Preserve the Dunes, Inc v. Department of Environmental Quality

In 1995, the Michigan Department of Natural Resources (DNR) denied defendant TechniSand permission to mine critical dunes because it was ineligible for a permit under the sand dune mining act1 (SDMA), MCL 324.63701 et seq. One year later, following Governor Engler’s reorganization of the DNR, the newly created Department of Environmental Quality (DEQ) invited TechniSand to apply again, citing “changes in state government.” TechniSand reapplied and the DEQ granted a permit despite the fact, now undisputed, that TechniSand remained ineligible to mine critical dunes. As a result, critical dunes…