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ANGLERS v. DEPT. OF ENVIRONMENTAL QUALITY

Docket Nos. 138863, 138864, 138865, 138866.

793 N.W.2d 596 (2010)

488 Mich. 69

ANGLERS OF THE AuSABLE, INC., Mayer Family Investments, LLC, and Nancy A. Forcier Trust, Plaintiffs-Appellants, v. DEPARTMENT OF ENVIRONMENTAL QUALITY, Director of the Department of Environmental Quality, and Merit Energy Company, Defendants-Appellees.

Supreme Court of Michigan.

December 29, 2010.

Attorney(s) appearing for the Case

Olson, Bzdok & Howard, P.C. (by James M. Olson , Jeffrey L. Jocks , and Thomas A. Baird ), Traverse City, for Anglers of the AuSable, Inc.

Topp Law Office (by Susan Hlywa Topp ), Gaylord, for Mayer Family Investments and Nancy A. Forcier Trust.

Michael A. Cox , Attorney General, B. Eric Restuccia , Solicitor General, S. Peter Manning , Neil D. Gordon , and Darryl J. Paquette , Assistant Attorneys General, for the Department of Natural Resources and Environment.

Foster, Swift, Collins & Smith, P.C. (by Charles E. Barbieri and Zachary W. Behler ), Lansing, for Merit Energy Company.

Dawda, Mann, Mulcahy & Sadler, PLC (by Brian J. Considine ), Bloomfield Hills, for Amici Curiae the Michigan Council of Trout Unlimited.

Neal, Gerber & Eisenberg LLP (by Phil C. Neal and Dao L. Boyle ) for Amici Curiae Preserve the Dunes, Inc.

Michael H. Dettmer , Traverse City, for Amici Curiae Michigan Citizens for Water Conservation.

Clark Hill PLC (by David D. Grande-Cassell and Kristin B. Bellar ), Lansing, for Amici Curiae the Michigan Manufacturers Association.

Beier Howlett, P.C. (by Jeffrey K. Haynes and Keith C. Jablonski ), Bloomfield Hills, for Amici Curiae the Michigan Environmental Council.

Nicholas J. Schroeck and Sara R. Gosman for Amici Curiae the National Wildlife Federation and the Great Lakes Environmental Law Center.

DAVIS, J.

In this case we determine whether defendant Merit Energy Company's plan to discharge contaminated water from an environmental cleanup site in the Manistee River watershed into a previously unpolluted site in the AuSable River watershed is an allowable use of water. We also determine in this case whether the Michigan Department of Environmental Quality (DEQ) (which is now the Department of Natural Resources and Environment) can be sustained as a defendant...

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