The Sixth Circuit Court of Appeals has upheld the authority of Michigan's Department of Environment, Great Lakes, and Energy (EGLE) to conduct inspections to ensure compliance with its orders. This decision was announced by Michigan Attorney General Dana Nessel following a lawsuit filed in April 2023 against P & P Contracting Services, Inc., Paul Satkowiak, and Prizza Satkowiak for unlawful destruction of regulated wetlands in Bay County.
P & P Contracting Services is accused of illegally dredging and draining surface water from wetlands and filling nearly five acres with harmful sugar beet production waste. Lab results indicated the defendants' actions led to the destruction of wetlands and discharge of injurious materials into state waters.
In July 2023, a preliminary injunction from the Ingham County Circuit Court prohibited further illegal activities on the property and authorized EGLE to conduct inspections. These inspections were carried out in December 2023, during which soil and water samples were collected.
Paul Satkowiak subsequently filed a lawsuit claiming EGLE personnel violated his Fourth Amendment rights through alleged unlawful seizure of samples. The Attorney General argued that these collections were conducted under a valid court order. Both the U.S. District Court and Sixth Circuit Court agreed, affirming EGLE’s inspection authority.
"EGLE’s ability to conduct environmental inspections under state court orders is vital to holding bad actors accountable," said Nessel. "I am pleased the Sixth Circuit has affirmed EGLE’s authority."
Phil Roos, EGLE Director, stated: "We are gratified the Court has upheld the right of EGLE staff to verify that laws protecting our state's incredible natural resources are being followed."
The lawsuit against P & P Contracting Services remains pending in Ingham County Circuit Court as it seeks relief under Michigan's Natural Resources and Environmental Protection Act.