Lawsuit between CEI and DEQ dismissed in Ingham court

Even though its lawsuit didn?t go as well as it could have, Citizens for Environmental Inquiry (CEI) remains firm in its convictions. According to the group?s legal council, retired Judge Joseph Swallow, the group respects the decision to dismiss the case, but the facts still remain for the lawsuit. ?If the state allows six new coal plants to be built without safeguards, more than seven million new tons of carbon dioxide pollution will be released annually,? Swallow said.

IN A SUIT filed in Ingham County Circuit Court, CEI requested the Michigan Department of Environmental Quality (MDEQ) to ?promulgate regulations to limit emissions of carbon dioxide (CO2).? The request expressed concerns for global warming, the court order stated, and more specifically, Plaintiffs stated they were ?immediately concerned over the intentions of Wolverine Power?to build a coal-fired power plant in Presque Isle County and particularly how unregulated CO2 from that plant will negatively impact the ambient air quality of Michigan.? After receiving a similar request from the Environmental Law and Policy Center in November of last year, the MDEQ informed both groups it would review both requests. Then on February 22, the MDEQ sent a letter to CEI denying the request to limit CO2 emissions.

?The letter explained other actions the state was taking at the time to address climate change and greenhouse gas emissions from all sources, including coal plants,? said Ingham County Circuit Judge William E. Collette in his opinion order dated June 11 out of the 30th Judicial Circuit Court.

FURTHER, THE court document says, the MDEQ informed CEI that the Michigan Climate Action Council, formed by Gov. Jennifer Granholm to develop a comprehensive climate action plan for Michigan, ?will prepare its preliminary recommendations and goals by April 30 with final recommendations and goals to follow by December 31, 2009.? Judge Swallow said this action might come too late. ?The average life of a coal plant is estimated at 30 years and the pollutants will remain in the atmosphere for an average of 50 years after its release,? he said. ?That is a lot of pollution, which will tragically impact the environment for generations to come.?

In granting the motion for summary disposition, the court said it lacks jurisdiction in the matter. The MDEQ fulfilled its obligation to answer the CEI request, as required by law, and the denial to act, the court said, ?was

based upon Michigan?s current actions to address climate change and greenhouse gas emissions, as well as the work being conducted by the Michigan Climate Action Council.? CEI argued the court did have jurisdiction under the ?common law of mandamus,? an extraordinary right to enforce clear legal duties.

JUDGE COLLETTE ruled mandamus did not apply in this case. Citing a state statute Judge Collette said the MDEQ is not required, in this case, ?to promulgate runs specifically prohibiting or limiting CO2 emissions, it states instead that the MDEQ shall issue rules controlling or prohibiting air pollution generally.?

The judge ruled CEI has ?been given what they are entitled to under law, the opportunity to request certain rules and a full explanation upon denial of such request. Plaintiffs fail to demonstrate a clear legal right to any further action on the part of the MDEQ.? The plaintiffs named were Citizens for Environmental Inquiry, a non-profit corporation, and Byron DeLong, Thomas Harkleroad, William Lewis, John Plath, Jean Veselenak, and Charles Winters.