Marquette County Road Commission Files Lawsuit against EPA, Fights Decision to Block Construction of County Road 595

Posted by on July 10, 2015

U.P. Residents Stand U.P. to Washington, D.C.

Stand UPMarquette, July 10, 2015—The Marquette County Road Commission, with the support of residents from across the Upper Peninsula, today announced the filing of a lawsuit formally challenging the decision by the EPA in Washington, D.C. to block construction of County Road 595.

In the suit filed in the United States District Court for the Western District of Michigan, the Road Commission (MCRC) argues that:

  • The EPA arbitrarily objected to the issuance of the permit needed to construct County Road 595, despite a determination by the Michigan Department of Environmental Quality after careful study that construction complied with all applicable state and federal laws, and that a permit should be issued;
  • Recently revealed documents demonstrate the EPA made up its mind to oppose the road before the application had even been submitted. Documents show that EPA met with environmental groups opposed to the road prior to the MCRC’s submission of their permit application and told the groups it was the EPA’s “definitive” position that “the haul road would not happen”;
  • The EPA arbitrarily shifted positions regarding its objections to the permit and refused repeated requests by the MCRC for an explanation of the agency’s objections, as the Commission attempted to address any concerns; and
  • The EPA failed to comply with the public hearing requirements of the Clean Water Act and failed to provide the MCRC with a full opportunity for public comment on the proposed permit.

“U.P. residents have every right to be shocked and troubled when they learn that the EPA worked with a California Senator to stop construction of our local road, before the application was even submitted,” said Deborah Pellow, Chairperson of Stand U.P.’s Board of Directors and Director of the Ishpeming Area Joint Wastewater Facility.  “Today’s lawsuit is the Upper Peninsula’s first step on the road to reclaiming our future from bureaucrats in Washington, D.C.”

Stand U.P. is a non-profit, non-partisan coalition formed in January to support safer streets, a cleaner environment, and a stronger economy in the Upper Peninsula.  The support of Stand U.P. and area residents made it possible for today’s lawsuit to be filed without costing taxpayers one penny.

County Road 595 is the name given to a proposed 21-mile road that would connect County Road AAA in Michigamme Township with U.S. 41 in Humboldt Township, taking nearly 100 commercial vehicles per day away from schools and communities, while shortening each of their routes by 78 miles round trip, every day.

The road would dramatically increase traffic safety in the Upper Peninsula, eliminating more than 1.5 million miles of semi-truck traffic from our communities and school zones annually, by diverting trucks onto a safer, shorter route.

Building the road would also protect the environment by cutting fuel consumption by over 464,000 gallons each year and preventing more than 4,989 tons of air pollution and greenhouse gasses annually—a 56 percent cut in pollution.

Despite the numerous, wide ranging benefits County Road 595 would bring the Upper Peninsula and overwhelming support from local officials, the EPA in Washington, D.C. has denied the commission the necessary permits to construct it.

Residents can join Stand U.P., learn more about County Road 595, and contribute online to help fund the Road Commission’s ongoing lawsuit, at www.595Facts.com.

 

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