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No. 121890
| National Wildlife Federation and Upper |
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F. Michelle Halley (906) 361-0520 |
| Peninsula Environmental Coalition, |
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Neil S. Kagen (734) 769-3351 |
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Plaintiffs-Appellees, |
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(Appeal from Ct of Appeals) |
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(Marquette -- Hood, G.) |
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| Cleveland Cliffs Iron Company and |
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Mary Massaron Ross (313) 983-4801 |
| Empire Iron Mining Partnership, |
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Karl A. Weber |
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Defendants-Appellants, |
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| and |
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| Michigan Department of Environmental |
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Harold J. Martin (906) 786-0169 |
Quality and Russell J. Harding, |
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Defendants-Appellees. |
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| ___________________________________ |
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Click to view briefs in Adobe format:
Plaintiffs-Appellees' Brief on Appeal>>
Defendants-Appellants' Brief on Appeal>>
Defendants-Appellants' Reply Brief>>
Defendants-Appellees' Brief on Appeal>>
Defendants-Appellees' Errata>>
Camp Quality Michigan's Amicus Curiae Brief>>
Joseph L. Sax's Amicus Curiae Brief>>
Tip of the Mitt Watershed Council's Amicus Curiae Brief>>
William G. Milliken, League of Women's Voters', et al, Amici Curiae Brief>>
Background
Cleveland Cliffs Iron Company and Empire Iron Mining Partnership own the Empire Mine, an iron ore mine located in Marquette County . The Empire Mine owners applied to the Michigan Department of Environmental Quality (DEQ) for a permit to expand the mine. The expansion would include filling in some wetlands and streams with mining waste. Ultimately, the DEQ issued the required permits. The National Wildlife Federation and the Upper Peninsula Environmental Coalition sued the Empire Mine owners and the DEQ under the Michigan Environmental Protection Act (MEPA), MCL 324.1701 et seq . The plaintiffs argued that granting the permit would cause pollution, impairment, or destruction of natural resources. The circuit court dismissed the case, stating that the plaintiffs lacked standing to bring the suit because they do not have a personal stake in the outcome of the lawsuit and had not demonstrated that they would be injured directly. The Court of Appeals reversed in an unpublished per curiam opinion. The plaintiffs had standing under MEPA, the Court of Appeals ruled, under Section 1701(1) of MEPA, which provides: "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." The Empire Mine owners appeal. The DEQ agrees with the plaintiffs that MEPA gives them standing to bring the lawsuit.
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