Dept. of Env. Quality v. Worth Twnsp.

At issue in this case was whether a municipality such as a township could be held responsible under MCL 324.3109(2) of the Natural Resources and Environmental Protection Act (NREPA)1 for raw sewage discharged into state waters by private citizens within the township's borders. Upon review, the Supreme Court concluded that under NREPA, a municipality can be held responsible for, and required to prevent, the discharge when the raw sewage originates within its borders, even when the raw sewage is discharged by a private party and not directly discharged by the municipality itself. The Court reversed the judgment of the Court of Appeals because it interpreted MCL 324.3109(2) in a manner that precluded a municipality from being held responsible for such a discharge. The case was remanded to the Court of Appeals to address remaining arguments made on appeal. View "Dept. of Env. Quality v. Worth Twnsp." on Justia Law