West Michigan Environmental Action Council v. Natural Resources Commission

Blair Moody, Jr., J.

The issue is whether plaintiffs have made a prima facie showing under the Michigan environmental protection act, MCL 691.1201 et seq.; MSA 14.528(201) et seq., that the drilling of ten exploratory wells in the Pigeon River Country State Forest will constitute a likely impairment or destruction of natural resources. We hold:

I) that the question of the likely effects of the ten exploratory wells was properly before the trial court;

II) that the trial judge erred in deferring to the Department of Natural Resources conclusions as to the likelihood of impairment of natural…