Bill Text: MI SJRBB | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Constitutional amendments; state; standing to bring a civil action to protect natural resources and the public trust in those resources; provide for. Amends sec. 52, art. IV of the state constitution.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2010-07-28 - Referred To Committee On Judiciary [SJRBB Detail]

Download: Michigan-2009-SJRBB-Introduced.html

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SENATE JOINT RESOLUTION BB

 

 

July 28, 2010, Introduced by Senators ANDERSON, WHITMER, BASHAM, BARCIA, CHERRY, OLSHOVE, HUNTER, CLARK-COLEMAN, THOMAS, CLARKE and SCOTT and referred to the Committee on Judiciary.

 

 

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by amending section 52 of article IV, to

 

allow any person to maintain an action in circuit court to protect

 

the natural resources of the state and the public trust in those

 

resources.

 

     Resolved by the Senate and House of Representatives of the

 

state of Michigan, That the following amendment to the state

 

constitution of 1963, to allow any person to maintain an action in

 

circuit court to protect the natural resources of the state and the

 

public trust in those resources, is proposed, agreed to, and

 

submitted to the people of the state:

 

ARTICLE IV

 

     Sec. 52. The conservation and development of the natural

 

resources of the state are hereby declared to be of paramount

 

public concern in the interest of the health, safety and general

 

welfare of the people. The legislature shall provide for the

 

protection of the air, water and other natural resources of the

 

state from pollution, impairment and destruction.

 

     Any person may bring or maintain a civil action in a court of

 

this state to protect the air, water, and other natural resources

 

of the state and the public trust in those resources from

 

pollution, impairment, or destruction or likely pollution,

 

impairment, or destruction. The legislature shall not limit the

 

damages that are recoverable in an action for natural resources

 

damages for the pollution, impairment, or destruction of the air,

 

water, and other natural resources of the state and the public

 

trust in those resources or in an action for economic damages

 

related to the pollution, impairment, or destruction of the air,

 

water, or other natural resources of the state or the public trust

 

in those resources.

 

     Resolved further, That the foregoing amendment shall be

 

submitted to the people of the state at the next general election

 

in the manner provided by law.