Kuhn Rogers' attorneys recently overturned a denial by the Michigan Department of Environment, Great Lakes and Energy (MDEGLE) of a wetland permit. Significantly, the court held that the Administrative Law Judge initially deciding the matter improperly broadened what may be deemed a feasible and prudent alternative. The court also found that the Administrative Law Judge had improperly redefined the project purpose in a way that prejudiced the rights of the property owner who was seeking a Part 303 wetlands permit. It is believed that this may be the first time a court has overturned the MDEGLE redefining of a project purpose under the Wetland Protection Act. The case has been remanded for further proceedings.

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For more information on the wetland permit denial, contact Joseph E. Quandt or Gina A. Bozzer at Kuhn Rogers.