Each of the questions discussed in this note revolve around the same basic issue: the propriety of vesting broad power in the courts to prevent environmental destruction, and to develop an environmental common law. The need for the broad standard of the Act derives from the complexity of the problem. The clear authority of the courts to decide cases which have been, or should have been dealt with by an administrative agency is important both for the relationship it establishes between citizens and agencies, and to insure that the policies of the Act will be implemented. In responding to these needs the legislature appears to have violated no constitutional barrier.
Roger L. Conner,
Michigan Environmental Protection Act,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol4/iss2/10