On October 1, 1970, the Thomas J. Anderson, Gordon Rockwell Environmental Protection Act of 1970 took effect in the state of Michigan. See text of the act at 1 ELR 43001. Since that time, 13 lawsuits have been brought under the act, six of which were brought by units of state and county government. The first action filed under the act, a taxpayer's class action, has reached decision in a county court, which found portions of the act unconstitutional. See Roberts v. Michigan, 1 ELR 20227 (Mich. Cir. Ct. Ingham Co., May 4, 1971). See previous discussion in Summary and Comments, 1 ELR 10013, and the discussion below. See also 1 ELR Dig. 171.

A second action filed March 15, 1971, Muskegon County v. Environmental Protection Organization, Docket No. C-5585 (Muskegon Co. Circ., May 9, 1971), has also reached a final determination. In that case, the county of Muskegon planned a new sewage treatment project that involved tertiary treatment by spray irrigation. The project was opposed by citizens in the area of the proposed treatment site. They feared that since the water table is only a few feet below and surface, the liquid wastes would percolate so quickly through the soil that removal of contaminants would not be complete and pollution of the underground water would result. In March 1971, the county brought an action for declaratory judgment against the Environmental Protection Organization (the local citizens group that opposes the project) and all other taxpayers of the county, asking that the planned project be declared not to constitute a nuisance. The Environmental Protection Organization counterclaimed under the Environmental Protection Act. Trial was held May 4-9, 1971. The court held that the design of the system did not demonstrate that a nuisance or a violation of the Environmental Protection Act would result from its implementation. The court also reserved the power to reevaluate the plant once it is in operation if there is evidence that pollution is occurring.