Court Limits Damage Claims: Decision in Water Case is Criticized
By Dawson Bell and Tina Lam, Detroit Free Press
Jul. 26–A divided Michigan Supreme Court on Wednesday limited the right of citizens to sue for environmental damages in a case involving a controversial water bottling plant in Mecosta County.
In a 4-3 ruling, the court said Michigan Citizens for Water Conservation and some individuals were entitled to sue Nestle Waters North America over claims of damages to the Dead Stream and Thompson Lake, because they owned property nearby. But the court said they couldn’t sue for several other nearby wetlands and waterways they didn’t own or use.
In a dissenting opinion, Justice Marilyn Kelly said the Legislature had given citizens a broad right to sue under the state’s 1970 environmental protection law and that the court should not second-guess that.
The Mecosta County water bottling plant has been the subject of bitter disputes and lawsuits, which the Supreme Court’s decision does not end. The plant also touched off a lengthy debate in the Legislature that continues today about whether Michigan water protection laws need to be upgraded.
Environmental groups were critical of the decision, citing past victories in environmental lawsuits that could be barred under the latest ruling.
One of those victories forced developers to comply with environmental standards in building condominiums along Lake Michigan in Manistee in the late 1990s.
“This puts Michigan at grave risk of losing its ability to enforce environmental laws and protect our natural resources,” since it will limit citizen lawsuits to protect the environment, said David Holtz, Michigan director of Clean Water Action.
Contact TINA LAM at 313-222-6421 or tlam@freepress.com.
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