PTD - High Hopes

S.O.S. DUNES NEWS
SAVE OUR SAND DUNES

Preserve the Dunes Newsletter February 15, 2010

Greetings!

   We may be vindicated when the Michigan Supreme Court issues its ruling in a case that it has just granted leave to appeal.
   This will be important to many future legal actions to protect the environment and natural resources of Michigan.
   This case, as did ours, points out how important the elections of judges are.

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PTD needs your financial support. We are approaching the time for a renewal of the sand dune mining permit at the Nadeau Site.We expect to file an amicus curiae brief in the case reported in this issue. These may well require significant expenses on our part.

Donations can be sent to PTD, P.O. Box 164, Riverside, MI 49084 or made with credit card or PayPal by selecting the Donate button below.

Remember we are a 501(c)3 organization and all donations are tax deductible.

Renewal of Hope
Michigan Supreme Court Signals Possible Reversal of PTD v DEQ

On January 29, the Michigan Supreme Court granted leave to appeal in a case that was in part decided on the basis of the court's 4-3 ruling in PTD v. DEQ and Technisand. In that 2002 decision the court overturned a 3-0 decision of the court of appeals that would have declared the permit invalid and stopped mining at the Nadeau Site in Hagar Township.

Our suit had been brought under the Michigan Environmental Protection Act (MEPA). The court concluded that 'the focus of MEPA is to protect our state's natural resources from harmful conduct." It then reasoned that issuing a permit (even an illegal one) could not be harmful conduct and was not covered by MEPA.

This logic was developed without any relevant briefing by either side and ever since has insulated DEQ permit decisions from scrutiny under the environmental protection act. The decision was contentiously argued. The court was strongly divided.

In the current case, the court has asked for briefing on, among other things, whether Preserve the Dunes v DEQ was correctly decided. We are consider this is an indication of the court's willingness to reverse its earlier decision and correct a piece of bad law.

West face of the Nadeau Site Sand Dune Mine in 2002.

"These dunes are to the Midwest what the Grand Canyon is to Arizona . . .
once lost, the loss would be irrevocable." Carl Sandburg

Sincerely,

Preserve the Dunes