Opinion
SC: 154524 COA: 326485 SC: 154526
04-07-2017
SOUTH DEARBORN ENVIRONMENTAL IMPROVEMENT ASSOCIATION, INC., Detroiters Working for Environmental Justice, Original United Citizens of Southwest Detroit, and Sierra Club, Petitioners–Appellees, v. DEPARTMENT OF ENVIRONMENTAL QUALITY and Dan Wyant, Respondents–Appellants, and AK Steel Corporation, Appellee. South Dearborn Environmental Improvement Association, Inc., Detroiters Working for Environmental Justice, Original United Citizens of Southwest Detroit, and Sierra Club, Petitioners–Appellees, v. Department of Environmental Quality and Dan Wyant, Respondents–Appellees, and AK Steel Corporation, Appellant.
Order
On order of the Court, the applications for leave to appeal the July 12, 2016 judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral argument on whether to grant the applications or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether MCL 324.5505(8) and MCL 324.5506(14) prescribe the applicable time period for filing a petition for judicial review of the Department of Environmental Quality's issuance of the permit that the petitioners are seeking to challenge, and (2) if not, whether the issuance of that permit was a decision of that agency subject to the contested case provisions of the Administrative Procedures Act, such that the time period for filing a petition for judicial review set forth in MCR 7.119(B)(1) applies, rather than the time period established by MCR 7.123(B)(1) and MCR 7.104(A). The parties should not submit mere restatements of their application papers.
The total time allowed for oral argument shall be 40 minutes: 20 minutes for petitioners, and 20 minutes for respondent and AK Steel Corporation, to be divided at their discretion. MCR 7.314(B)(2).