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DEQ v. WORTH TP.

Docket No. 141810.

814 N.W.2d 646 (2012)

491 Mich. 227

DEPARTMENT OF ENVIRONMENTAL QUALITY, v. WORTH TOWNSHIP.

Supreme Court of Michigan.

May 17, 2012.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Counsel, and Alan F. Hoffman and Neil D. Gordon , Assistant Attorneys General, for plaintiffs.

Hubbard Law Firm, P.C., Lansing (by Michael G. Woodworth ), for defendant.

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

McClelland & Anderson, L.L.P., Lansing (by Gregory L. McClelland , David E. Pierson , and Melissa A. Hagen ), for the Michigan Association of Realtors.

HATHAWAY, J.

At issue is whether a municipality such as a township can be held responsible under MCL 324.3109(2) of the Natural Resources and Environmental Protection Act (NREPA)1 for raw sewage discharged into state waters by private citizens within the township's borders. We conclude that under NREPA, a municipality can be held responsible for,2 and required to prevent,3 the discharge...

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