A recent case provided the Michigan Supreme Court with its first opportunity to consider the state's Environmental Protection Act (EPA).¹ Although the Court was split by a broader issue involving the state constitution, the three Justices joining in the opinion of the court produced a highly significant discussion of the Act and its impact on highway condemnation procedures. Environmentalists view the decision as a major step forward in the law's development.

Michigan's Act has been highly controversial since it was passed in 1970. Key provisions grant standing to any person to bring suit to enjoin public or private action that would cause pollution or damage natural resources. When a plaintiff makes a prima facie showing that environmental harm is occurring or will occur, the court must enjoin the action unless the defendant demonstrates the lack of reasonable alternatives. Similar legislation has been enacted in six other states.