Landowners in Michigan often feel a strong connection not just to their own property, but also to the surrounding area. This is particularly true of riparian landowners. There is a sense of community and responsibility that often arises from owning property on one of Michigan’s many bodies of water. Many potential clients inquire how to protect their surrounding environment from developments that may be harmful. One potential way to guard against damage to the environment is through a private action under the Michigan Environmental Protection Act.
The Michigan Environmental Protection Act (MEPA) serves as a powerful legal tool for individuals and groups seeking to protect the environment and natural resources within the state of Michigan. Enacted in 1970, MEPA empowers citizens to take proactive steps against activities that might harm the environment. Bringing a private action under MEPA involves a specific process that enables concerned parties to seek remedies for potential environmental damages caused by various actions.
To initiate a private action under MEPA, individuals or groups must first establish legal standing. This involves demonstrating a direct and substantial interest in the protection, preservation, or enhancement of the environment or natural resources that could be adversely affected. It’s crucial to provide evidence of the potential harm that the proposed action might cause to the environment, linking the harm to the plaintiff’s specific interest.
Following the establishment of legal standing, the plaintiff must then identify and document the alleged harm. This requires gathering comprehensive evidence that clearly illustrates how the proposed activity could lead to environmental damage. Engaging experts, collecting scientific data, and documenting potential adverse effects are all crucial steps in building a strong case under MEPA. The collected evidence should demonstrate a clear causal link between the proposed action and the potential harm to the environment.
Once the evidence is compiled, the next step is to file a formal lawsuit in a Michigan court. The lawsuit should outline the alleged environmental harm, the evidence supporting the claim, and the legal remedies sought. MEPA grants the court the authority to issue injunctions or other appropriate orders to prevent or mitigate the harm identified in the case. A successful private action under MEPA can lead to court-ordered remedies that could include halting the proposed activity, restoring the affected area, and imposing financial penalties on the responsible party.
Of course, each case is unique and needs to be assessed on its merits before suit is filed. The attorneys at Dalton & Tomich, PLC are experienced in helping landowners protect the natural beauty of Michigan. If you feel you may need to bring a claim under MEPA, please do not hesitate to contact us. We would be happy to speak with you.
