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Anglers, Sierra Club Win Key Initial Court Battle in Joint Effort to Protect the Au Sable River in Michigan

Case Updates:

June 26, 2006

On June 20, 2006, a U.S. magistrate judge dealt another blow to the Bush administration's plans to allow oil and gas drilling within 800 feet of the historic Mason Tract – a 4,700-acre area along the Au Sable River that was donated to the state of Michigan in the 1950's by George Mason. Magistrate Judge Charles Binder of the U.S. District Court for the Eastern District of Michigan issued his "findings and recommendations" in a federal lawsuit filed by the Sierra Club and Anglers of the Au Sable. The magistrate agreed with the Sierra Club that the Forest Service's environmental analysis of the project was "inadequate" and "an exercise of arbitrary and capricious decision-making." The magistrate's recommendation will now be sent to U.S. District Judge David Lawson for a final ruling. The Forest Service has 10 days to object to the recommendation.

December 7, 2005

It's bad enough that the Bush administration is moving ahead with plans to drill the Arctic, off our coasts, and in other pristine areas around the country, but when the administration recently decided to exploit the Au Sable River, a world-class trout stream, they violated a key principle: don't mess with sportsmen! Just ask Rusty Gates, a former "Angler of the Year" in Rod and Reel magazine who's been fishing the Au Sable River for over 40 years. "We have hundreds of anglers up in arms over this, and we'll be darned if they're going to ruin one of the most special places we've got left." Even the local chamber of commerce (along with about 500 local residents) weighed in to "echo" the Sierra Club's concerns, but that hasn't stopped the Bush administration from moving ahead. But now there is some good news: Michigan anglers are celebrating an initial victory that will help protect the Au Sable River from the administration's ill-conceived oil and gas drilling project. On December 7, a federal judge rejected the administration's argument that the drilling would cause no environmental harm and ordered a stop to bulldozing and other clearing on the proposed site until he reaches a final decision in the case. The preliminary injunction means that this heritage site has been spared—for now. Oral arguments in the case are scheduled for late March. Read more about the victory in our press release and case in focus below.

June 8, 2005

The Mason Tract of the Au Sable River is renowned as a world-class trout stream that draws visitors from across the globe for fishing, canoeing, and other recreational activities. The pristine area, which inspired the creation of “Trout Unlimited,” was originally donated to Michigan by avid fly-fisher George Mason in the 1930s. Regrettably, in 1999 the state consented to a lease sale of oil and gas rights on the property, and now this special place is in peril because Savoy Energy wants to drill and build a production facility on neighboring Forest Service land. There are other places where Savoy Energy could drill without spoiling this historic river, but sadly the Forest Service failed to consider alternate locations even though the public is overwhelmingly opposed to drilling near the Au Sable. After more than a year of work with those who love the river best, in June, Sierra Club joined with the Anglers of the Au Sable and the descendents of the donor of the Mason Tract in an unusual coalition to use the courts to protect this gem. After all, we don’t fish in their oil wells, and they shouldn’t drill in our rivers.

Details and Documents:

Judge blocks land clearing for Mason Tract drilling
December 7, 2005 by John Flesher The Associated Press

Sierra Club Case in Focus
December 7, 2005, Highlight of the initial victory

Sierra Club Press Release
December 7, 2005

Order Granting Preliminary Injunction
December 7, 2005 US District Court for Eastern District of Michigan, Northern Division

Gone Fishin’
June 23, 2005 Sierra Club’s RAW: The Uncooked Facts of the Bush Assault on the Environment

Gas project foes sue feds
June 12, 2005 by the Associated Press, The Detroit News

Anglers to sue to stop drilling near Mason Tract
June 8, 2005 by Jeff Kart, Bay City Times

Au Sable-area drilling OK'd
The Michigan Sportsman Forums, Interactive message board on the Au Sable