MICH. CITIZENS FOR WATER CONSERVATION v. NESTLÉ WATERS N.AM. INC.

Docket Nos. 130802, 130803.

737 N.W.2d 447 (2007)

MICHIGAN CITIZENS FOR WATER CONSERVATION, R.J. Doyle, Barbara Doyle, Jeffrey R. Sapp, and Shelly M. Sapp, Plaintiffs-Appellants/Cross-Appellees, v. NESTLÉ WATERS NORTH AMERICA INC., Defendant-Appellee/Cross-Appellant, and Donald Patrick BOLLMAN and Nancy Gale Bollman, also known as Pat Bollman Enterprises, Defendants.

Supreme Court of Michigan.

July 25, 2007.


Attorney(s) appearing for the Case

Olson, Bzdok & Howard, P.C. (by James M. Olson, Christopher M. Bzdok, and Scott W. Howard), and Chris A. Shafer, Traverse City, Lansing, for the plaintiffs.

Mika Meyers Beckett & Jones P.L.C. (by John M. DeVries and Fredric N. Goldberg), Warner Norcross & Judd L.L.P. (by Eugene E. Smary and Robert J. Jonker), Kilpatrick Stockton L.L.P. (by David M. Zacks and Adam H. Charnes), and Porteous Law Office, P.C. (by David L. Porteous), Grand Rapids; Grand Rapids; Atlanta, GA; Reed City, for Nestlé Waters North America Inc.

Neil S. Kagan, Ann Arbor, for amici curiae National Wildlife Federation, Michigan United Conservation Clubs, Tip of the Mitt Watershed Council, Pickerel-Crooked Lakes Association, and Burt Lake Preservation Association.

Honigman Miller Schwartz and Cohn L.L.P. (by John D. Pirich, Timothy Sawyer Knowlton, and Brian T. Quinn), Lansing, for amici curiae the Michigan Chamber of Commerce.

Clark Hill P.L.C. (by Fritz R. Damm, David D. Grande-Cassell, and Kristin B. Bellar), Detroit, for amici curiae the Michigan Manufacturers Association.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Sara R. Gosman, S. Peter Manning, and Harold J. Martin, Assistant Attorneys General, for amici curiae the Michigan Department of Environmental Quality.

Law, Weathers & Richardson, P.C. (by Clifford H. Bloom), Grand Rapids, for amici curiae Michigan Lake & Stream Associations, Inc.


YOUNG, J.

The sole question presented in this case is whether plaintiffs have standing to bring a claim under the Michigan Environmental Protection Act (MEPA)1 as that claim relates to certain streams, lakes, and wetlands in Mecosta County.

In Nat'l Wildlife Federation v. Cleveland Cliffs Iron Co.,2 we noted that "`environmental plaintiffs adequately allege injury in fact when they aver that...

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