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E-M:/ RE: MEPA Access



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Enviro-Mich message from "Michigan Waste Report" <miwaste@centuryinter.net>
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Todd,

	You can access MEPA, which is PART 17 of NREPA here section by section
<http://www.lawsite.com/organization/mienv/ACT/Sec1701.html> OR you can
access it here <http://www.voyager.net/miconservation/nrepa/part17.htm>.

	What follows is the complete text -- it's quite short.

Jeff
=================================================================
Environmental News & Information For 18 Years
Waste Information & Management Services, Inc.
Publishers of Michigan Waste Report
Jeff Dauphin, President
18286 Timberline Drive
Thompsonville, MI 49683-9586
Phone: 616-378-4400, Fax: 616-378-4500
URL: http://www.lawsite.com/MWR/wimshome.html
E-Mail: mailto:miwaste@centuryinter.net
A COPYRIGHTED SERVICE.
PERMISSION IS GRANTED FOR INTERNAL OFFICE DISTRIBUTION ONLY.
=================================================================
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The People of the State of Michigan enact:

ARTICLE I GENERAL PROVISIONS

PART 17 MICHIGAN ENVIRONMENTAL PROTECTION ACT

324.1701 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: 1994, Act 451, Eff. Mar. 30, 1995.

324.1702 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: 1994, Act 451, Eff. Mar. 30, 1995.

324.1703 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: 1994, Act 451, Eff. Mar. 30, 1995.

324.1704 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: 1994, Act 451, Eff. Mar. 30, 1995.

324.1705 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: 1994, Act 451, Eff. Mar. 30, 1995.

324.1706 Part as supplement.

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

History: 1994, Act 451, Eff. Mar. 30, 1995.



=================================================================
Environmental News & Information For 18 Years
Waste Information & Management Services, Inc.
Publishers of Michigan Waste Report
Jeff Dauphin, President
18286 Timberline Drive
Thompsonville, MI 49683-9586
Phone: 616-378-4400, Fax: 616-378-4500
URL: http://www.lawsite.com/MWR/wimshome.html
E-Mail: mailto:miwaste@centuryinter.net
A COPYRIGHTED SERVICE.
PERMISSION IS GRANTED FOR INTERNAL OFFICE DISTRIBUTION ONLY.
=================================================================

-----Original Message-----
From: owner-enviro-mich@great-lakes.net
[mailto:owner-enviro-mich@great-lakes.net]On Behalf Of Todd Scott
Sent: Wednesday, December 30, 1998 9:31 AM
To: Enviro-Mich (E-mail)
Subject:


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Enviro-Mich message from "Todd Scott" <bikerboy@mich.com>
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I am trying to locate the text of the MEPA law, preferably on line.

Thanks in advance.

Todd Scott
Royal Oak, Michigan
tscott@luckyfish.com



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==============================================================
ENVIRO-MICH:  Internet List and Forum for Michigan Environmental
and Conservation Issues and Michigan-based Citizen Action.   Archives at
http://www.great-lakes.net/lists/enviro-mich/

Postings to:  enviro-mich@great-lakes.net      For info, send email to
majordomo@great-lakes.net  with a one-line message body of  "info enviro-mich"
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