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May 13, 2008

politics, courts and Great Lakes

An excellent new report helps document how contributions and expensive campaigns are turning the judiciary of some Great Lakes states into the last refuge of corporate scofflaws. Anyone who thinks state courts don't have much to do with environmental protection should just refer to the July 2007 Michigan Supreme Court ruling (by a 4-3 margin) nullifying a key provision of the 1970 Michigan Environmental Protection Act. The essence of the ruling was that a law saying 'any' citizen could sue to protect the environment really meant only some citizens could sue. This ruling pleased polluters who have disliked MEPA since it was passed. Interestingly, a member of the Michigan Supreme Court majority, Cliff Taylor, is up for re-election this year. 'Independent' expenditures on his behalf are likely to total in the millions. They won't come from advocates of strong conservation and environmental laws.

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