CEI appeal to supreme court denied

The Michigan Supreme Court has refused to hear an appeal brought by a local citizens group, Citizens for Environmental Inquiry (CEI). The application for ?leave to appeal the Feb. 9 2010 judgment by the Court of Appeals is considered and it is denied,? stated an order from the supreme court dated Sept 9.

The court took no action ?because we are not persuaded that the questions should be reviewd by this cour

t,? the order read. CEI?s legal counsel Joseph P. Swallow explained that the issue on appeal is whether or not a citizen can maintain a lawsuit against a State agency for refusing to follow a legislative mandate that they regulate the pollutant carbon dioxide (CO2). ?The order of the Supreme Court did not affirm the decision of the Court of Appeals,? Swallow, a retired judge and former state representative, said. ?The order denied the appeal on the grounds that the supreme court was not persuaded that the questions presented should be reviewed, which leaves the questions open for future review in another case.?

Swallow said the decision means that a citizen?s group is not permitted to bring a lawsuit against the state which ?seeks to require performance of a legal duty by the state, even when the duty has been mandated by the legislature.? ?In legal terminology, it means a citizens group is without standing to bring this lawsuit. This decision reflects a tenor of the time in which we live.? The Court of Appeals held that they were required by binding decisions of the Supreme Court to not allow a citizen?s lawsuit questioning the administrative action of a State agency, i.e. the administrative failure to regulate CO2.