Victory in Michigan
July 11, 2011 By: Pit & Quarry StaffThere's good news in Michigan, where the aggregates industry recently celebrated a legislative victory in an ongoing permitting issue.
First, some background, courtesy of the Michigan Aggregates Association (MAA): A Michigan Supreme Court decision last year eliminated a function called the "very serious consequences" test. Because natural resources can only be produced where they are located, courts have historically applied this unique standard to aggregates facility cases. A permit could not be denied if the applicant could prove that “very serious consequences” would not result from the operation of the facility.
According to MAA, this test for decades has struck a reasonable balance between the public’s need for aggregates, private property rights and local zoning interest. But last year, the court reasoned that if the “very serious consequences” standard is to be law in Michigan, the legislature, and not the courts, should establish that standard. This decision gave local municipalities more power to deny permits and close operations. In fact, MAA noted, an aggregates production facility in the Upper Peninsula already had been forced to close.
MAA rallied the industry against this damaging decision and worked to reverse the outcome. Rep. Matt Huuki and Sen. Tom Casperson teamed to amend the law by codifying the “very serious consequences” test in the Michigan Zoning Enabling Act. MAA members were asked to contact their legislators to support this corrective action. And in the end, the legislation passed the House and Senate. View the final bill (HB4746) here.
MAA will hold an environmental meeting on July 16 as part of its summer meeting to further explain the issue. To register for the free meeting, contact the MAA office at 517-381-1732. The summer meeting will be held from July 14-17 at The Inn at Bay Harbor in Bay Harbor, Mich.
According to the MAA, more than 80 million tons of mineral aggregates were sold from Michigan sources last year. About 300 surface facilities produce this aggregate, and the industry employs more than 8,000 people statewide. – Brian Richesson
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