Michigan Case Demonstrates Growing Importance of Courts for Water Issues

Michigan Case Demonstrates Growing Importance of Courts for Water Issues

Water is becoming an essential commodity in many countries. Climate change is one of the major reasons why water needs to be preserved. As a demonstration of the states commitment to ensuring that water is conserved, many lawsuits in relations to water use have been brought into courts. It is estimated that between 2009 and 2010 an approximate of 300% cases relating to climate change and green house emissions were brought before the courts (Katie 1). Water sources and great lakes are important in promoting economic vitality hence they require protection (Ken 3).

One of the cases that have demonstrated the need and the will to protect water is the Michigan case that was heard in December 2010. The case involved Anglers of the AU sable as the plaintiff v. Michigan department of environment quality and the merit energy company. The case concerned a conflict that ensued in 2005 when a permit was issued by Michigan department of quality to merit energy a-Houston based company to discharge its waste, approximately 1.15 million gallons of treated waste water per day (Katie 1). The treated waste water was to be discharged into Kolke creek – separate water shed that discharges or flows into AU Sable River that serves the local people.

The permit was contested by Anglers of the AU Sable- which is an environmental group that it contravened the environmental act and that it threatened the survival of fish as well as people who used it for their domestic purposes. In initial stage, the case favored Anglers of Au Sable as the court ruled the case on reasonable use. This ruling is a balancing test that sought to provide for equal benefits on the use of water by the state which is the owner and the people who use the water for other purposes. It therefore implied that the state had some rights to use the water to an extend that it did not cause harm or inconvenience to other users of the same water. The ruling was considerate to the need of restoring the public view and state ownership of resources important to everyone. This is called public trust doctrine and it holds that some of natural resources belong to all people in society and therefore cannot be used or owned by the sate of a private company as they are important to the society (Alexandra and Ling-yee 2). The contamination of water has direct effect on the lives of people hence influenced the ruling.

In the second round of hearing on 29 December, an ultimate verdict was reached by the court in close tie of 4-3 majority which favored the Angler group. The decision reached impacted on the previous rulings based on reasonable use. For instance, in the 2004 case in Michigan court that involved Preserve the dunes INC v. Department of environmental quality, private citizens were restricted and therefore were not permitted to file a suit when state misused permits to third parties who polluted the environment. It also re-examined the Michigan environmental protection act and suggested some changes. Furthermore, other former important rulings that were done in past cases that dealt with issues to do with water laws and rights were also overturned. The case therefore, demonstrated the need and the important of ensuring that water resources that provide benefit to the public are not contaminated. It also helped in creating clear understanding on the need to conserve water resources for the good of all the society.

The ruling also helped to enhance the value and regulate the use of property rights. State lakes, rivers and stream are some of the resources that lacked appropriate policies and laws to guide on their use. It therefore, provided precedent on the protection of state waters to be protected under public trust.

Works Cited

Alexandra Klass and Ling-yee Huang. Restoring the trust: water resources and the public trust doctrine, A manual for advocates, 2009. Print.

Katie, Horner. Michigan case Demonstrates Growing importance of Courts for Water Issues. 26 Jan. 2011. Web 12 Apri. 2012.

Ken, DeBeaussart. Mi Great Lakes Plan: our path to protect, restore and sustain Michigan’s natural treasures, 2009. Print.