ANGLERS OF AUSABLE, INC. v. Department of Environmental Quality

Order Michigan Supreme Court
Lansing, Michigan

December 11, 2008 Clifford W. Taylor,
Chief Justice

137725 Michael F. Cavanagh
Elizabeth A. Weaver
& (17) Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
ANGLERS OF THE AUSABLE, INC., Stephen J. Markman,
MAYER FAMILY INVESTMENTS, LLC, Justices
and NANCY A. FORCIER TRUST,
Plaintiffs-Appellees,
v SC: 137725

COA: 284315

Otsego CC: 07-012072-AA

DEPARTMENT OF ENVIRONMENTAL
QUALITY,

Defendant-Appellee,

and
MERIT ENERGY COMPANY,

Defendant-Appellant.

_________________________________________/

On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the September 24, 2008 order of the Court of Appeals
is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we
REMAND this case to the Court of Appeals for consideration as on leave granted. The
Court of Appeals shall consider on remand (1) whether the Otsego Circuit Court erred in
finding that defendant Merit’s Certificate of Coverage exceeded the scope of the
Michigan Department of Environmental Quality’s July 23, 2004 General Permit; (2)
whether, by analyzing defendant Merit’s Certificate of Coverage under the Michigan
Environmental Protection Act (MEPA), MCL 324.1701 et seq., the Otsego Circuit
Court’s ruling of January 31, 2008 exceeded the proper scope of review of an
administrative ruling; and, if not, (3) whether the Otsego Circuit Court erred in basing its
MEPA ruling on the factual record developed in the parties’ separate circuit court action.
Human Rights Party v Michigan Corrections Commission, 76 Mich App 204 (1977). We
note that there are related cases pending in the Court of Appeals. Nos. 279301, 279306,
280265, and 280266.

CAVANAGH, WEAVER, and KELLY, JJ., would deny leave to appeal.

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.
December 11, 2008 _________________________________________
l1211 Clerk