- Posted August 21, 2013
- Tweet This | Share on Facebook
Judge rejects challenge to W. Michigan gas leases

HASTINGS, Mich. (AP) -- A judge has dismissed a lawsuit by opponents of oil and gas drilling on state land in western Michigan, saying the challenge to possible "fracking" came too early.
The "mere act" of the state approving leases doesn't mean there's an imminent threat to the environment, said Barry County Circuit Judge Amy McDowell.
A group called Michigan Air Land Water Defense argued that the Department of Natural Resources first needs to assess the impact of hydraulic fracturing or "fracking." It involves pumping water, sand and chemicals underground to break open shale rock and release natural gas.
The lawsuit mentions leases in the Allegan State Game Area, the Barry State Game Reserve and Yankee Springs Parks and Recreation Area. McDowell said lease holders are not close to moving into a drilling stage.
"The court is not able to consider a violation of the public trust at this time as the DNR has merely issued a non-developmental lease permit," she wrote. "The DNR therefore has not engaged in an activity that has actually harmed the public trust in these resources or is likely to do so."
Attorney James Olson said the group is considering its options.
"We do intend to seek clarification from Judge McDowell because the opinion lacks any reference to law or facts that were presented in the case under the court rules," he told MLive.com.
The judge last week said her decision only covers state land in Barry County. Other public land is in neighboring counties.
Published: Wed, Aug 21, 2013
headlines Oakland County
- Whitmer signs gun violence prevention legislation
- Department of Attorney General conducts statewide warrant sweep, arrests 9
- Adoptive families across Michigan recognized during Adoption Day and Month
- Reproductive Health Act signed into law
- Case study: Documentary highlights history of courts in the Eastern District
headlines National
- Oscar vs. Jeff: Trial lawyers and appellate counsel do different jobs, and it may show in their writing
- ‘Can a killer look like a granny?’ Prosecutor poses questions as mother-in-law of slain law prof goes on trial
- ILTACON 2025: The Wild, Wild West of legal tech
- After striking deal with Trump, this BigLaw firm worked with liberal groups to secure pro bono wins in 2 cases
- ‘Early decision conspiracy’ among top colleges is an antitrust violation, suit alleges
- Striking the Balance: How to make alternative fee arrangements work for everyone