About five months after the state and National Guard came to an agreement about land use around Camp Grayling, local anglers are still asking questions about what it all means.
Now they’re asking in court.
The Anglers of the Au Sable River filed a complaint against the Department of Natural Resources in the state Court of Claims on Tuesday.
It comes after multiple Freedom of Information Act requests for documents relating to the terms of a memorandum of understanding between the DNR and Michigan National Guard released in April.
The MOU, signed by DNR Director Shannon Lott and Maj. Gen. Paul D. Rogers, director of the Department of Military and Veteran Affairs, said the Guard could temporarily use up to 52,000 acres of state land around north-central Michigan for low-impact training through special-use permits.
It said training exercises could involve:
- Small formation activity involving less than 500 National Guard members and up to 100 affiliated partner members
- Controlled trials of cyber and electronic warfare technologies
- Low impact or light maneuver training
Anglers wanted to know things like where and when exercises would take place, what equipment would be used, how exercise could affect people and the environment, and what actions the DNR would take to mitigate those impacts.
According to the Anglers’ complaint, the DNR has responded to the FOIA requests with extensions and fees.
“Our hope is, give us the damn information. Above and beyond the complaint, let’s have public notice, so that we don’t have to go through this song and dance of a FOIA every week to find out what the hell is going on.”
— Joe Hemming | president, Anglers of the Au Sable River
Joe Hemming, president of the Anglers of Au Sable said his group paid more than $800 in fees, but no documents were provided in response to the requests.
“Unless things change — and we get a better way of showing transparency and allowing us to get the information so that we can properly react to any land use application — this is the route we have,” Hemming said.
The plaintiffs, which are listed as Anglers of the Au Sable and Anglers Vice President Jacque Rose, are requesting the court:
- Issue an order to disclose all written communications, including all memos and other documents pertaining to the information requested in the FOIA requests.
- Declare the delayed disclosure of the requested documents violative of FOIA
- Award attorney fees, and other relief as the court deems just and appropriate.
As of noon on Aug. 16, DNR officials said they had not seen the complaint and would not comment on ongoing litigation.
The case is before Judge James Robert Redford, in the Third District of the Michigan Court of Appeals.
“Our hope is, give us the damn information,” Hemming said. “Above and beyond the complaint, let’s have public notice, so that we don’t have to go through this song and dance of a FOIA every week to find out what the hell is going on.”
More context
A year-long effort by the Guard to expand the lease footprint of Camp Grayling by up to 162,000 acres was met with backlash and concern by residents, conservationists, tribal communities and local lawmakers.
The Guard previously told the Record-Eagle the land would be used for low-impact cyber and electromagnetic warfare training that require long distances.
A group of northern Michigan residents amassed over five-dozen resolutions and letters of opposition from local governments inside and outside the proposed expansion area.
Many concerns stemmed from the Guard’s history of contamination from toxic chemicals known as PFAS, traced back to Camp Grayling in 2016.
The DNR, which is the body that oversees state land acquisitions, denied the Guard’s original proposal in the same news release it announced the terms of the MOU.
Most recently, members of Anglers of the Au Sable said they learned from separate FOIA requests that the MOU agreement was signed without a detailed map of the specific land parcels included for training exercises.
