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SIERRA CLUB MACKINAC CHAPTER v. DEPT. OF ENVIRONMENTAL QUALITY

Docket No. 269181.

747 N.W.2d 321 (2008)

SIERRA CLUB MACKINAC CHAPTER, Petitioner-Appellant, v. DEPARTMENT OF ENVIRONMENTAL QUALITY, Respondent-Appellee.

Court of Appeals of Michigan.

Decided January 15, 2008, at 9:10 a.m.

Attorney(s) appearing for the Case

Hicks, Mullett & Gregg, PLLC (by Liisa R. Speaker), Lansing, and Field Jerger, LLP (by Scott Jerger), Portland, OR, for the petitioner.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Alan F. Hoffman, Assistant Attorney General, for the respondent.

Before: WHITBECK, C.J., and TALBOT and ZAHRA, JJ.

WHITBECK, C.J.

I. Overview

Petitioner Sierra Club Mackinac Chapter (the Sierra Club) appeals by leave granted the trial court's order affirming a declaratory ruling issued by the Department of Environmental Quality (DEQ). The DEQ issued the declaratory ruling as a result of administrative proceedings brought by the Sierra Club challenging the DEQ's administration of certain elements of the Federal Water Pollution Control Act,1

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