HOUSE BILL No. 5319

 

September 9, 2009, Introduced by Reps. Scripps, Roberts, Valentine, Geiss, Warren, Smith and Bledsoe and referred to the Committee on Great Lakes and Environment.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding part 4.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                   PART 4. PUBLIC TRUST RESOURCES

 

     Sec. 401. (1) The conservation and development of the natural

 

resources of the state are of paramount public concern in the

 

interest of the health, safety, and general welfare of the people,

 

and the air, water, and other natural resources of the state shall

 

be protected from pollution, impairment, and destruction.

 

     (2) The waters of the state, including groundwater, are held

 

in trust by the state. The state shall protect these waters and

 

other natural resources that are subject to the public trust for


 

the benefit of present and future generations.

 

     (3) The attorney general, on behalf of the state, or any other

 

person may maintain an action in the circuit court having

 

jurisdiction to enforce the public trust in the state's natural

 

resources, either alone or in conjunction with other provisions of

 

this act or other legal remedies that are appropriate. The circuit

 

court may apportion costs, including attorney fees, if the

 

interests of justice require.