NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT
Act 451 of 1994
324.20135 Civil action; jurisdiction; conditions; notice; awarding costs and fees; rights not impaired; venue.
Sec. 20135.
(1) Except as otherwise provided in this part, a person, including a local unit of government on behalf of its citizens, whose health or enjoyment of the environment is or may be adversely affected by a release from a facility or threat of release from a facility, other than a permitted release or a release in compliance with applicable federal, state, and local air pollution control laws, by a violation of this part or a rule promulgated or order issued under this part, or by the failure of the directors to perform a nondiscretionary act or duty under this part, may commence a civil action against any of the following:
(a) An owner or operator who is liable under section 20126 for injunctive relief necessary to prevent irreparable harm to the public health, safety, or welfare, or the environment from a release or threatened release in relation to that facility.
(b) A person who is liable under section 20126 for a violation of this part or a rule promulgated under this part or an order issued under this part in relation to that facility.
(c) One or more of the directors if it is alleged that 1 or more of the directors failed to perform a nondiscretionary act or duty under this part.
(2) The circuit court has jurisdiction in actions brought under subsection (1)(a) to grant injunctive relief necessary to protect the public health, safety, or welfare, or the environment from a release or threatened release. The circuit court has jurisdiction in actions brought under subsection (1)(b) to enforce this part or a rule promulgated or order issued under this part by ordering such action as may be necessary to correct the violation and to impose any civil fine provided for in this part for the violation. A civil fine recovered under this section shall be deposited in the fund. The circuit court has jurisdiction in actions brought under subsection (1)(c) to order 1 or more of the directors to perform the nondiscretionary act or duty concerned.
(3) An action shall not be filed under subsection (1)(a) or (b) unless all of the following conditions exist:
(a) The plaintiff has given at least 60 days' notice in writing of the plaintiff's intent to sue, the basis for the suit, and the relief to be requested to each of the following:
(i) The department.
(ii) The attorney general.
(iii) The proposed defendants.
(b) The state has not commenced and is not diligently prosecuting an action under this part or under other appropriate legal authority to obtain injunctive relief concerning the facility or to require compliance with this part or a rule or an order under this part.
(4) An action shall not be filed under subsection (1)(c) until the plaintiff has given in writing at least 60 days' notice to the directors of the plaintiff's intent to sue, the basis for the suit, and the relief to be requested.
(5) In issuing a final order in an action brought pursuant to this section, the court may award costs of litigation, including reasonable attorney and expert witness fees to the prevailing or substantially prevailing party if the court determines that an award is appropriate.
(6) This section does not affect or otherwise impair the rights of any person under federal, state, or common law.
(7) An action under subsection (1)(a) or (b) shall be brought in the circuit court for the circuit in which the alleged release, threatened release, or other violation occurred. An action under subsection (1)(c) shall be brought in the circuit court for Ingham county.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995
PopularName Notes:
Act 451
PopularName Notes:
Environmental Remediation
PopularName Notes:
Environmental Response Act
PopularName Notes:
NREPA
Notes of Decisions
Tennine Corp. v. Boardwalk Com., LLC, 315 Mich. App. 1 (Mich. Ct. App. 2016).
· cites it 8× “MCL 324.20135 addresses who may pursue an NREPA action and provides in relevant part: (1) Except as otherwise provided in this part, a person, including a local unit of government on behalf of its citizens, whose health or enjoyment of the environment is or may be adversely…”
Cairns v. City of East Lansing, 738 N.W.2d 246 (Mich. Ct. App. 2007).
· cites it 17× “In count I, plaintiffs sought injunc-tive relief under MCL 324.20135 to compel defendant to “comply with its response, investigation, remediation and reporting requirements set forth in Part 201 of NREPA, to remediate Plaintiffs’ properties to unrestricted residential closure…”
1031 Lapeer LLC v. Rice, 810 N.W.2d 293 (Mich. Ct. App. 2010).
· cites it 3× “MCL 324.20135 provides: (1) Except as otherwise provided in this part, a person, including a local unit of government on behalf of its citizens, whose health or enjoyment of the environment is or may be adversely affected by a release from a facility or threat of release from a…”
Howell Twp. v. Rooto Corp., 670 N.W.2d 713 (Mich. Ct. App. 2003).
“MCL 324.20135(l)(b). Part 201 of the NREPA defines a “release” as “any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of hazardous substance into the environment[.”
Tingley v. 900 Monroe, LLC, 731 N.W.2d 427 (Mich. Ct. App. 2005).
“MCL 324.20135(3) states, in part: “An action shall not be filed under subsection (l)(a) or (b) unless all of the following conditions exist: (a) The plaintiff has given at least 60 days’ notice in writing of the plaintiffs intent to sue, the basis for the suit, and the relief to…”
Cairns v. City of East Lansing, 738 N.W.2d 246 (Mich. Ct. App. 2007).
· cites it 17× “In count I, plaintiffs sought injunctive relief under MCL 324.20135 to compel defendant to "comply with its response, investigation, remediation and reporting requirements set forth in Part 201 of NREPA, to remediate Plaintiffs' properties to unrestricted residential closure…”
Tingley v. 900 MONROE LLC, 733 N.W.2d 440 (Mich. Ct. App. 2007).
