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Department of Envtl. Quality v. Waterous Co.

ELR Citation: 38 ELR 20100
Nos. No. 272968, (Mich. Ct. App., 04/15/2008)

A Michigan appellate court affirmed a lower court judgment ordering a company to investigate and, if necessary, to clean up contamination at a former foundry operation. The company argued that the trial court erred in holding it liable for cleanup of the site to residential, rather than industrial, criteria based on the historical use of the site. But as Part 201 of Michigan's Natural Resources and Environmental Protection Act makes clear, the proper cleanup criteria should be consistent with the current zoning and use of the property at the time of remedial action. Because the property at issue allows for mixed residential/commercial use under current zoning law, any future cleanup must be conducted to meet residential zoning requirements.