Citizens Call for End to Obstruction of Environmental Justice in State Supreme Court

October 28, 2010, Traverse City.  Leaders and attorneys for state water protection organizations held a press conference before the historic State Theater late Thursday afternoon protesting a recent obstruction of legal arguments by some of the Justices once characterized as the “Gang of Four” by columnist George Weeks.

“After years of work and tens of thousands of dollars raised by ordinary citizens to bring one of the most important issues facing us  – water and environment – I was appalled that some of the Justices, led by Justice Young, wanted to argue issues having nothing to do with environment and water and denied us a fair debate,” said Terry Swier, President of Michigan Citizens for Water Conservation, the citizens group that won the historic 10-year battle against Nestlé for its massive water bottling operations.

“It was disturbing,” said Bruce Pregler, President of Anglers of the AuSable, “that the process seemed to trivialize one of the most profound questions facing us here in Michigan in the 21st century – the future of our lakes, streams, and the Great Lakes.”

Earlier this year, the Supreme Court ordered Anglers, and invited others like MCWC, to appear and present arguments on recent lower court decisions that denied citizens the right to sue government for environmental wrongs and opened the Great Lakes to exports.  Two weeks ago the Anglers and MCWC, two leading state water protection organizations, appeared before the Court to argue for the reversal of decisions that crippled Michigan’s water and environmental laws.  During the arguments, Justice Robert Young diverted the arguments to his own agenda over jurisdiction of the Court to hear the case, and drowned out the people’s voice to address the future of Michigan’s water and related environmental issues.

“It doesn’t matter what political party you’re in or what side of the argument you’re on, the takeover of oral arguments by some justices was taken by my clients as a deprivation of their right to petition and address these important questions,” said Jim Olson, the environmental attorney who argued the case for the Anglers before the Court.

“The denial of the rights of citizens and landowners to sue to protect the environment threatens Michigan with the loss of its water, serious pollution, and further economic decline,” said Mike Dettmer, former US Attorney and an attorney for MCWC.

“If we want  ‘pure justice,’ we need to elect newly appointed Justices, like Tom Davis or candidate Denise Langford-Morris to the Supreme Court,” Greg Reisig, President of Northern Michigan Environmental Council, said.

“If we want a ‘Pure Michigan,’” said Swier, “We don’t need our courts inviting big corporations or government to treat the Great Lakes like they did the Gulf of Mexico. The future of Michigan’s water and environment hinges on whom we elect to the Supreme Court. Judges like recently appointed Justice Tom Davis offer a new era of jurisprudence and justice for the people of Michigan.”

The Anglers of the AuSable, MCWC, NMEAC, and other state conservation organizations want to preserve the existing balanced access to the courts under the Michigan Constitution and laws so landowners’ and citizens’ air, water, and natural resources are protected from harm and abuse.

CONTACT: Terry Swier, President MCWC      (231) 792-8856

Bruce Pregler, Anglers of AuSable      (248) 813-9900

Greg Reisig, NMEA     (231) 264-8396

Jim Olson   (231) 946-0044

Mike Dettmer    (231) 946-3008

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