Hi, My name is Ed Highfield. I am the treasurer for the Michigan Waterfront Alliance (MichiganWaterfrontAlliance.com) and am asking you to contribute to this most critical effort to save Michigan's Lakes and Streams. Please read following letter from the MWA president Bob Frye.
The MWA board of directors has voted to file an amicus brief in a case pending with the Michigan Supreme Court where the core issue is whether private citizens can use Michigan Natural Resources Environmental Protection Act (MNREPA) to judicially review EGLE (Department of Environment, Great Lakes, and Energy) permitting actions.
This quote from MWA Attorneys, Dane Carey and Bill Carey, explains it very well: “The MWA has a unique and compelling amicus position to present. MWA is in a sincere position to advocate on the public trust position based upon its prior experiences with EGLE. MWA has worked for several years now to lobby EGLE from negligently introducing AIS into Michigan lakes. The results of the lobbying have not been too successful. MWA, in its amicus argument, can, in good faith, represent to the Supreme Court that the MWA has tried and failed administratively to convince EGLE that its actions are MNREPA (Michigan Natural Resources Environmental Protection Act) violations. We need to therefore be able to have a legal theory (public trust thru MNREPA) to sue EGLE to obtain relief.”
The disregard for the spread of aquatic invasives by the DNR is illustrated in the permitting process of a new public access site on Eagle Lake-where the administrative law judge agreed with the DNR that is not responsible for preventing the introduction of AIS at its newly permitted access ramp into Eagle Lake. The position of the DNR in the Eagle Lake matter shows the failure of the DNR to take responsibility for protecting the Public Trust as it pertains to Michigan’s lakes and Streams.
If the outcome of the filing of this amicus is successful and the Supreme Court rules that citizens can use MNREPA to file a court case it would truly be a game changer and a great boost to protecting the public trust.
The legal fees for this filing are estimated to be approximately $15,000. The MWA Board has voted to start a goal-specific fundraising effort. Our goal is to raise the $15,000 in addition to the regular dues. Please give generously!
Bob Frye, MWA, President