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CITY OF ROMULUS v. DEPT. OF ENVIR. QUALITY

Docket No. 236673.

678 N.W.2d 444 (2003)

260 Mich. App. 54

CITY OF ROMULUS and City of Taylor, Petitioners-Appellants, and County of Wayne, Petitioner, v. MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY, Respondent-Appellee, and Environmental Disposal Systems, Inc., Intervening Respondent-Appellee.

Court of Appeals of Michigan.

Decided December 16, 2003, at 9:05 a.m.

Released for Publication March 5, 2004.

Attorney(s) appearing for the Case

Dykema Gossett, P.L.L.C. (by Marilyn A. Peters, Laura C. Baucus, and Mark D. Jacobs), Bloomfield Hills, for city of Romulus.

Dykema Gossett, P.L.L.C. (by Marilyn A. Peters and Laura C. Baucus) and Strobl, Cunningham, Caretti & Sharp, P.C. (by Neil S. Silver), Bloomfield Hills, for city of Taylor.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and James L. Stropkai, Assistant Attorney General, for Department of Environmental Quality.

Bill Colovos, Southgate, Warner Norcross & Judd, L.L.P. (by William Fulkerson, Robert J. Jonker, and Michael G. Brady), Grand Rapids, and Beier Howlett, P.C. (by Lawrence R. Ternan), Bloomfield Hills, for Environmental Disposal Systems, Inc.

Before: ZAHRA, P.J., and TALBOT and OWENS, JJ.

ZAHRA, P.J.

Appellee Environmental Disposal Systems, Inc. (EDS), submitted an application to respondent, the Michigan Department of Environmental Quality (DEQ), for a permit under Part 111 of the Natural Resources and Environmental Protection Act (NREPA), M.C.L. § 324.11101 et seq., authorizing the construction of a hazardous waste underground deep injection well facility on an undeveloped site that contained...

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