ELR Citation: ELR 20694
No(s). 54427 (Mich. Aug 2, 1974)

The Michigan Supreme Court splits 3-3 on the issue of whether a provision in the state constitution requiring protection of the state's natural resources creates a mandatory legislative duty or is merely declaratory. The court finds a mandatory duty, but further finds that this duty is satisfied by the state Environmental Protection Act. The statute is interpreted to be a source of substantive environmental law, and the case is remanded to the probate court for a highway condemnation hearing to determine whether the Highway Commission complied with its environmental obligations. A concurring opinion finds the constitution's environmental provision to be declaratory and does not consider the EPA. See Comment, Michigan Supreme Court Announces Support for Environmental Protection Act, 4 ELR 10167.

Counsel for Plaintiff
Robert Krause Ass't Attorney General
525 W. Ottawa
Lansing, MI 48933

Counsel for Defendant
L. Bennett Young
Surridge, Vanderkloot, Afton, Young & Reid
877 S. Adams Rd.
Birmingham, MI 48011