ELR Citation: ELR 20804
No(s). 94-CV-74869 (E.D. Mich. Dec 23, 1994)

The court refuses to issue a temporary restraining order to halt the construction of a sewer overflow retention basin in Birmingham, Michigan. The court notes that plaintiff citizens group is seeking to substitute a system of separated sewers for the basin. The court finds that defendants considered this alternative and rejected it for appropriate reasons, because the retention basin and related interceptor project is estimated to cost $29,861,000 and the separated sewer project is estimated to cost $64,498,000. The court finds that the group's concerns about the water quality of discharge into the Rouge River are without foundation, because the river is highly polluted, and the discharge from the retention basin of partially treated stormwater and wastewater overflow under controlled conditions during wet weather, will certainly not add to the river's pollution. The discharge will substantially decrease the river's pollution because the retention basin's content will not be discharged into the river. The court holds that the group failed to satisfy the requirements for a temporary restraining order, because stopping construction of the project would cause irreparable harm to defendants and to the public interest. Such action is not warranted in view of defendants' compliance with the requirements of the National Environmental Policy Act, the Michigan Environmental Protection Act, and the Federal Water Pollution Control Act. Finally, the court denies the group's motion for certification of the court's denial of the motion for a temporary restraining order.

Counsel for Plaintiff
Jean Ligon
Ligon & Naber
822 E. Grand River, Brighton MI 48116
(810) 229-7237

Counsel for Defendants
John Scherbarth, Ass't Attorney General
Attorney General's Office
Law Bldg., 525 W. Ottawa, P.O. Box 30212, Lansing, MI 48909
(517) 373-1110