp. (1996) 216 Mich App 1, 548 NW2d 242.

 


TITLE 13A  NATURAL RESOURCES AND THE ENVIRONMENT
 CHAPTER 110B.  NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
 ARTICLE I.  GENERAL PROVISIONS
 PART 17.  MICHIGAN ENVIRONMENTAL PROTECTION ACT
MCL § 324.1704 (1999)
MSA § 13A.1704 (1999)

§ 13A.1704.    Granting of relief; administrative, licensing, or other proceedings; adjudication; judicial review.

   Sec. 1704. (1) The court may grant temporary and permanent equitable relief or may impose conditions on the defendant that are required to protect the air, water, and other natural resources or the public trust in these resources from pollution, impairment, or destruction.

   (2) If administrative, licensing, or other proceedings are required or available to determine the legality of the defendant's conduct, the court may direct the parties to seek relief in such proceedings. Proceedings described in this subsection shall be conducted in accordance with and subject to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws. If the court directs parties to seek relief as provided in this section, the court may grant temporary equitable relief if necessary for the protection of the air, water, and other natural resources or the public trust in these resources from pollution, impairment, or destruction. In addition, the court retains jurisdiction of the action pending completion of the action to determine whether adequate protection from pollution, impairment, or destruction is afforded.

   (3) Upon completion of proceedings described in this section, the court shall adjudicate the impact of the defendant's conduct on the air, water, or other natural resources, and on the public trust in these resources, in accordance with this part. In adjudicating an action, the court may order that additional evidence be taken to the extent necessary to protect the rights recognized in this part.

   (4) If judicial review of an administrative, licensing, or other proceeding is available, notwithstanding the contrary provisions of Act No. 306 of the Public Acts of 1969 pertaining to judicial review, the court originally taking jurisdiction shall maintain jurisdiction for purposes of judicial review.

HISTORY: Act 451, 1994, p 2215; eff March 30, 1995.

Pub Acts 1994, No. 451, § 1704, eff 90 days from end of 1994 legislative session (see Mich. Const. note below).

Editor's notes:

   Michigan Constitution, Art. IV, § 27, provides:

   "No act shall take effect until the expiration of 90 days from the end of the session at which it was passed, but the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house."Statutory references:

   Act No. 306 of 1969, above referred to, is § 3.560(101) et seq.

 


TITLE 13A  NATURAL RESOURCES AND THE ENVIRONMENT
CHAPTER 110B.  NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
ARTICLE I.  GENERAL PROVISIONS
PART 17.  MICHIGAN ENVIRONMENTAL PROTECTION ACT
MCL § 324.1705 (1999)
MSA § 13A.1705 (1999)

 § 13A.1705.    Administrative, licensing, or other proceedings; intervenors; determinations; doctrines applicable.

    Sec. 1705. (1) If administrative, licensing, or other proceedings and judicial review of such proceedings are available by law, the agency or the court may permit the attorney general or any other person to intervene as a party on the filing of a pleading asserting that the proceeding or action for judicial review involves conduct that has, or is likely to have, the effect of polluting, impairing, or destroying the air, water, or other natural resources or the public trust in these resources.

   (2) In administrative, licensing, or other proceedings, and in any judicial review of such a proceeding, the alleged pollution, impairment, or destruction of the air, water, or other natural resources, or the public trust in these resources, shall be determined, and conduct shall not be authorized or approved that has or is likely to have such an effect if there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare.

   (3) The doctrines of collateral estoppel and res judicata may be applied by the court to prevent multiplicity of suits.

 
HISTORY: Act 451, 1994, p 2215; eff March 30, 1995.

Pub Acts 1994, No. 451, § 1705, eff 90 days from end of 1994 legislative session (see Mich. Const. note below).

Editor's notes:

   Michigan Constitution, Art. IV, § 27, provides:

   "No act shall take effect until the expiration of 90 days from the end of the session at which it was passed, but the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house."

INTERPRETIVE NOTES AND DECISIONS

    Conduct alleged to constitute impairment or destruction of natural resources should not be allowed by a court where there is a feasible and prudent alternative that is consistent with the reasonable requirements of the public health, safety, and welfare. Friends of Crystal River v Kuras Props. (1996) 218 Mich App 457, 554 NW2d 328.

 

TITLE 13A  NATURAL RESOURCES AND THE ENVIRONMENT
CHAPTER 110B.  NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION
ARTICLE I.  GENERAL PROVISIONS
PART 17.  MICHIGAN ENVIRONMENTAL PROTECTION ACT
MCL § 324.1706 (1999)
MSA § 13A.1706 (1999)

§ 13A.1706.    Part as supplement.

   Sec. 1706. This part is supplementary to existing administrative and regulatory procedures provided by law.

HISTORY: Act 451, 1994, p 2215; eff March 30, 1995.

Pub Acts 1994, No. 451, § 1706, eff 90 days from end of 1994 legislative session (see Mich. Const. note below).

Editor's notes:

   Michigan Constitution, Art. IV, § 27, provides:

   "No act shall take effect until the expiration of 90 days from the end of the session at which it was passed, but the legislature may give immediate effect to acts by a two-thirds vote of the members elected to and serving in each house."