BELLAIRE — A circuit court judge blocked an energy company from drilling a new deep-injection disposal well near Alba in rural Antrim County as a lawsuit that challenges the project proceeds.
Thirteenth Circuit Court Judge Thomas Power issued a preliminary injunction on Thursday against Beeland Group LLC, a subsidiary of CMS Energy, to prevent a well meant to accept contaminated wastewater from luxury resort Bay Harbor in Emmet County.
Antrim County, Star Township, Friends of the Jordan River Watershed and several property and mineral rights owners sued to halt the well on grounds it will pollute the Jordan River watershed, among other concerns.
"I do consider this a victory because had the judge allowed them to drill the well, some of the harm we're trying to prevent would already have happened," said Susan Hlywa Topp, plaintiff attorney.
Power ruled that the plaintiffs likely would win arguments that the well would violate the Michigan Environmental Protection Act. Beeland officials indicated they intend to appeal the injunction and file a motion to delay a pending trial until that appeal is heard.
State and federal environmental regulators approved the well last year, but local residents and area environmentalists chose to fight the project. Plaintiffs filed suit in Ingham County Circuit Court in August to challenge the state permit and in October filed suit in Antrim County to halt Beeland's plans.
"I don't want them to drill that well. Had we known what they were planning to do, we wouldn't have sold them the property," said Rhonda O'Connell, one of the plaintiffs and an adjacent landowner. O'Connell doesn't want the well to put her underground minerals at risk, nor potentially damage the Jordan River watershed, she said.
John Richter, president of the Jordan River group, hopes the company will consider other disposal options, he said.
Tim Petrosky, CMS area manager, said utility officials are disappointed and will consider an appeal. State and federal environmental officials concluded the well could be operated safely and without risk to drinking water or the Jordan River, he said.
"We're confident that the science supporting the approved permit eventually will prevail in the courts," Petrosky said.
Mercury-tainted water to be pumped underground would come from the cleanup of leachate from Little Traverse Bay, the result of water runoff over buried kiln dust left behind by an old cement factory. The contaminated water currently is taken to a treatment facility in Traverse City and an existing disposal well in Johannesburg after it's locally treated to reduce acidity.
The company's motion to stay the trial is expected on Feb. 17, Topp said.
Print this story
E-mail this story
