City of Port Huron v. Amoco Oil Co.

Following a bench trial, defendants appeal as of right from the judgment awarding plaintiff approximately $1.25 million in a private cost recovery action under the Michigan Environmental Response Act (mera), MCL 299.601 et seq.; MSA. 13.32(1) et seq., while plaintiff cross appeals the order denying its motion for attorney fees. We affirm.

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On appeal, defendants first argue that the trial court erred in failing to rule that under the mera, plaintiff could not recover the costs incurred in voluntarily remediating contamination on the property fonnerly owned by defendants (the Amoco site) unless…