Varnum Defends Clients in Enforcement Actions by MDEQ

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Varnum defended a real estate developer in an enforcement action by the MDEQ alleging the dredging of wetlands along a drainage ditch and the filling of other wetlands without a permit in violation of the Wetland Protection Act. By consolidating these claims with a contested case appeal of the denial of a revised wetland permit application (the original application drafted by the client had been denied); Varnum was able to obtain relief from the Administrative Law Judge in the form of an after-the-fact permit. The client was not required to pay any penalties nor conduct any restoration work, and was able to accomplish the development with the permit issued by the ALJ.

In a separate case, Varnum defended an individual client that owned property on an inland lake in Michigan from enforcement action by the MDEQ that alleged a new dock violated the Inland Lakes and Streams Act. Varnum negotiated a compromise with the MDEQ that allowed a dock somewhat smaller than that which had been originally planned but larger than the MDEQ guidelines for non-removable docks. Varnum negotiated an after-the-fact permit and the client did not have to pay any penalties.

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