MI HB5819

Allows persons or local governments whose health or environment is adversely affected by a facility release to file civil actions in circuit court against owners, operators, or directors for violations of the Natural Resources and Environmental Protection Act.

Requires plaintiffs to provide 60 days' written notice to the department, attorney general, and proposed defendants before filing suit, stating the intent to sue, basis for the suit, and relief requested.

Prohibits civil actions if the state has commenced or is diligently prosecuting judicial action or has entered into and is diligently enforcing an administrative order or legally enforceable agreement concerning the facility.

Grants circuit courts jurisdiction to award injunctive relief, enforce compliance, impose civil fines, and order directors to perform nondiscretionary duties, with civil fines deposited in a designated fund.

Allows courts to award costs of litigation, including reasonable attorney and expert witness fees, to the prevailing or substantially prevailing party if appropriate.