10/16/2009
Warner Norcross & Judd attorneys William Fulkerson and Troy Cumings have been lauded by the Michigan Chamber of Commerce for their work on reforms to Michigan's wetlands protection program. Specifically, six reforms developed by WNJ and supported by the Chamber were signed into law Oct. 15, 2009 by Gov. Jennifer Granholm.
Senate Bill 785, sponsored by Sen. Patty Birkholz of Saugatuck, keeps wetlands protection under state control. The legislation earned the backing of the Michigan Chamber because it eliminates a lot of red tape, particularly on small projects, thereby freeing up time for larger projects that are important to economic development.
In announcing the victory, the Michigan Chamber thanked Fulkerson and Cumings for their "immense expertise" in helping develop and draft key reforms.
"Michigan's wetland program is almost 30 years old and needed to be brought into line with current federal law and to reflect the experience gained over that time," Fulkerson said. "The wetlands act standards were highly subjective and there needed to be changes to make the permitting process more objective and predictable. We were able to make some changes that will improve the implementation of the act.
Among the reforms drafted by WNJ:
The definition of wetland was amended so the Michigan Department of Environmental Quality will now use the same method as the US Army Corps of Engineers to determine what is and is not a wetland area.
Mitigation standards will be more objective and flexible, mirroring federal standards.
Duplicate permitting by state and federal governments will be eliminated, giving the DEQ broader authority to issue permits. Also state and federal officials must work together to develop one general permit for coastal waters.
"A state-run system provides more certainty for Michigan businesses and residents," Sen. Birkholz said in a press release. The reforms "will make the regulatory process more efficient and effective."