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NAT. WILDLIFE FED. v. CLEVELAND CLIFFS IRON CO.

Docket No. 121890. Calendar No. 5.

684 N.W.2d 800 (2004)

471 Mich. 608

NATIONAL WILDLIFE FEDERATION & Upper Peninsula Wildlife Council, Plaintiffs-Appellees, v. CLEVELAND CLIFFS IRON COMPANY & Empire Iron Mining Partnership, Defendants-Appellants, and Michigan Department of Environmental Quality, and Russell J. Harding, Director Of the Michigan Department of Environmental Quality, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 30, 2004.

Attorney(s) appearing for the Case

F. Michelle Halley, Marquette, MI, and Neil S. Kagan, Ann Arbor, MI, (Jane Reyer, of counsel), Grand Marais, MN, for the plaintiffs.

Plunkett & Cooney, P.C. (by Mary Massaron Ross and Karl A. Weber), Detroit, MI, for defendants The Cleveland Cliffs Iron Company and Empire Iron Mining Partnership.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Harold J. Martin, Assistant Attorney General, Escanaba, MI, for defendant Department of Environmental Quality.

Joseph L. Sax, San Francisco, CA, in support of the plaintiffs-appellees.

John F. Rohe, Petoskey, MI, for Camp Quality Michigan.

Ellen J. Kohler, Traverse City, MI, for the Tip of the Mitt Watershed Council.

Olson, Bzdok & Howard, P.C. (by James M. Olson and Scott W. Howard), Traverse City, MI, for William G. Milliken, League of Women's Voters, etc.

Opinion

MARKMAN, J.

This case presents the question of whether plaintiffs have standing to bring a suit on behalf of their members under the Michigan Environmental Protection Act (MEPA), MCL 324.1701 et seq. We conclude that, under the particular circumstances of this case, plaintiffs have standing. We affirm the decision of the Court of Appeals and remand this case to the trial court for further proceedings.

I. BACKGROUND

Defendant...

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