METL Forges Ahead

The Michigan Environmental Trust Ltd. (METL) was formed in 1992 to combat the unchecked spread of Antrim gas field development. Antrim shale, a gas-bearing layer of rock lies under most of Michigan's Lower Peninsula, the development of which adversely affects the environment in many ways including:

Laying of pipelines contributes to the sedimentation of streams and wetlands
Well drilling often contaminates ground water
Road networks and gas transmission lines fragment forests and wildlife habitat
Operating equipment such as compressors and pumps pollute the air with noise and odor

Starting in the mid-eighties a combination of attractive economic and special tax benefits caused an unprecedented flurry of drilling - 4000 new wells in Montmorency County alone. This development threatened "to turn an area from Clare to the Straits into junk forest and junk landscape - a crazy quilt of roads, pads, and pipelines, only occasionally interrupted by trees," according to the Detroit Free Press.

Many feel that since the white pine devastation at the end of the last century there has not been an environmental threat to the state of Michigan as serious as the Antrim gas development.

METL became active when it was clear that although adequate regulations exist to prevent most of the abuses that occur in drilling situations like this, the Natural Resources Commission, and its enforcement arm, the Department of Natural Resources are woefully understaffed. As a result, drilling permits were issued that should have been rejected and absolute abuses, in clear violation of existing laws, were simply not addressed.

METL's attorney and environmental activist (and board member of The Anglers), Dick Daane, stepped in to stop this destruction. He filed lawsuits immediately; not against the oil and gas companies, but against state regulators who should have been doing the job they have been charged with. Thanks to the determination and courage of METL's founders and the support of allied groups like the Michigan Council of Trout Unlimited and the Anglers of the Au Sable, METL was able to act quickly and prevail in court. This process took three years and resulted in two key rulings:

Pipelines now must be installed by boring horizontally beneath streams and wetlands. If the DNR decides to permit a gas producer to trench through a stream or wetland, the DNR must then give METL a ten-day notice. Within that period, METL may ask the court to deny the permit. At this time the court limited METL's power to contest surface pipeline crossings to fifteen counties in the Northern Lower Peninsula.
The spacing density of Antrim wells in twenty-two counties of the Northern Lower Peninsula must now be at least eighty acres per well. Prior to this ruling, wells could be spaced as close as one per forty acres.

While METL is proud in helping to obtain these court rulings, it faces a long term battle to protect Michigan's environment. The state continues to lease state and private lands for drilling oil and gas. Private owners who do not own mineral rights associated with their land have little control over what the state allows drillers to do on their land. This includes drilling wells, disposing of drilling wastes, constructing roads, laying pipelines, and operating collection production facilities.

As more wells are drilled, METL expects to contest some DNR permits that would allow a producer to trench a stream or wetland. METL anticipates being in court to restrain gas development in the unprotected counties of the southern Lower Peninsula, over the next decade. At least one well has been drilled in both Hillsdale and Ingham counties. Drilling and production is certain to take place throughout the entire lower peninsula.

The battle has just begun. While METL has won the right to oppose the issuance of drilling permits and has already successfully opposed or modified applications for the same, it is costly and time consuming. Litigation must be financed, expert witnesses must be hired, and ongoing watchdog strategies must be in place.

Vigilance doesn't take place in a vacuum.

While early efforts had to involve litigation and the raising of emergency funds, the challenge facing METL now is the development of a strong organization which perpetuates itself and which allows for a continuing oversight presence in Michigan's environmental arena.

METL has purposely kept its goals focused and simple so it doesn't duplicate efforts of other groups. Compliance efforts, monitoring of drilling activities, and the attendant activities required in its "watch-dog" responsibilities remain its first priority. Permanent and perpetual funding is required to determine its future direction.

METL has been successful in blunting the unregulated Antrim Play. It now needs your help to continue its mission.

For more information you can write Michigan Environmental Trust Ltd., P.O. Box 760246, Lathrup Village, MI 48076-0246. RWOL

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