Browsers that can not handle javascript will not be able to access some features of this site.
Skip Navigation
Attorney General Web SiteMichigan.gov, Official Portal for the State of Michigan
Michigan.gov Home AG Home | Site Map | Contact AG | Related Links | Online Services | FAQ
Printer Friendly Version Printer Friendly   Text Only Version Text Version Email this page Email Page
Cox Expands Fight to Protect Michigan Waters

Contact:  Rusty Hills, Media Contact 517-373-8060
Agency: Attorney General


Attorney General Press Release

January 13, 2005

            LANSING -- Michigan Attorney General Mike Cox announced today he has filed a friend-of-the-court brief in the United States Supreme Court in an effort to preserve long-standing protections provided to Michigan waters by the federal Clean Water Act.

            "Michigan's water resources, especially the Great Lakes, are Michigan's greatest treasure," Cox said.  "Everyone must join together to protect them."

            Cox has joined 34 other states and the District of Columbia arguing for continuing protection under the Clean Water Act for the nation's water resources, including wetlands and waterways.  Cox's brief supports the federal government's arguments that Congress intended the Clean Water Act to cover wetlands adjacent to tributaries.

            "Michigan is the Great Lakes State," Cox said.  "But those lakes will only stay great if we protect the rivers, streams, and wetlands that flow into them."

            Two cases scheduled to be heard by the Supreme Court February 21, 2006, will address whether the Clean Water Act protects wetlands adjacent to tributaries that flow into larger water bodies and adjacent wetlands, and, if so, whether the Constitution gives Congress the authority to protect them.[1] 

            "I am simply asking the Supreme Court to uphold the status quo and continue the long-standing and common sense interpretation of the Clean Water Act," Cox said.

            The cases involve Michigan wetlands.  In the Rapanos case, the developer began filling in 54 acres of wetlands without a state or federal permit on three sites in Midland, Bay, and Saginaw Counties.  The wetlands are connected to tributaries that flow into Lake Huron.  Both criminal and civil actions were pursued by the federal government.  Mr. Rapanos was convicted of criminal violations of the Clean Water Act.  The case before the Supreme Court involves the civil enforcement action brought by the U.S. Environmental Protection Agency. 

            In the Carabell case, the developer wanted to build a 112 unit condominium on 19 acres of land in Macomb County by filling in about 15 acres of forested wetlands.  The wetlands are adjacent to a tributary that flows to Lake St. Clair.  The U.S. Army Corps of Engineers denied the permit.  The developer brought suit alleging the wetlands were not covered by the Clean Water Act.  

            Protection of the Great Lakes is one of Attorney General Cox's top priorities.  In addition to these cases, last year Cox joined other Attorneys General from the Great Lakes region and intervened in a suit seeking to compel the federal government to regulate ballast water discharges that introduce aquatic or invasive nuisance species into the Great Lakes from oceangoing vessels.

--30--


 

[1] Rapanos v United States and Carabell v U.S. Army Corps of Engineers

Related Content
 •  Cox Announces Senior Staff Changes
 •  9th Circuit Court: EPA Must Regulate Ballast Water Discharge
 •  AG Cox Fights to Protect MI Pensions
 •  "World's Greatest Dad" #198 Internet Predator Arrested
 •  AG Cox Sues Blue Cross
 •  Fireworks: Don't Get Burned
 •  Second Amendment Protected
 •  Costs to Ratepayers Reduced $40 Million in Settlement with Consumers Energy, MCV
 •  State Employee Pleads Guilty to Forgery and Misconduct in Office
 •  Victory!
 •  Internet Predator Sting Arrests 11
 •  AG Cox, Treasurer Kleine Fight Bear Stearns to Protect Michigan Pension Funds
 •  Waclawski Guilty on All Counts
 •  One Dozen Charged in Financial Scams & Ripoffs Against Elderly Relatives
 •  AG's Internet Safety Program Wins National Award
 •  Cox Announces Facebook Agreement to Make Site Safer for Youngsters
 •  AG: Supreme Court Ruling Upholds the Will of the People
 •  Cox, AARP, Area Agencies on Aging Urge Senate to Keep Health Care Affordable
 •  Tax Return: $1.5 Million Recovered for Michigan
 •  Cox Warns Consumers about Tax Rebate Scams

Michigan.gov Home | AG Home | State Web Sites
Privacy Policy | Link Policy | Accessibility Policy | Security Policy | AG Privacy Policy | AG Web Disclaimer | Michigan News | Michigan.gov Survey

Copyright © 2001-2008 State of Michigan