· cites it 4× “[9] MCL 324.20135(1) is the standing provision in the ERA.”
Terry Moore v. Gen. Motors LLC (Mich. Ct. App. 2020).
· cites it 6× “NOTICE OF THE NREPA CLAIM Defendant also contends that plaintiffs’ claims under the NREPA fail because plaintiffs failed to provide notice as required by MCL 324.20135 and thereby deprived the trial court of jurisdiction over that claim.”
— Mich. Comp. Laws § 324.20135(1) — 2 cases
Tennine Corp. v. Boardwalk Com., LLC, 315 Mich. App. 1 (Mich. Ct. App. 2016).
“MCL 324.20135 addresses who may pursue an NREPA action and provides in relevant part: (1) Except as otherwise provided in this part, a person, including a local unit of government on behalf of its citizens, whose health or enjoyment of the environment is or may be adversely…”
Tingley v. 900 MONROE LLC, 733 N.W.2d 440 (Mich. Ct. App. 2007).
“[9] MCL 324.20135(1) is the standing provision in the ERA.”
— Mich. Comp. Laws § 324.20135(2) — 1 case
Tennine Corp. v. Boardwalk Com., LLC, 315 Mich. App. 1 (Mich. Ct. App. 2016).
“MCL 324.20135 addresses who may pursue an NREPA action and provides in relevant part: (1) Except as otherwise provided in this part, a person, including a local unit of government on behalf of its citizens, whose health or enjoyment of the environment is or may be adversely…”
— Mich. Comp. Laws § 324.20135(3) — 4 cases
Cairns v. City of East Lansing, 738 N.W.2d 246 (Mich. Ct. App. 2007).
“In count I, plaintiffs sought injunc-tive relief under MCL 324.20135 to compel defendant to “comply with its response, investigation, remediation and reporting requirements set forth in Part 201 of NREPA, to remediate Plaintiffs’ properties to unrestricted residential closure…”
Tingley v. 900 Monroe, LLC, 731 N.W.2d 427 (Mich. Ct. App. 2005).
“MCL 324.20135(3) states, in part: “An action shall not be filed under subsection (l)(a) or (b) unless all of the following conditions exist: (a) The plaintiff has given at least 60 days’ notice in writing of the plaintiffs intent to sue, the basis for the suit, and the relief to…”
Tingley v. 900 MONROE LLC, 733 N.W.2d 440 (Mich. Ct. App. 2007).
“[9] MCL 324.20135(1) is the standing provision in the ERA.”
Cairns v. City of East Lansing, 738 N.W.2d 246 (Mich. Ct. App. 2007).
“In count I, plaintiffs sought injunctive relief under MCL 324.20135 to compel defendant to "comply with its response, investigation, remediation and reporting requirements set forth in Part 201 of NREPA, to remediate Plaintiffs' properties to unrestricted residential closure…”
— Mich. Comp. Laws § 324.20135(3)(a) — 3 cases
Tennine Corp. v. Boardwalk Com., LLC, 315 Mich. App. 1 (Mich. Ct. App. 2016).
“MCL 324.20135 addresses who may pursue an NREPA action and provides in relevant part: (1) Except as otherwise provided in this part, a person, including a local unit of government on behalf of its citizens, whose health or enjoyment of the environment is or may be adversely…”
1031 Lapeer LLC v. Rice, 810 N.W.2d 293 (Mich. Ct. App. 2010).
“MCL 324.20135 provides: (1) Except as otherwise provided in this part, a person, including a local unit of government on behalf of its citizens, whose health or enjoyment of the environment is or may be adversely affected by a release from a facility or threat of release from a…”
Terry Moore v. Gen. Motors LLC (Mich. Ct. App. 2020).
“NOTICE OF THE NREPA CLAIM Defendant also contends that plaintiffs’ claims under the NREPA fail because plaintiffs failed to provide notice as required by MCL 324.20135 and thereby deprived the trial court of jurisdiction over that claim.”
— Mich. Comp. Laws § 324.20135(3)(b) — 2 cases
Cairns v. City of East Lansing, 738 N.W.2d 246 (Mich. Ct. App. 2007).
“In count I, plaintiffs sought injunc-tive relief under MCL 324.20135 to compel defendant to “comply with its response, investigation, remediation and reporting requirements set forth in Part 201 of NREPA, to remediate Plaintiffs’ properties to unrestricted residential closure…”
Cairns v. City of East Lansing, 738 N.W.2d 246 (Mich. Ct. App. 2007).
“In count I, plaintiffs sought injunctive relief under MCL 324.20135 to compel defendant to "comply with its response, investigation, remediation and reporting requirements set forth in Part 201 of NREPA, to remediate Plaintiffs' properties to unrestricted residential closure…”
— Mich. Comp. Laws § 324.20135(5) — 1 case
— Mich. Comp. Laws § 324.20135(l)(b) — 1 case
Howell Twp. v. Rooto Corp., 670 N.W.2d 713 (Mich. Ct. App. 2003).
“MCL 324.20135(l)(b). Part 201 of the NREPA defines a “release” as “any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of hazardous substance into the environment[.”
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