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

Mich. Comp. Laws § 324.1705 (2026)

Administrative, licensing, or other proceedings; intervenors; determinations; doctrines applicable.

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


Act 451 of 1994


324.1705 Administrative, licensing, or other proceedings; intervenors; determinations; doctrines applicable.

Sec. 1705.

    (1)  If administrative, licensing, or other proceedings and judicial review of such proceedings are available by law, the agency or the court may permit the attorney general or any other person to intervene as a party on the filing of a pleading asserting that the proceeding or action for judicial review involves conduct that has, or is likely to have, the effect of polluting, impairing, or destroying the air, water, or other natural resources or the public trust in these resources.

    (2) In administrative, licensing, or other proceedings, and in any judicial review of such a proceeding, the alleged pollution, impairment, or destruction of the air, water, or other natural resources, or the public trust in these resources, shall be determined, and conduct shall not be authorized or approved that has or is likely to have such an effect if there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety, and welfare.

    (3) The doctrines of collateral estoppel and res judicata may be applied by the court to prevent multiplicity of suits.

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

PopularName Notes:

Act 451

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NREPA
Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1996–2025 · leading case: Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004).
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Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004). · cites it 2× “MCL 324.1705(1). This statute requires a potential intervenor to file a pleading asserting that the proceeding or action for judicial review involves conduct that has violated, or is likely to violate, MEPA.”
Schmude Oil, Inc. v. Dep't of Env't Quality, 856 N.W.2d 84 (Mich. Ct. App. 2014). · cites it 2× “Nor does MCL 324.1705 state that even if there is a finding of pollution, impairment, or destruction that a permit application must be approved if there is no feasible and prudent alternative as petitioners suggest.”
Anglers of the Ausable, Inc v. Dep't of Env't Quality, 488 Mich. 69 (Mich. 2010). · cites it 4× “In plaintiffs’ appeal of the 90 This conclusion is strengthened by a contextual reading of MEPA that considers the use of “conduct” in MCL 324.1705, which mandates that an agency make a pollution determination, and then states that “conduct shall not be authorized or approved…”
Anglers of the AuSable, Inc v. Dep't of Env't Quality, 760 N.W.2d 230 (Mich. 2009). · cites it 8× “The Court of Appeals should also address this issue to insure that MCL 324.1705 is properly followed. Accordingly, I continue to favor a remand to the Court of Appeals as on leave granted.”
Anglers of AuSable, Inc. v. Dep't of Env't Quality, 770 N.W.2d 359 (Mich. Ct. App. 2009). “Because plaintiffs challenged the DEQ’s approval of the corrective action plan, their challenge pertained to an administrative decision rather than conduct.”
Mich. Bear Hunters Ass'n, Inc. v. Mich. Nat. Res. Com'n, 746 N.W.2d 320 (Mich. Ct. App. 2008). · cites it 3× “After defendants unsuccessfully challenged count I of plaintiffs' complaint on the ground that the circuit court lacked subject-matter jurisdiction, plaintiffs amended their complaint, apparently to assert in count I that MCL 324.1705 provides a cause of action under which…”
Michigan Bear Hunters Ass'n v. Nat. Resources Comm'n, 277 Mich. App. 512 (Mich. Ct. App. 2007). · cites it 3× “After defendants unsuccessfully challenged count I of plaintiffs’ complaint on the ground that the circuit court lacked subject-matter jurisdiction, plaintiffs amended their complaint, apparently to assert in count I that MCL 324.1705 provides a cause of action under which…”
Friends of Crystal River v. Kuras Props., 554 N.W.2d 328 (Mich. Ct. App. 1996). “8 These provisions of the mepa were repealed by 1994 PA 451 and were replaced with substantially similar language in MCL 324.1705; MSA 13A.1705.”
