Restricting MI Environmental Agencies’ Ability to Hold Polluters Accountable

HBs 4073 and 4421 would make it harder for Department of Natural Resources (DNR) and Department of Environment, Great Lakes, and Energy (EGLE) employees to investigate pollution, illegal dumping, and other violations on non-residential property by restricting the use of the Open Fields Doctrine. Limiting this authority would put Michigan out of step with national practice and make it harder to hold polluters accountable for contaminating Michigan’s air, water, and land.

The Open Fields Doctrine is a standard set in a case decided before the U.S. Supreme Court that allows agencies to access private open fields without a warrant. The U.S. Environmental Protection Agency (EPA) and agencies in every other state have long utilized the Open Fields Doctrine. Michigan LCV opposes efforts to restrict the use of the Open Fields Doctrine by state environmental agencies, including the DNR and EGLE, because these proposals unfairly target the agencies’ ability to enforce the law and protect shared natural resources. The right ways to ensure fair enforcement would be strengthening internal accountability, enforcing clear procedures, and ensuring public transparency.