The Sixth Circuit Court of Appeals recently issued an opinion affirming the Department of Environment, Great Lakes, and Energy’s (EGLE) authority to perform inspections to ensure compliance with its orders, announced Michigan Attorney General Dana Nessel. The opinion, issued on December 12, follows a lawsuit the attorney general filed in April 2023, on behalf of EGLE, against P & P Contracting Services, Inc., Paul Satkowiak, and Prizza Satkowiak for their unlawful destruction of regulated wetlands in Bay County.
P & P Contracting Services, Inc. is a contracting company that hauls and disposes of production waste from sugar beet processing in Bay County. Prizza Satkowiak is the company’s registered president and director, and Paul Satkowiak is its operator. In late summer or early fall of 2020, Paul Satkowiak acquired an interest in a roughly 15.84-acre parcel of property in Bay County, a large portion of which are regulated wetlands.
P & P Contracting Services, Inc. is alleged to have illegally dredged and drained surface water from the wetlands and filled nearly five acres of the wetlands with, among other things, harmful sugar beet production waste. Lab results show that the defendants’ activities have resulted in the destruction of regulated wetlands and the harmful discharge of injurious materials into state waters.
In July 2023, the Ingham County Circuit Court issued a preliminary injunction prohibiting the defendants from further illegal activities on the property and authorizing EGLE to conduct inspections on the property to ensure compliance with its injunction. Pursuant to the order, EGLE inspected the property in December 2023 and collected soil and water samples for analysis.
Following the inspection, Paul Satkowiak filed a lawsuit in the U.S. District Court against the EGLE personnel who completed the inspection, alleging they violated his Fourth Amendment rights due to the alleged
unlawful seizure of samples. The Attorney General successfully argued that the collection of soil and water samples was conducted under a valid court order. The U.S. District Court and Sixth Circuit Court of Appeals agreed, upholding EGLE’s authority to conduct inspections pursuant to court orders.
“EGLE’s ability to conduct environmental inspections under state court orders is vital to holding bad actors accountable and protecting Michigan’s wetlands and natural resources,” Nessel said. “I am pleased the Sixth Circuit has affirmed EGLE’s authority to ensure regulated wetlands are being preserved. We look forward to a resolution in this case that safeguards our state’s precious freshwater resources.”
“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,” said Phil Roos, EGLE director. “Inspections are a key tool necessary to ensure compliance. That authority is essential to our work. Additionally, subjecting individual staff members to legal threats for doing their jobs is unconscionable and misguided. We are pleased Attorney General Nessel and the Court of Appeals are standing up on behalf of Michiganders.”
Nessel’s lawsuit against P & P Contracting Services, Inc., Paul Satkowiak, and Prizza Satkowiak remains pending in the Ingham County Circuit Court. This lawsuit seeks relief under the Michigan Natural Resources and Environmental Protection Act to hold the defendants accountable for their destruction of the state’s natural resources, and to restore the wetlands to their prior condition.
P & P Contracting Services, Inc. is a contracting company that hauls and disposes of production waste from sugar beet processing in Bay County. Prizza Satkowiak is the company’s registered president and director, and Paul Satkowiak is its operator. In late summer or early fall of 2020, Paul Satkowiak acquired an interest in a roughly 15.84-acre parcel of property in Bay County, a large portion of which are regulated wetlands.
P & P Contracting Services, Inc. is alleged to have illegally dredged and drained surface water from the wetlands and filled nearly five acres of the wetlands with, among other things, harmful sugar beet production waste. Lab results show that the defendants’ activities have resulted in the destruction of regulated wetlands and the harmful discharge of injurious materials into state waters.
In July 2023, the Ingham County Circuit Court issued a preliminary injunction prohibiting the defendants from further illegal activities on the property and authorizing EGLE to conduct inspections on the property to ensure compliance with its injunction. Pursuant to the order, EGLE inspected the property in December 2023 and collected soil and water samples for analysis.
Following the inspection, Paul Satkowiak filed a lawsuit in the U.S. District Court against the EGLE personnel who completed the inspection, alleging they violated his Fourth Amendment rights due to the alleged
unlawful seizure of samples. The Attorney General successfully argued that the collection of soil and water samples was conducted under a valid court order. The U.S. District Court and Sixth Circuit Court of Appeals agreed, upholding EGLE’s authority to conduct inspections pursuant to court orders.
“EGLE’s ability to conduct environmental inspections under state court orders is vital to holding bad actors accountable and protecting Michigan’s wetlands and natural resources,” Nessel said. “I am pleased the Sixth Circuit has affirmed EGLE’s authority to ensure regulated wetlands are being preserved. We look forward to a resolution in this case that safeguards our state’s precious freshwater resources.”
“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,” said Phil Roos, EGLE director. “Inspections are a key tool necessary to ensure compliance. That authority is essential to our work. Additionally, subjecting individual staff members to legal threats for doing their jobs is unconscionable and misguided. We are pleased Attorney General Nessel and the Court of Appeals are standing up on behalf of Michiganders.”
Nessel’s lawsuit against P & P Contracting Services, Inc., Paul Satkowiak, and Prizza Satkowiak remains pending in the Ingham County Circuit Court. This lawsuit seeks relief under the Michigan Natural Resources and Environmental Protection Act to hold the defendants accountable for their destruction of the state’s natural resources, and to restore the wetlands to their prior condition.
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