FRACKING-WATER INJUNCTION

On September 23, 2014, the First day of Autumn, Article32.org, and Plaintiffs Phil Bellfy and Tim LaCroix, filed a Motion for Immediate Injunctive Relief in the Little Traverse Bay Bands Tribal Court.  The Motion asks the Court to issue an injunction against Gov. Snyder and 6 DEQ officials to bar them from issuing any “water withdrawal” permits to frack any wells in Michigan.

The Motion can be read here: Injunctive Order – Fracking

The Judge ordered a dismissal of our suit, without holding a hearing –read it here: Injunctive Order – Dismissal

We filed an Appeal –read it here:  Fracking Water Appeal

Upon hearing of our Appeal, apparently, the state moved for a “Special Appearance” in front of the Appellate Court, claiming that the Tribal Court lacked “personal jurisdiction over the Defendants.”  That document can be read here:  Fracking-Water – Schuette Response

We filed a Motion to deny the Request from the AG’s office.  That document can be read here: Fracking-Water Motion to Dismiss AG Request

We are making  history –we’re certain that this is the first time that State officials have been sued in a Tribal Court.

April 10, 2015 — As is the case everywhere, it seems, this case is getting much more complex than necessary.  The Tribal Court granted the State’s Motion to Dismiss our suit, citing a lack of “personal jurisdiction” over the Defendants.  We are not posting the State’s Motion here due to the simple fact that the Tribal Court did not allow us to respond (so that whole issue is moot).  But we did file a second Appeal.  The Motion to Dismiss, and our Appeal are linked below.

Tribal Court Order Granting Defendants’ Motion to Dismiss —Fracking-Water-Dismissal-Order-2
Our Appeal of the Motion to Dismiss —Fracking Water 2nd Appeal