In Michigan, environmental impact assessments or statements can play pivotal roles in the outcome of proposed land development projects. Depending on the proposed land development, there may be county, state and even federal environmental regulations mandating submissions of related assessments. As such, environmental impact statements or assessments (“EIS”) are resources used to evaluate the environmental consequences a development project might pose.1 These statements are purposed for informing the governing agency or policymakers. On average, concerns raised in EIS’s are environmental harms, community impact, and wildlife protection.
At the federal level, an EIS can be mandated under the National Environmental Policy Act of 1969. Property development projects that potentially qualify for major federal action, as defined by law, are generally required to assess the impact of a proposed project on the physical, cultural, and human environments affected by the proposed project.2. At the state level, Michigan enacted the Natural Resources and Environmental Protection Act (1994) and the Michigan Occupational Safety and Health Act (“MIOSHA”) (1974). The state’s Department of Environment, Great Lakes, and Energy (“EGLE”) is authorized to enforce Michigan’s environmental provisions. For the local level, there may separately be environmental regulations or standards as well. Under these regulations, an EIS may be required for a developer to submit, depending on what the project involves.
Given that land use disputes regularly begin at the local level, it is relevant to address the impact of EIS’s have at this stage. Under local rules or ordinances, planning commissions or zoning boards are typically authorized in overseeing EIS submissions and reviews. What is required in submitting an EIS depends again on the governing laws, surrounding area, and land development at issue. However, the contents of a typical EIS include general matters such as the purpose of the proposed project, site description, description of surrounding area, and description of the affected environment. More importantly, an EIS will likely include potential impacts to the surrounding environment as a result of the development project. This portion involves analyzing any risks posed to threatened or endangered species, air/water quality impacts, effects to any historical or cultural sites, etc. Often times, the EIS will also require proposed mitigation measures to any risks or impacts identified in the assessment.
Environmental impact statements consequently influence land use and zoning decisions. With respect to members of the public, the contents of an EIS can provide better transparency, informing them further on what a proposed land development project entails. As mentioned above, the typical concerns raised in EIS’s can involve environmental harms, wildlife protection, and community impact. Therefore, such findings in an EIS would be relevant data supporting reasons for contesting a proposed land development project. Furthermore, the EIS itself can form the grounds for contesting such a project. A faulty, incomplete, or inaccurate EIS would violate local and state laws. For instance, if a development project falls under state regulations mandating an EIS at the state level, failure to comply or satisfy state obligations can form a sufficient legal basis for disputing said project.
Environmental regulations hence EIS documentation, is an indispensable part of the land use framework in Michigan. As a consequence, understanding environmental impact statements or assessments can be useful as evidence or further legal grounds in contesting proposed development projects. Working with legal counsel can further ensure whether EIS’s comply with local and state regulations. Legal counsel can also ensure issues associated with EIS’s are all identified.
At Dalton & Tomich, PLC, our attorneys are highly experienced in the realm of land use and zoning and have represented numerous clients in contesting associated development projects. If you are considering pursuing a claim of appeal or have any related questions, contact Dalton & Tomich at (313) 859-6000, to speak to one of your attorneys.
- (Tiffany Middleton, What is an Environmental Impact Statement?, American Bar Association, Divisionn of Public Education, (2021). Available at https://www.americanbar.org/groups/public_education/publications/teaching-legal-docs/teaching-legal-docs–what-is-an-environmental-impact-statement-/). ↩︎
- Id. ↩︎
