GLIN==> Michigan Supreme Court Lessens Environmental Protection

Michigan Supreme Court Plays Politics and Lessens Environmental Protection

For Immediate Release                                                

Contact:
Sara Gosman, NWF (734) 883-1729
Nick Schroeck, GLELC (313) 820-7797
Marc Smith, NWF (734) 887-7116

April 28, 2011

In December, 2010 the Michigan Supreme Court ruled in favor of Anglers of the AuSable that citizens  could file suit for harms caused to the environment by state agency action under the Michigan Environmental Protection Act (MEPA), as intended by the legislature.  The Court also ruled that companies do not have a property right to pollute.  This January two new Justices took their seats on the Court, changing the majority to four conservatives.  The two new Justices, without participating in the December decision in any way, joined the two conservatives who had dissented in December, and vacated the Anglers decision in an order issued April 25, 2011. 
 
The National Wildlife Federation and the Great Lakes Environmental Law Center filed an amicus (friend of the court) brief supporting the Anglers’ position.  The brief urged the Court to return to the Michigan Legislature’s intent in adopting MEPA and to protect streamside owners from polluting discharges. 

“This decision appears to be ideologically and politically driven by the new majority on the Court,” said Sara Gosman, Water Resources Attorney with the National Wildlife Federation. “The facts and circumstances of this case have not changed since last December. All that has changed is the majority of the Court, and two Justices who did not hear the argument or deliberate on the case have now voted to narrow environmental protection in the state.”

“The Michigan Constitution requires the Legislature to protect our environment,” said Nick Schroeck, Executive Director of the Great Lakes Environmental Law Center.  Back in the 1970’s the legislature passed MEPA to protect our air, water, natural resources, and public trust in those resources from pollution, harm, and impairment.  It is unfortunate that four Justices have limited the environmental protection laws passed by the legislature.”

“Michigan’s greatest asset is our natural resources. Our forests, lakes and shorelines deserve strong protections to make sure that they are used wisely so that future generations can enjoy and experience Michigan’s natural beauty,” said Marc Smith, Senior Policy Manager, National Wildlife Federation. 

The National Wildlife Federation is America’s conservation organization inspiring Americans to protect wildlife for our children’s future. For more information: http://www.nwf.org/greatlakes
 
Based in Detroit, the Great Lakes Environmental Law Center was founded to protect the world’s greatest freshwater resource and the communities that depend upon it. For more information please visit www.glelc.org.  


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Nick Schroeck

Executive Director
Great Lakes Environmental Law Center
440 Burroughs St. Box 70
Detroit, MI 48202
nschroeck at wayne.edu
(313)820-7797
www.glelc.org