County of Wayne, City of Romulus, and City of Taylor v Environmental Disposal
Systems and Department of Environmental Quality (06-606733-C)
On March 9, 2006, the city of Romulus and city of Taylor (Cities) filed a civil
complaint against Environmental Disposal Systems (EDS) and the Department of
Environmental Quality (DEQ) under Docket Number 06-606733-CE (Cities’
Complaint) in the Wayne County Third Circuit Court (Court). The Cities’
Complaint alleged that the DEQ decision to issue a Part 111 operating license to
EDS violated the Michigan Environmental Protection Act (now Part 17, Michigan
Environmental Protection Act, of the Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended, and improperly authorized EDS to
trespass and create a nuisance. On April 4, 2006, the County of Wayne filed a
second civil complaint (County’s Complaint) against EDS and the DEQ that made
the same allegations, and the lawsuits were consolidated into one case under
Docket Number 06-606733-CE.
On October 17, 2006, the Court heard oral arguments on the Department of
Attorney General’s filing of the DEQ’s Motion for Summary Disposition of the
Cities’ and County’s Complaints. As a result of this hearing, the Court dismissed
the civil complaint against the DEQ and the other state defendants. The Court
also took EDS’s Motion for Dismissal under advisement, and indicated the Court
would issue a ruling on EDS’s motion within 56 days.