Mich. High Court Nixes Challenge To Merit Water Permit

Law360, New York (April 26, 2011, 3:30 PM EDT) -- Michigan's highest court on Monday tossed a challenge to a Merit Energy Co. permit for the discharge of contaminated water into a local trout stream, overturning its earlier decision that expanded the ability to sue state regulators over environmental permits.

In a 4-3 decision, the new conservative majority in the Michigan Supreme Court vacated the court's Dec. 28 decision finding that the state's Department of Environmental Quality could be sustained as a defendant in an action brought under the Michigan Environmental Protection Act. The decision dismissed...
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