Beier Howlett lawyer Jeff Haynes was cited by a Michigan Supreme Court justice in a recently published dissenting opinion. In Lakeshore Group v. State of Michigan, 510 Mich 853 (2022), the court was considering whether or not to grant leave to appeal to consider the important question of whether the Michigan Environmental Protection Act (MEPA) applies to administrative decisions granting a permit or applies only to conduct of the permittee.

The question is important for environmental lawyers who wish to challenge decisions that harm the environment at the earliest possible time. Although the court denied leave to appeal, Justice Elizabeth Welch dissented, arguing that the question was of major importance to the jurisprudence of the state, especially considering the strong protection of the environment required in Michigan’s constitution and statutes. Justice Welch argued that prior decisions of the court were inconsistent on this question and that the court should clarify the conflict. As support, she cited Haynes chapter on MEPA in the Michigan Environmental Law Deskbook (2nd ed) that decisions of the court appeals held that MEPA allows direct lawsuits challenging permits.

Written by Jeffrey Haynes

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