Anglers' Fight for Kolke Creek Deserves Support
Michigan LCV worked hard on a Supreme Court race for a reason. We understand very clearly how important Michigan's highest court is in defending our state's natural resources.
Unfortunately, Supreme Court Justice Alton Thomas Davis (appointed by Governor Granholm in summer 2010) was not elected, resulting in a remarkably short four-month tenure on the Court. In that brief time, however, Judge Davis penned a significant majority opinion that overruled a lower court decision which said, basically, that citizens could not bring suits against the Michigan Department of Environmental Quality (MDEQ) for issuing permits authorizing harm to the air, water and natural resources. Only ACTUAL harm to the environment, the lower court decided, could trigger the Michigan Environmental Protection Act and allow for such citizen suits.
The December 2010 Supreme Court decision penned by Justice Davis turned this decision on its head, ruling in favor of the Anglers of the AuSable in their "Kolke Creek" case related to Merit Energy's MDEQ permit to discharge wastewater into a tributary of one of the state's most majestic cold water rivers.
Bravo, Judge Davis, right?
Well, yes. But, the celebrating came to abrupt end in January 2011. Welcome to the newly elected (and appointed) Supreme Court of 2011. Under the leadership of Supreme Court Justice Bob Young, the court is now poised to reconsider the "Kolke Creek" case in an attempt to reverse the fine work of Justice Davis.
Such a reversal will also overturn a connected 2007 lower court decision --- or "overruling" --- that prevented citizens from suing in relation to Nestle Corp.'s extraction of Michigan's water and the potential damage that would cause to groundwater resources. So much for a citizen's right to speak out against the potential pillaging of our waters, air and land. Michigan's newest Supreme Court circa 2011 is poised to take that right away ... again.
The Anglers of the AuSable and citizens across the state, are rightfully outraged by Attorney General Bill Schuette's suggestion that the "Kolke Creek" decision needs to be reviewed and reconsidered.
Yet, the paperwork has already been submitted with support by Merit Energy (what a surprise) and an amicus brief has been turned in on behalf of the Michigan Manufacturers Association. It's time to make sure that the voices of concerned citizens are heard loudly and clearly in the offices of Attorney General Bill Schuette. If you want more information on this issue, check out the Anglers' site and their call to action.
--- Photo: Citizen rights to sue for harmful pollution may go "belly up" in Michigan. Credit: k.steudel, Flickr.
