Supreme Court Denies Merit Energy Motion to Dismiss Anglers’ Appeal in Kolke Creek

While most of us have been trudging through a Hex induced haze, or wishing we were, the wheels of justice kept on grinding. On June 18th, the Michigan Supreme Court denied Merit Energy’s motion to dismiss the appeal by Anglers to argue rulings made by the Michigan Court of Appeals during last year’s court case involving the applicability of theGeneral Permit issued to Merit for the Hayes 22 remediation.  Merit argued the case was moot since the major factors had been decided, but given the issues of public concern involved the Supreme Court rule against them in a 4-3 vote.

At first glance at this headline most would say, “Why were we appealing?  Didn’t we win this case?”  

Yes, we did, both cases actually.  

Remember, one case involved the method employed by MeritEnergy to remediate Hayes 22 – the official name for the central processing facility – and dispose of the processed water through a pipeline that led, eventually, to Kolke Creek and the Au Sable River.

The second case concerned whether the processed water Merit planned to release could be covered under a General Permit.  Anglers argued the General Permit was designed to cover cleanup of by-products from leaking storage tanks, but not effluent from contamination as a result of oil and gas processing.

Anglers ultimately prevailed in the end because, on a technical basis, it was found that the permit was wrong.  In the process several rulings were made that Anglers felt were too important to be left standing.  These are involved in nature and will be outlined at length in RIVERWATCH 58.  

At that point – and only then – Merit renounced any further interest in using the pipeline or any right to do so in the future.  Indeed, they have dismantled the “Pipeline to Nowhere” as John Bebow referred to it.  

Having done that the Energy Company filed a motion that the any further issues in the case were moot.  We opposed that motion because of the rulings by the Court of Appeals regarding certain aspects of water law, including the ability to sue DEQ, now DNRE.

Merit felt those rulings had nothing to do with the specifics of the permit case and filed a motion to dismiss Anglers motion to appeal the decisions.  We opposed that argument because the decisions for Michigan water law made by the Court of Appeals could affect future cases such as this one.  We appealed to the Supreme Court to grant us the right to argue our case to them.

The Supreme Court has agreed with us that the rulings are not moot and the case continues.
 
We will keep you posted through this website and The RIVERWATCH. 

Savoy Energy and the Mason Tract - Update

The Forest Service has filed a Notice of Intent to prepare an Environmental Impact Statement (EIS) for the South Branch 1-8 well.  We knew this was coming since last fall and we were ready.  The next step involved comments on the scoping, in essence what will be analyzed by the Forest Service. We needed to tell the Forest Service what our concerns are and we need to ensure that the scoping was thorough and on point.   

Scoping comments are were sent to the Forest Service on April 26th.  This was done in conjunction with The Sierra Club.  See the following link for the  EIS:  EIS - April 2010

We are not opposed to drilling.  It's where they want to drill and how they want to do it.  See the Sierra Club and Anglers response:  EIS Response - 26 April 2010

 

---

 The Au Sable lost the best friend it ever had. Calvin “Rusty” Gates Jr., "Da Gator" to his legion of acquaintances, passed away on 19 December 2009. Things in this beautiful valley will never be the same.

 
Once in a lifetime there is someone that touches your life in so many ways. Rusty Gates was one of those people. His spirit and tenacity had an affect on everyone involved in environmental causes, from hikers to hunters to the many of us who came here to cast a fly far and fine. He was a fighter and it was the good fight that he chose to engage; catch and release on the Holy Waters, National Guard noise pollution on the North Branch, oil wells on the South Branch, and toxic chemicals on the Big Water. Da Gator led the way. A tap on the shoulder, a glance from those blue/grey eyes, a short conversation; that was usually all it took. We set to our tasks with a brio, partly from the cause, partly not to let him down.

He had all the connections and could accomplish more in a phone call than anyone else could do in six months of work. Where would we be without him these last 20 plus years?

A man of character and courage, he brought both, as well as his wry sense of humor, to his final battle. In the end, only his body gave out, Rusty’s spirit remained indomitable.

Rusty Gates has left us as a leader, but left a legacy as big as the river. The vigilance that he began will go on!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

John Russell of Great Lakes Images is the official photographer for Anglers of the Au Sable.  Our sincerest thanks to all that have contributed pictures.  With this note we acknowledge each and every one of you and appreciate your contribution.