20250219_C369156_86_369156.Opn.Pdf (Mich. Ct. App. 2025). · cites it 5× “MCL 324.1705(2), a provision of MEPA, states: In administrative, licensing, or other proceedings, and in any judicial review of such a proceeding, the alleged pollution, impairment, or destruction of the air, water, or other natural resources, or the public trust in these…”
Dep't of Env't Quality v. Gary Sancrant (Mich. Ct. App. 2021). · cites it 3× “MCL 324.1705 states: (1) If administrative, licensing, or other proceedings and judicial review of such proceedings are available by law, the agency or the court may permit the attorney general or any other person to intervene as a party on the filing of a pleading asserting…”
in Re Application of Encana Oil & Gas Re Beaver Creek Pipeline (Mich. Ct. App. 2015). · cites it 2× “Although MCL 324.1705(2) required a determination that took an environmental element into account, appellants incorrectly suggest that it required the Commission to conduct an independent investigation.”
Preserve the Dunes Inc v. Dept of Env't Quality (Mich. 2004). “MCL 324.1705(1). This statute requires a potential intervenor to file a pleading asserting that the proceeding or action for judicial review involves conduct that has violated, or is likely to violate, MEPA.”
— Mich. Comp. Laws § 324.1705(1) — 3 cases
Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004). “MCL 324.1705(1). This statute requires a potential intervenor to file a pleading asserting that the proceeding or action for judicial review involves conduct that has violated, or is likely to violate, MEPA.”
Anglers of AuSable, Inc. v. Dep't of Env't Quality, 770 N.W.2d 359 (Mich. Ct. App. 2009). “Because plaintiffs challenged the DEQ’s approval of the corrective action plan, their challenge pertained to an administrative decision rather than conduct.”
Preserve the Dunes Inc v. Dept of Env't Quality (Mich. 2004). “MCL 324.1705(1). This statute requires a potential intervenor to file a pleading asserting that the proceeding or action for judicial review involves conduct that has violated, or is likely to violate, MEPA.”
— Mich. Comp. Laws § 324.1705(2) — 5 cases
Schmude Oil, Inc. v. Dep't of Env't Quality, 856 N.W.2d 84 (Mich. Ct. App. 2014). “Nor does MCL 324.1705 state that even if there is a finding of pollution, impairment, or destruction that a permit application must be approved if there is no feasible and prudent alternative as petitioners suggest.”
Anglers of the Ausable, Inc v. Dep't of Env't Quality, 488 Mich. 69 (Mich. 2010). “In plaintiffs’ appeal of the 90 This conclusion is strengthened by a contextual reading of MEPA that considers the use of “conduct” in MCL 324.1705, which mandates that an agency make a pollution determination, and then states that “conduct shall not be authorized or approved…”
Anglers of the AuSable, Inc v. Dep't of Env't Quality, 760 N.W.2d 230 (Mich. 2009). “The Court of Appeals should also address this issue to insure that MCL 324.1705 is properly followed. Accordingly, I continue to favor a remand to the Court of Appeals as on leave granted.”
20250219_C369156_86_369156.Opn.Pdf (Mich. Ct. App. 2025). “MCL 324.1705(2), a provision of MEPA, states: In administrative, licensing, or other proceedings, and in any judicial review of such a proceeding, the alleged pollution, impairment, or destruction of the air, water, or other natural resources, or the public trust in these…”
in Re Application of Encana Oil & Gas Re Beaver Creek Pipeline (Mich. Ct. App. 2015). “Although MCL 324.1705(2) required a determination that took an environmental element into account, appellants incorrectly suggest that it required the Commission to conduct an independent investigation.”
— Mich. Comp. Laws § 324.1705(3) — 1 case
Dep't of Env't Quality v. Gary Sancrant (Mich. Ct. App. 2021). “MCL 324.1705 states: (1) If administrative, licensing, or other proceedings and judicial review of such proceedings are available by law, the agency or the court may permit the attorney general or any other person to intervene as a party on the filing of a pleading asserting…”
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