HOUSE BILL No. 5544


     February 5, 1998, Introduced by Reps. Willard, Scott, Wallace, Bogardus, Freeman, Hale, Anthony, Gubow and Gire and referred to the Committee on Conservation, Environment and Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending sections 1701 and 1704 (MCL 324.1701 and 324.1704).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1701.  (1) The attorney general or any person may main-

 2    tain an action in the circuit court having jurisdiction where the

 3    alleged violation occurred or is likely to occur for declaratory

 4    and equitable relief AND DAMAGES AS PROVIDED IN SECTION 1704

 5    against any person for the protection of the air, water, and

 6    other natural resources and the public trust in these resources

 7    from pollution, impairment, or destruction.

 8         (2) In granting relief provided by subsection (1), if there

 9    is a standard for pollution or for an antipollution device or

10    procedure, fixed by rule or otherwise, by the state or an




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 1    instrumentality, agency, or political subdivision of the state,

 2    the court may:

 3         (a) Determine the validity, applicability, and reasonable-

 4    ness of the standard.

 5         (b) If a court finds a standard to be deficient, direct the

 6    adoption of a standard approved and specified by the court.

 7         Sec. 1704.  (1) The court may  grant  DO 1 OR MORE OF THE

 8    FOLLOWING THAT ARE REQUIRED TO PROTECT THE AIR, WATER, AND OTHER

 9    NATURAL RESOURCES OR THE PUBLIC TRUST IN THESE RESOURCES FROM

10    POLLUTION, IMPAIRMENT, OR DESTRUCTION:

11         (A) GRANT temporary and permanent equitable relief.  or may

12     impose 

13         (B) ASSESS DAMAGES AS PROVIDED IN SUBSECTION (5).

14         (C) IMPOSE conditions on the defendant.  that are required

15     to protect the air, water, and other natural resources or the

16     public trust in these resources from pollution, impairment, or

17     destruction. 

18         (2) If administrative, licensing, or other proceedings are

19    required or available to determine the legality of the

20    defendant's conduct, the court may direct the parties to seek

21    relief in such proceedings.  Proceedings described in this sub-

22    section shall be conducted in accordance with and subject to the

23    administrative procedures act of 1969,  Act No. 306 of the Public

24     Acts of 1969, being sections 24.201 to 24.328 of the Michigan

25     Compiled Laws  1969 PA 306, MCL 24.201 TO 24.328.  If the court

26    directs parties to seek relief as provided in this section, the

27    court may grant temporary equitable relief if necessary for the



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 1    protection of the air, water, and other natural resources or the

 2    public trust in these resources from pollution, impairment, or

 3    destruction.  In addition, the court retains jurisdiction of the

 4    action pending completion of the action to determine whether ade-

 5    quate protection from pollution, impairment, or destruction is

 6    afforded.

 7         (3) Upon completion of proceedings described in this sec-

 8    tion, the court shall adjudicate the impact of the defendant's

 9    conduct on the air, water, or other natural resources, and on the

10    public trust in these resources, in accordance with this part.

11    In adjudicating an action, the court may order that additional

12    evidence be taken to the extent necessary to protect the rights

13    recognized in this part.

14         (4) If judicial review of an administrative, licensing, or

15    other proceeding is available, notwithstanding the contrary pro-

16    visions of  Act No. 306 of the Public Acts of 1969  THE ADMINIS-

17    TRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO

18    24.328, pertaining to judicial review, the court originally

19    taking jurisdiction shall maintain jurisdiction for purposes of

20    judicial review.

21         (5) IN ADDITION TO ANY OTHER RELIEF GRANTED UNDER THIS ACT,

22    THE COURT MAY AWARD A PREVAILING PLAINTIFF REASONABLE ATTORNEY

23    FEES AND IF THE COURT DETERMINES THAT THE DEFENDANT ACTED IN BAD

24    FAITH, THE COURT MAY ORDER THE DEFENDANT TO PAY EXEMPLARY DAMAGES

25    OR DAMAGES IN AN AMOUNT EQUAL TO 3 TIMES THE ACTUAL DAMAGES

26    INCURRED.





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