Wetlands in Meridian Twp. | Susan J. Demas
The Sixth Circuit Court of Appeals last week issued an opinion affirming that the Michigan Department of Environment Great Lakes and Energy (EGLE) has the authority to conduct inspections to ensure compliance with their rules, following a lawsuit accusing the department of violating the Fourth Amendment by taking soil and water samples without a warrant.
The case is tied to another lawsuit filed by Attorney General Dana Nessel on EGLE’s behalf accusing P&P Contracting Services, Inc., its president and director and its operator of unlawful destruction of wetlands.
According to a statement from the Attorney General’s Office, the contracting company hauls and disposes of production waste from sugar beet processing in Bay County.
In late summer or early fall of 2020, the company’s operator, Paul Satkowiak, acquired an interest in a roughly 15.84-acre piece of property in Bay County, largely made up of regulated wetlands. P&P Contracting Services, Inc. allegedly dredged and drained surface water from the wetlands and filled nearly five acres of the wetlands with harmful sugar beet production waste among other substances.
In July 2023, the Ingham County Circuit Court issued an injunction barring Paul Satkowiak, P&P Contracting Services, Inc. and President and Director Prizza Satkowiak from taking further illegal action on the property and allowing EGLE to ensure compliance with the injunction.
After EGLE collected soil and water samples Paul Satkowiak filed a lawsuit in the U.S. District Court against the EGLE personnel who completed the inspection, alleging they had unlawfully seized the samples.
The Michigan Attorney General successfully argued the inspection was conducted under a valid court order, with the Court of Appeals upholding the lower court’s decision.
“EGLE’s ability to conduct environmental inspections under state court orders is vital to holding bad actors accountable and protecting Michigan’s wetlands and natural resources,” Nessel said in a statement. “I am pleased the Sixth Circuit has affirmed EGLE’s authority to ensure regulated wetlands are being preserved. We look forward to a resolution in this case that safeguards our state’s precious freshwater resources.”
Nessel’s case against P&P Contracting Services, Inc., Paul Satkowiak, and Prizza Satkowiak remains pending in Ingham County Circuit court, seeking to hold the defendants accountable under the Michigan Natural Resources and Environmental Protection Act and restore the wetlands to their previous condition.
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