MIDLAND COGENERATION VENTURE LIMITED PARTNERSHIP v. Department of Environmental Quality

Order Michigan Supreme Court Lansing, Michigan January 27, 2009 Marilyn Kelly, Chief Justice 137109-10 & (70)(71) Michael F. Cavanagh Elizabeth A. Weaver Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman MIDLAND COGENERATION VENTURE Diane M. Hathaway, LIMITED PARTNERSHIP, Justices Plaintiff-Appellant, v SC: 137109-137110 COA: 282716, 282729 Midland CC: 07-002575-CE DEPARTMENT OF ENVIRONMENTAL QUALITY, DIRECTOR OF THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY, and CHIEF-AIR QUALITY DIVISION OF THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY, Defendants-Appellees, and THE DETROIT EDISON COMPANY and CONSUMERS ENERGY COMPANY, Intervening Defendants-Appellees. _________________________________________/ On order of the Court, the application for leave to appeal the July 8, 2008 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court. The motion for stay and other relief is DENIED. The motion for immediate consideration of that motion is GRANTED. I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. January 27, 2009 _________________________________________ l0120 Clerk