August 11, 2006

Department of Environmental Quality Director Steven E. Chester applauded a court decision today that upholds the Director’s denial of a request by Dune Harbor Estates to build a 36 inch pipeline through a 4,000 year-old protected critical dune along the Lake Michigan shore near Muskegon. In his ruling entered on August 9, 2006, Judge William Collette agreed that Michigan law requires the protection of critical dunes, and that the proponents of the pipeline project did not have a right to a special exemption from the law.

“Judge Collette’s ruling speaks volumes for the importance of protecting Michigan’s pristine natural resources and our critical dune areas in particular,” said Director Chester. “These critical dunes are a unique, fragile, and irreplaceable resource that we must preserve for future generations to enjoy.”

Michigan’s critical dune areas are protected from development by law, and because of their fragile nature, most uses and structures on them are prohibited unless a permit is granted by the DEQ. Legislative findings have shown that Michigan's critical dunes provide recreational, economic, scientific, and ecological benefits to our state.

Director Chester originally denied Dune Harbor’s request on December 7, 2005.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised August 11, 2006 by Pat Watson