South Dearborn Environmental Improvement Assn v. Deq

Michigan Supreme Court

South Dearborn Environmental Improvement Assn v. Deq

DecidedApril 7, 2017

Docket154524

StatusPublished

This text of South Dearborn Environmental Improvement Assn v. Deq (South Dearborn Environmental Improvement Assn v. Deq) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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South Dearborn Environmental Improvement Assn v. Deq, (Mich. 2017).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

April 7, 2017 Stephen J. Markman, Chief Justice

154524 Robert P. Young, Jr. 154526 Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, SOUTH DEARBORN ENVIRONMENTAL Justices IMPROVEMENT ASSOCIATION, INC., DETROITERS WORKING FOR ENVIRONMENTAL JUSTICE, ORIGINAL UNITED CITIZENS OF SOUTHWEST DETROIT, and SIERRA CLUB, Petitioners-Appellees, v SC: 154524 COA: 326485 Wayne CC: 14-008887-AA DEPARTMENT OF ENVIRONMENTAL QUALITY and DAN WYANT, Respondents-Appellants, and AK STEEL CORPORATION, Appellee.

_________________________________________/ SOUTH DEARBORN ENVIRONMENTAL IMPROVEMENT ASSOCIATION, INC., DETROITERS WORKING FOR ENVIRONMENTAL JUSTICE, ORIGINAL UNITED CITIZENS OF SOUTHWEST DETROIT, and SIERRA CLUB, Petitioners-Appellees, v SC: 154526 COA: 326485 Wayne CC: 14-008887-AA DEPARTMENT OF ENVIRONMENTAL QUALITY and DAN WYANT, Respondents-Appellees, and AK STEEL CORPORATION, Appellant. 2

_________________________________________/

On order of the Court, the applications for leave to appeal the July 12, 2016 judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral argument on whether to grant the applications or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether MCL 324.5505(8) and MCL 324.5506(14) prescribe the applicable time period for filing a petition for judicial review of the Department of Environmental Quality’s issuance of the permit that the petitioners are seeking to challenge, and (2) if not, whether the issuance of that permit was a decision of that agency subject to the contested case provisions of the Administrative Procedures Act, such that the time period for filing a petition for judicial review set forth in MCR 7.119(B)(1) applies, rather than the time period established by MCR 7.123(B)(1) and MCR 7.104(A). The parties should not submit mere restatements of their application papers.

The total time allowed for oral argument shall be 40 minutes: 20 minutes for petitioners, and 20 minutes for respondent and AK Steel Corporation, to be divided at their discretion. MCR 7.314(B)(2).

I, Larry S. Royster, 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. April 7, 2017 t0404 Clerk

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Order Michigan Supreme Court Lansing, Michigan

April 7, 2017 Stephen J. Markman, Chief Justice

154524 Robert P. Young, Jr. 154526 Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, SOUTH DEARBORN ENVIRONMENTAL Justices IMPROVEMENT ASSOCIATION, INC., DETROITERS WORKING FOR ENVIRONMENTAL JUSTICE, ORIGINAL UNITED CITIZENS OF SOUTHWEST DETROIT, and SIERRA CLUB, Petitioners-Appellees, v SC: 154524 COA: 326485 Wayne CC: 14-008887-AA DEPARTMENT OF ENVIRONMENTAL QUALITY and DAN WYANT, Respondents-Appellants, and AK STEEL CORPORATION, Appellee.

_________________________________________/ SOUTH DEARBORN ENVIRONMENTAL IMPROVEMENT ASSOCIATION, INC., DETROITERS WORKING FOR ENVIRONMENTAL JUSTICE, ORIGINAL UNITED CITIZENS OF SOUTHWEST DETROIT, and SIERRA CLUB, Petitioners-Appellees, v SC: 154526 COA: 326485 Wayne CC: 14-008887-AA DEPARTMENT OF ENVIRONMENTAL QUALITY and DAN WYANT, Respondents-Appellees, and AK STEEL CORPORATION, Appellant. 2

_________________________________________/

On order of the Court, the applications for leave to appeal the July 12, 2016 judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral argument on whether to grant the applications or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether MCL 324.5505(8) and MCL 324.5506(14) prescribe the applicable time period for filing a petition for judicial review of the Department of Environmental Quality’s issuance of the permit that the petitioners are seeking to challenge, and (2) if not, whether the issuance of that permit was a decision of that agency subject to the contested case provisions of the Administrative Procedures Act, such that the time period for filing a petition for judicial review set forth in MCR 7.119(B)(1) applies, rather than the time period established by MCR 7.123(B)(1) and MCR 7.104(A). The parties should not submit mere restatements of their application papers.

The total time allowed for oral argument shall be 40 minutes: 20 minutes for petitioners, and 20 minutes for respondent and AK Steel Corporation, to be divided at their discretion. MCR 7.314(B)(2).

I, Larry S. Royster, 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. April 7, 2017 t0404 Clerk

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South Dearborn Environmental Improvement Assn v. Deq, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-dearborn-environmental-improvement-assn-v-deq-mich-2017.