Mich. Comp. Laws » Michigan Compiled Laws / Chapter 324 / Act 451 of 1994
Michigan Compiled Laws

Mich. Comp. Laws § 324.1704 (2026)

Granting of relief; administrative, licensing, or other proceedings; adjudication; judicial review.

✓ current as of July 2026
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NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT


Act 451 of 1994


324.1704 Granting of relief; administrative, licensing, or other proceedings; adjudication; judicial review.

Sec. 1704.

    (1)  The court may grant temporary and permanent equitable relief or may impose conditions on the defendant that are required to protect the air, water, and other natural resources or the public trust in these resources from pollution, impairment, or destruction.

    (2) If administrative, licensing, or other proceedings are required or available to determine the legality of the defendant's conduct, the court may direct the parties to seek relief in such proceedings. Proceedings described in this subsection shall be conducted in accordance with and subject to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws. If the court directs parties to seek relief as provided in this section, the court may grant temporary equitable relief if necessary for the protection of the air, water, and other natural resources or the public trust in these resources from pollution, impairment, or destruction. In addition, the court retains jurisdiction of the action pending completion of the action to determine whether adequate protection from pollution, impairment, or destruction is afforded.

    (3) Upon completion of proceedings described in this section, the court shall adjudicate the impact of the defendant's conduct on the air, water, or other natural resources, and on the public trust in these resources, in accordance with this part. In adjudicating an action, the court may order that additional evidence be taken to the extent necessary to protect the rights recognized in this part.

    (4) If judicial review of an administrative, licensing, or other proceeding is available, notwithstanding the contrary provisions of Act No. 306 of the Public Acts of 1969 pertaining to judicial review, the court originally taking jurisdiction shall maintain jurisdiction for purposes of judicial review.

History: 1994, Act 451, Eff. Mar. 30, 1995

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Act 451

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NREPA
Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 2002–2025 · leading case: Preserve the Dunes, Inc v. Dep't of Env't Quality, 655 N.W.2d 263 (Mich. Ct. App. 2002).
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Preserve the Dunes, Inc v. Dep't of Env't Quality, 655 N.W.2d 263 (Mich. Ct. App. 2002). · cites it 12× “MCL 324.1704 contains permissive language that suggests that a court may, but is not required to, remit parties to existing or available administrative *292 procedures before inquiring directly into an environmental claim.”
Nat'l Wildlife Fed'n v. Dep't of Env't Quality, 856 N.W.2d 394 (Mich. Ct. App. 2014). · cites it 4× “” MCL 324.1704(2). Section 1704(4) states: “If judicial review of an administrative, licensing, or other proceeding is available, .”
Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004). · cites it 2× “MCL 324.1704(2). B. Overview of SDMA Permit Process The DEQ may authorize mining in critical sand dune areas under two specific conditions set forth in MCL 324.”
Glen Lake-Crystal River Watershed Riparians v. Glen Lake Ass'n, 695 N.W.2d 508 (Mich. Ct. App. 2005). “30707(4),” and “for the protection of the river, lake, and associated natural resources under MCL 324.1704(1).” *541 The trial court determined that plaintiffs presented more detailed and comprehensive evidence on the potential effect that modifying the lake level order might…”
Nat'l Wildlife Fed'n v. Cleveland Cliffs Iron Co., 684 N.W.2d 800 (Mich. 2004). · cites it 4× “MCL 324.1704(1) provides: The court may grant temporary and permanent equitable relief or may impose conditions on the defendant that are required to protect the air, water, and other natural resources or the public trust in these resources from pollution, impairment, or…”
Nat'l Wildlife Fed'n v. Dep't of Env't Quality, 856 N.W.2d 252 (Mich. Ct. App. 2014). “We decline to repeat here the full analysis from the companion case, but reiterate that MCL 324.1704 reserves appellate review to the circuit court that deferred to an administrative agency in the first instance and that the provisions for third parties to initiate contested…”
Michigan Dep't of Env't, Great Lakes & Energy v. STS Hydropower, LLC (W.D. Mich. 2022). · cites it 2× “” Section 324.1704(2) states that “[i]f administrative, licensing, or other proceedings are required or available to determine the legality of the defendant’s conduct, the court may direct the parties to seek relief in such proceedings.”
Boyce Hydro, LLC (Bankr. E.D. Mich. 2021). · cites it 2× “The relief authorized by MCL 324.1704, MCL 324.3115, MCL 324.30112, MCL 324.”
20250219_C369156_86_369156.Opn.Pdf (Mich. Ct. App. 2025). “1204, and current MCL 324.1704. The West Mich Environmental Action Council Court stated that “the Legislature specifically addressed the relationship between suits brought under the environmental protection act and administrative proceedings” and concluded that de novo review by…”
Preserve the Dunes Inc v. Dept of Env't Quality (Mich. 2004). “MCL 324.1704(2). B. Overview of SDMA Permit Process The DEQ may authorize mining in critical sand dune areas under two specific conditions set forth in MCL 324.”
— Mich. Comp. Laws § 324.1704(1) — 2 cases
Glen Lake-Crystal River Watershed Riparians v. Glen Lake Ass'n, 695 N.W.2d 508 (Mich. Ct. App. 2005). “30707(4),” and “for the protection of the river, lake, and associated natural resources under MCL 324.1704(1).” *541 The trial court determined that plaintiffs presented more detailed and comprehensive evidence on the potential effect that modifying the lake level order might…”
Nat'l Wildlife Fed'n v. Cleveland Cliffs Iron Co., 684 N.W.2d 800 (Mich. 2004). “MCL 324.1704(1) provides: The court may grant temporary and permanent equitable relief or may impose conditions on the defendant that are required to protect the air, water, and other natural resources or the public trust in these resources from pollution, impairment, or…”
— Mich. Comp. Laws § 324.1704(2) — 5 cases
Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004). “MCL 324.1704(2). B. Overview of SDMA Permit Process The DEQ may authorize mining in critical sand dune areas under two specific conditions set forth in MCL 324.”
Nat'l Wildlife Fed'n v. Dep't of Env't Quality, 856 N.W.2d 394 (Mich. Ct. App. 2014). “” MCL 324.1704(2). Section 1704(4) states: “If judicial review of an administrative, licensing, or other proceeding is available, .”
Nat'l Wildlife Fed'n v. Cleveland Cliffs Iron Co., 684 N.W.2d 800 (Mich. 2004). “MCL 324.1704(1) provides: The court may grant temporary and permanent equitable relief or may impose conditions on the defendant that are required to protect the air, water, and other natural resources or the public trust in these resources from pollution, impairment, or…”
Michigan Dep't of Env't, Great Lakes & Energy v. STS Hydropower, LLC (W.D. Mich. 2022). “” Section 324.1704(2) states that “[i]f administrative, licensing, or other proceedings are required or available to determine the legality of the defendant’s conduct, the court may direct the parties to seek relief in such proceedings.”
Preserve the Dunes Inc v. Dept of Env't Quality (Mich. 2004). “MCL 324.1704(2). B. Overview of SDMA Permit Process The DEQ may authorize mining in critical sand dune areas under two specific conditions set forth in MCL 324.”
— Mich. Comp. Laws § 324.1704(4) — 1 case
Nat'l Wildlife Fed'n v. Dep't of Env't Quality, 856 N.W.2d 394 (Mich. Ct. App. 2014). “” MCL 324.1704(2). Section 1704(4) states: “If judicial review of an administrative, licensing, or other proceeding is available, .”
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