Wes, I rarely publicly admit that I'm a lawyer, but alas, I am. For years, I have been wondering about the use of various common law causes of action in environmental cases. I'm not an environmental lawyer, just a regular corporate lawyer. And I wouldn't be surprised if the environmental groups (like NRDC) have already explored this. (I do know that groups like NRDC have established their standing under federal environmental laws to challenge private conduct.) But I would bet if you filed a private lawsuit alleging "public nuisance" (a private cause of action in all states, I believe), there wouldn't be anyone smart enough to figure out whether it should or shouldn't be allowed to proceed. That usually means you win, at least on the first round. I'd be happy to offer some informal advice or suggestions. I'm not admitted in Michigan (just in NY, and in lots of federal districts around the US), so I can't "officially" give legal advice under Michigan law, but I'm just as fed up with it as you are. My home state of North Carolina has the same "pro farmer" problem. And my adopted state of Maine has a similar range of problems, with the strong support of lobstermen and fishermen (whom I respect greatly, but not all of whom are sufficient aware of environmental problems) sometimes overshadowing other, more important issues. Drop me a note if you want to talk about it. Mark Lane *************************************************************************** PaddleWise Paddling Mailing List - All postings copyright the author and not to be reproduced outside PaddleWise without author's permission Submissions: paddlewise_at_lists.intelenet.net Subscriptions: paddlewise-request_at_lists.intelenet.net Website: http://www.paddlewise.net/ ***************************************************************************Received on Thu May 11 2000 - 05:58:07 PDT
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