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Judge, distill for us the nut of the decision. Why was it important?

The most important part of that decision, from my point of view, is it put the law back to where it had been prior to decisions of the [Michigan] Supreme Court in the last couple of years, decisions that had changed the application of the law dramatically.

The court was ignoring requirements of the statute passed during the Milliken administration that recognized the importance of the environment in the state constitution and to the people of Michigan. The law made it clear that any person in the state perceiving environmental damage could file suit to alleviate it.

Just to be clear, the court did not say the statute was unconstitutional, they just ignored that key provision?

Correct, they just ignored the statute, which caused a great deal of problems.

You have some important connections to the Au Sable River and Northern waters. Tell us about that.

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For 20 years, my family lived on the East Branch of the Au Sable, then we moved to Lake Margrethe [nearby]. Being a Michigan person, and in particular a Northern Michigan person, I have a deep appreciation for the sanctity of the environment.

So how did this decision, so central to your experience and ideals, end up in your hands to write?

It was purely serendipitous. If you are one of the judges in the majority, they have an entirely random draw. It’s a strange system that I’m not at liberty to discuss. So I stood there and watched it happen, and it was just astonishing that it came to me.

We learned recently that the attorney general is trying to persuade the supreme court to re-open the decision, to reverse it. Were you surprised to hear that?

Well, the minority in the case was not happy somebody was going to correct the course. But they were in the minority. Now there are two new people on the court, but there is no point in speculating on whether the court will take up the case.

I am mildly surprised at the speed at which the attorney general found it necessary to pursue it. What accounts for that I don’t know.—J.S.