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DEQ v. WORTH TWP

Docket No. 289724.

808 N.W.2d 260 (2010)

289 Mich. App. 414

DEPARTMENT OF ENVIRONMENTAL QUALITY v. WORTH TOWNSHIP.

Court of Appeals of Michigan.

Decided August 17, 2010, at 9:00 a.m.

Attorney(s) appearing for the Case

Michael A. Cox , Attorney General, B. Eric Restuccia , Solicitor General, and Alan F. Hoffman , Assistant Attorney General, for the Department of Environmental Quality and the Director of the Department of Environmental Quality.

The Hubbard Law Firm, P.C., Lansing (by Michael G. Woodworth ), for Worth Township.

The Hubbard Law Firm, P.C., Lansing (by Mark T. Koerner and Peter A. Teholiz ), Amicus Curiae, for Citizens Voice for Property Owners, Inc.

Bauckham, Sparks, Lohrstorfer, Thall & Seeber, P.C., Kalamazoo (by John H. Bauckham ), Amicus Curiae, for the Michigan Townships Association.

Before: OWENS, P.J., and SAWYER and O'CONNELL, JJ.

SAWYER, J.

In this case, we are asked to determine whether Michigan's Natural Resources and Environmental Protection Act (NREPA) 1 empowers the Department of Environmental Quality to require a township to install a sanitary-sewerage system where there is a widespread failure of private septic systems resulting in contamination of lake waters. We hold that it does not.

Defendant is a common-law township in Sanilac County along the...

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