NorthShore Appeals EGLE’s Permit Denial

NorthShore of Saugatuck has formally challenged the Michigan Department of Environment, Great Lakes, and Energy’s (EGLE) decision to deny its application for a permit to build a marina at the mouth of the Kalamazoo River. The developer’s Petition for Contested Case Hearing was filed on April 8 and claims NorthShore’s “proposed project satisfies all criteria and requirements for the issuance of a permit under all applicable rules and regulations, including Part 301, and therefore, [we are] entitled to a permit.”

EGLE denied NorthShore’s permit on February 9, 2024, due to the significant negative effects the proposed marina would likely have on the public and tribal uses of the river, including recreation, fish and wildlife, and aesthetics. Read EGLE’s denial letter here.

EGLE’s concerns about environmental justice were reinforced by the U.S. Army Corps of Engineers when they denied the NorthShore permit three days after EGLE’s denial, stating that “the project would adversely affect the Kalamazoo River Mouth Traditional Cultural Property (TCP).”

Disappointed, But Not Surprised

While disappointed by the developer’s continued pursuit of its environmentally destructive and culturally contemptuous project given the feasible and prudent alternatives available, the Coastal Alliance is not surprised by their petition. The Coastal Alliance intends to promptly seek (and we are confident will be granted) permission to intervene as a party to the contested case to advocate to uphold EGLE’s denial.

“We stand with EGLE and the State of Michigan in enforcing the laws that protect the public’s interest in our natural resources, including the significant interests of the tribal nations,” said Coastal Alliance Board Chair Bobbie Gaunt.

What to Expect

NorthShore’s petition will be heard before an administrative law judge through a process called a Contested Case Hearing that is designed to adjudicate challenges to decisions made by State agencies. The judge will be responsible for evaluating whether EGLE correctly applied Michigan laws to the permit denial. After evaluating evidence and witness testimony, the judge will make a recommendation to the Director of EGLE to either uphold or overturn the permit denial. The Director of EGLE will then make the final decision. NorthShore, the Coastal Alliance, and the State/EGLE will then have the opportunity to appeal the Director’s decision either through another administrative appeal or before the Circuit Court in Lansing.

“If we’ve learned nothing else, we’ve learned that justice takes time,” said Coastal Alliance Board President David Swan. “We have the law on our side. We’re tenacious and patient … we’re in this for the long haul. EGLE’s permit denial was grounded in protecting the public interest and in irrefutable scientific evidence. We are confident we will eventually prevail.”

Swan noted that the Contested Case Hearing could take a year or longer. And subsequent appeals could also take at least a year or several years. We’ll keep you posted throughout the process.