2013 Public Act 98 Significantly Changes Michigan’s Wetlands Protection Program

Michael H. Perry, Fraser Trebilcock Davis and Dunlap P.C.

Introduction

            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.[1]  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.[2]  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. [3] Continue reading 2013 Public Act 98 Significantly Changes Michigan’s Wetlands Protection Program

Is the Court playing politics with wastewater?

On April 25, 2011, in a case illustrating the partisan politics played in the Michigan Supreme Court, the Court issued a 4 to 3 decision to dismiss an environmental protection act case and vacate that Court’s December 2010 decision in the same matter on the ground that the case was “moot.”

Continue reading Is the Court playing politics with wastewater?