Michael H. Perry, Fraser Trebilcock Davis and Dunlap P.C.
On July 2, 2013, Governor Snyder signed Senate Bill 163 into law as 2013 Public Act 98 (“PA 98″ or “Act”). The Act significantly amends Parts 301 (inland lakes and streams) and 303 (wetlands) of Michigan’s Natural Resources and Environmental Protection Act, MCL 324.101, et seq. PA 98 states that it is immediately effective. The United States Environmental Protection Agency (EPA”) may have a contrary view in light of the State of Michigan’s failure to obtain the EPA’s prior approval of PA 98. This article briefly describes the history of Michigan’s wetland protection program and the events of the past 15 years that led to the adoption of PA 98.  Read More