|
The
Meadows wetland, located in Inkster, MI, was an
ecological oasis in the midst of the greater Detroit
metropolitan area. The roughly 12-acre woodland/wetland
tract, located approximately a quarter mile north
of the Lower Rouge River, was one of the few remaining
environmental treasures in the region. Unfortunately
in early 2000 it was slated for destruction by developers
to make way for a development to result in a 42
home subdivision.
Citizens
United for Action (CUFA) was formed in April 2000
by a small group of concerned residents living adjacent
to this rare and beautiful site with the primary
objective of compelling the Michigan Department
of Environmental Quality (MDEQ) to regulate the
site and ultimately save it from destruction. We
realized that wetlands are vital to our coastlines,
lakes, and rivers; and we knew that these vital
natural resources were being destroyed at alarming
rates. Once these irreplaceable natural resources
are gone so are all of the species of aquatic life
that depend upon them for life. We had to make every
possible effort to prevent the subdivision from
being developed at the expense of the environment
and those that appreciate our natural resources.

A
view of the Meadows wetlands before it was destroyed
to make way for a 42 - home subdivision. |
We
promptly realized the power of the forces aligned
against us. We attempted to oppose the development
by attending city council and planning board meetings,
but our concerns seemed to fall upon deaf ears.
CUFA’s next step was to challenge the determination
by the MDEQ that the amount of wetlands on the site
was less than that which would subject the site
to MDEQ regulation. However, red tape and a lack
of expertise exposed us to obstacles that precluded
us from entering into an administrative challenge
to the determination.
With
little more than our profound commitment to our
cause, we set forth to educate ourselves about wetland
issues and environmental law and policy. We spent
countless hours disseminating everything we learned
to other residents and implored them to join in
our struggle against the development of the Meadows
wetland. We diligently surfed the Web, petitioned
for information and canvassed for funding, which
would result in CUFA’s acquisition of a generous
GLAHNF grant of $3,500 in the fall of 2001. Such
contributions made it possible for us to employ
the services of a highly qualified wetlands consultant
who determined that the findings of the consultant
engaged by the developer, which had been sanctioned
by the MDEQ, were questionable.
Further
research led us to the centerpiece of our campaign,
the filing of a Michigan Environmental Protection
Act (MEPA) suit, a remarkably seldom used option
with incredible potential that has failed to be
realized because of a lack of knowledge of its substance.
CUFA experienced further good fortune in acquiring
the pro bono services of an environmentally dedicated
and qualified attorney who committed himself to
the success of CUFA’s efforts. CUFA and its allies
researched, planned, and conducted intense, laser
guided ecologic surveys of the site to garner further
evidence in support of our challenge.
CUFA’s
numbers had grown to over 20 supporters and we had
gathered enough information to build what we felt
was a very strong case. Our crusade had gained momentum
in a way that we never thought possible. We knew
we had a long battle ahead of us but we felt that
we would triumph; we were going to save the Meadows
wetland.

A
view of the Meadows wetlands after it was destroyed
to make way for a 42 - home subdivision.
|
Unfortunately,
and much to our members’ horror, on the day the
MEPA suit was to be filed, February 14, 2002, the
developers showed up with their equipment and razed
the woods in a few short hours. Woefully heartbroken,
yet even more determined, CUFA remained undeterred
in its effort to press forth with the suit. Though
the majestic arboreal giants, many hundreds of years
old and serving as home to a wondrous array of fauna
had been felled, we were still motivated. Our motivation
was the hope of setting an environmental precedent,
furthering awareness of MEPA, and achieving what
would be a near miracle: restoration of the site.
Ultimately, the case did come before a Wayne County
Circuit Court judge in June 2002, and the suit was
dismissed on a technicality rather than its merits.
As disappointed as CUFA’s members were with the
legal outcome of our suit, we found numerous reasons
to determine that our efforts were, in many ways,
quite successful. We garnered impressive media coverage
for our cause, including television, radio and newspaper
stories, which further served to inspire the interest
of other environmental groups and, more importantly,
unaffiliated citizens. CUFA members have been invited
to speak before assemblies of students at a number
of schools throughout the metropolitan area. Further,
we remain ready and willing to lend our knowledge
and expertise to other environmental activists and
concerned citizens upon request.
Some important elements in our struggle were: 1)
educating ourselves about environmental laws regulating
the site, 2) helping each other maintain our determination,
3) finding good legal counsel, and 4) garnering
good media attention. Our group is also inspired
by the realization that we helped to explore relatively
uncharted environmental litigation territory. We
take solace in the notion that our beloved wooded
wetlands might serve as a martyr in the struggle
for the furtherance of environmental protection
and the realization of the remarkable potential
of MEPA litigation.
CUFA members have also determined that we conveyed
an important message that our members are ready
and willing to stand up and to protect the ecological
treasures of this great state, and we will use all
of the legal tools at our disposal to do so. Finally,
CUFA members believe that our greatest success was
achieved through the continued existence of the
organization. Regardless of the outcome of our effort,
we were successful because we persevered against
nearly insurmountable odds, continued to educate
ourselves, and ultimately demonstrated that average
citizens can participate in the fight for environmental
and political empowerment. The lesson has been taught-now
will it be learned?
Citizens United for Action
Darryl Braun
26001 Cherry Hill Rd, #B13
Inkster, MI 48141
(313) 277-1466
Email: darrylrich@yahoo.com
|