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ATTY GEN v. CON POWER CO.

Docket No. 135168.

202 Mich. App. 74 (1993)

508 N.W.2d 901

ATTORNEY GENERAL v. CONSUMERS POWER COMPANY

Michigan Court of Appeals.

Submitted on rehearing October 12, 1993.

Decided September 21, 1993, at 9:10 A.M.

Decided on rehearing October 14, 1993., at 9:00 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and A. Michael Leffler and Stanley F. Pruss, Assistant Attorneys General, for the plaintiff.

Honigman Miller Schwartz & Cohn (by Robert A. Fineman, Joseph M. Polito, and Daniel R. Perk), and Arunas T. Udrys, and John H. Flynn, for the defendants.

Amicus Curiae:

Mark Van Putten, for National Wildlife Federation, Michigan United Conservation Clubs, Wisconsin Wildlife Federation, Illinois Wildlife Federation, Indiana Wildlife Federation, Great Lakes Sport Fishing Council, and American Rivers.

Before: WEAVER, P.J., and McDONALD and NEFF, JJ.

ON REHEARING

PER CURIAM.

In 1969, the Federal Power Commission, now Federal Energy Regulatory Commission (FERC), granted defendants a license to construct and operate a hydroelectric plant on the shore of Lake Michigan, pursuant to the Federal Power Act (FPA), 16 USC 791a, et seq. On July 1, 1970, the State of Michigan executed a fifty year lease with defendants for ninety-eight acres of Lake Michigan bottom lands to accommodate construction of the...

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