Court narrows law environmental protection law
Environmental
[##_1L|1051337674.jpg|width="130" height="130" alt=""|_##]The Michigan Supreme Court on Wednesday put limits on a long-standing state law that allows Michigan citizens to sue over drilling, dredging and development they think would hurt the state's environment. The ruling came in a case involving an international corporation's right to take groundwater for its Ice Mountain bottling plant in Mecosta County. Local residents had sued Greenwich, Conn.-based Nestle Waters North America and its bottled water operation in 2001 over potential damages to nearby waterways.
In its 4-3 decision, the Supreme Court upheld Court of Appeals decisions that said the residents had the legal standing to sue the company over how its water withdrawals might affect the Dead Stream and Thompson Lake.
But it disagreed with the lower court's ruling that the residents also had the legal standing to sue over a nearby lake -- Osprey Lake Impoundment -- and three wetlands, saying residents didn't prove they used those areas.
Justice Marilyn Kelly criticized the majority's decision, writing in her dissent that "it extinguishes a valid cause of action for no reason other than its belief that the cause of action granted by the Legislature is too broad."
A Nestle spokeswoman said the court simply was being consistent with an earlier ruling that limited the law's scope.
But David Holtz, director of Clean Water Action Michigan, said the court's ruling makes it even more important to pass legislation protecting Michigan's waters. A package of bills was introduced this week in the state House to strengthen a permit system for water withdrawals.
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IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
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