NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT
Act 451 of 1994
324.30316 Civil action; commencement; request; venue; jurisdiction; violations; civil fines and penalties; restoration of wetland; award of attorney fees.
Sec. 30316.
(1) The attorney general may commence a civil action for appropriate relief, including injunctive relief upon request of the department under section 30315(1). An action under this subsection may be brought in the circuit court for the county of Ingham or for a county in which the defendant is located, resides, or is doing business. The court has jurisdiction to restrain the violation and to require compliance with this part. In addition to any other relief granted under this section, the court may impose a civil fine of not more than $10,000.00 per day of violation. A person who violates an order of the court is subject to a civil fine not to exceed $10,000.00 for each day of violation.
(2) A person who violates this part is guilty of a misdemeanor punishable by a fine of not more than $2,500.00.
(3) A person who willfully or recklessly violates a condition or limitation in a permit issued by the department under this part, or a corporate officer who has knowledge of or is responsible for a violation, is guilty of a misdemeanor punishable by a fine of not less than $2,500.00 or more than $25,000.00 per day of violation or by imprisonment for not more than 1 year, or both. A person who commits a violation described in this section a second or subsequent time is guilty of a felony punishable by a fine of not more than $50,000.00 for each day of violation or by imprisonment for not more than 2 years, or both.
(4) In addition to the civil fines and penalties provided under subsections (1), (2), and (3), the court may order a person who violates this part to restore as nearly as possible the wetland that was affected by the violation to its original condition immediately before the violation. The restoration may include the removal of fill material deposited in the wetland or the replacement of soil, sand, or minerals.
(5) The award of attorney fees in a civil action under this part is subject to applicable provisions of chapter 24 of the revised judicature act of 1961, 1961 PA 235, MCL 600.2401 to 600.2461. However, regardless of whether this state's position was substantially justifiable, reasonable expert professional witness fees, as determined by the court, shall be awarded to a landowner that prevails against this state on the issue of whether the landowner's property is wetland.
History: Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2018, Act 631, Eff. Mar. 29, 2019
PopularName Notes:
Act 451
PopularName Notes:
NREPA
PopularName Notes:
Wetland Protection Act
Notes of Decisions
Dep't of Env't Quality v. Morley, 885 N.W.2d 892 (Mich. Ct. App. 2015).
· cites it 4× “Under MCL 324.30316(1) and (4), a trial court may restrain a violation of MCL 324.”
Attorney Gen. v. Harkins, 669 N.W.2d 296 (Mich. Ct. App. 2003).
· cites it 2× “While MCL 324.30316 provides for the commencement of a civil action by the Attorney General to seek “appropriate relief, including injunctive relief” for permit violations, it does not state a period of limitations for bringing such actions.”
Dep't of Env't Quality v. Hernan F Gomez (Mich. Ct. App. 2016).
· cites it 13× “” Accordingly, given the absence of a statute of limitations in the NREPA, we reasoned: While MCL 324.30316 provides for the commencement of a civil action by the Attorney General to seek “appropriate relief, including injunctive relief” for permit violations, it does not state…”
Dep't of Env't Quality v. Gary Sancrant (Mich. Ct. App. 2021).
· cites it 4× “[3] MCL 324.30316 states, in part: (1) The attorney general may commence a civil action for appropriate relief, including injunctive relief upon request of the department under section 30315(1).”
Dep't of Env't Quality v. Eric Kirby & Sons LLC (Mich. Ct. App. 2021).
· cites it 2× “); Kohn v Ford Motor Co, 151 Mich App 300, 305-306 ; 390 NW2d 709 (1986) (upholding the change in venue from Wayne to Tuscola County where the bus accident occurred, the witnesses 2 MCL 324.30316(1) permits actions for violation of the NREPA to be filed in Ingham County.”
Dep't of Env't Quality v. Boyd Rhodes (Mich. Ct. App. 2024).
· cites it 2× “See Dep’t of Environmental Quality v Gomez, 318 Mich App 1 , 44; 896 NW2d 39 (2016); MCL 324.30316(1); MCL 324.30112(2). Part 303 of the NREPA provides that “the court may impose a civil fine of not more than $10,000.”
Boyce Hydro, LLC (Bankr. E.D. Mich. 2021).
· cites it 2× “30112, MCL 324.30316, and MCL 324.31525; h. An order reimbursing the State’s enforcement expenses, including litigation expenses and attorney’s fees; i.”
People of Michigan v. Alan N Taylor (Mich. 2014).
· cites it 2× “10 The decision concerning which of these sanctions to seek appears to be, for 10 MCL 324.30316 provides: (1) The attorney general may commence a civil action for appropriate relief, including injunctive relief upon request of the department under [MCL 324.”
— Mich. Comp. Laws § 324.30316(1) — 4 cases
Dep't of Env't Quality v. Hernan F Gomez (Mich. Ct. App. 2016).
“” Accordingly, given the absence of a statute of limitations in the NREPA, we reasoned: While MCL 324.30316 provides for the commencement of a civil action by the Attorney General to seek “appropriate relief, including injunctive relief” for permit violations, it does not state…”
Dep't of Env't Quality v. Eric Kirby & Sons LLC (Mich. Ct. App. 2021).
“); Kohn v Ford Motor Co, 151 Mich App 300, 305-306 ; 390 NW2d 709 (1986) (upholding the change in venue from Wayne to Tuscola County where the bus accident occurred, the witnesses 2 MCL 324.30316(1) permits actions for violation of the NREPA to be filed in Ingham County.”
Dep't of Env't Quality v. Boyd Rhodes (Mich. Ct. App. 2024).
“See Dep’t of Environmental Quality v Gomez, 318 Mich App 1 , 44; 896 NW2d 39 (2016); MCL 324.30316(1); MCL 324.30112(2). Part 303 of the NREPA provides that “the court may impose a civil fine of not more than $10,000.”
— Mich. Comp. Laws § 324.30316(2) — 2 cases
People of Michigan v. Alan N Taylor (Mich. 2014).
“10 The decision concerning which of these sanctions to seek appears to be, for 10 MCL 324.30316 provides: (1) The attorney general may commence a civil action for appropriate relief, including injunctive relief upon request of the department under [MCL 324.”
— Mich. Comp. Laws § 324.30316(3) — 2 cases
Attorney Gen. v. Harkins, 669 N.W.2d 296 (Mich. Ct. App. 2003).
“While MCL 324.30316 provides for the commencement of a civil action by the Attorney General to seek “appropriate relief, including injunctive relief” for permit violations, it does not state a period of limitations for bringing such actions.”
— Mich. Comp. Laws § 324.30316(4) — 1 case
Dep't of Env't Quality v. Hernan F Gomez (Mich. Ct. App. 2016).
“” Accordingly, given the absence of a statute of limitations in the NREPA, we reasoned: While MCL 324.30316 provides for the commencement of a civil action by the Attorney General to seek “appropriate relief, including injunctive relief” for permit violations, it does not state…”
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