Detailed Case Study Notes on Lake Michigan Golf Course Development

Case Study Overview

  • Focus on a site in the Northern Lower Peninsula adjoining Lake Michigan.
  • Key concepts: dispersal and distribution, stability, resilience, biogeochemistry, biological magnification.
  • Discusses differences between fact witnesses and expert witnesses in environmental court cases.

Background of the Case

  • A land developer from Grand Rapids aimed to purchase land along Lake Michigan for a golf course.
  • Desired site included mature hardwood forests (oak and hickory) stabilizing a 200-foot sandy bluff.
  • Developer aimed to replicate seaside golf courses of Ireland/Scotland.

Erosion Risk Advisory

  • County officials advised the developer to proceed gradually due to high erosion risk, warning of potential massive erosion if not careful.
  • Developer calculated potential fines ($50-$500 per day) versus potential revenue ($1 million/year) and decided to proceed with site preparation.

Actions Taken by Developer

  • Violated permits by stripping the site of all trees and surface vegetation.
  • Heavy rains followed, causing massive erosion, which was anticipated by county forecasts.
  • Tremendous soil loss into Lake Michigan ensued.

Legal Actions Initiated

  • Michigan Attorney General Jennifer Granholm filed a lawsuit under the Michigan Environmental Protection Act for violations by the developer.
  • Developer claimed the erosion was natural, denying responsibility for harm.
  • Case jurisdiction was in the Manistee County Circuit Court.

Evidence Presentation

  • Aerial photographs from US Geological Service document the site's changes over time from 1978 to 1998.
  • Construction led to visible erosion with muddy water flowing into Lake Michigan, contradicting the developer's claims of releasing only clean soil.

Legal Testimonies and Scientific Analysis

  • The DEQ's investigation revealed the site’s history of chemical treatments from previous orchard farming, posing additional risks from biocides in runoff.
  • Plans for punitive damages aimed to deter similar actions in future developments.
  • Defendants argued lack of measurement data on harmful substances released.

Soil and Chemical Analysis

  • Soil samples were analyzed from the golf course and adjacent orchards: old, young, and hardwood forests.
  • Expected results included higher pesticide levels in older orchards than in the forest soil, indicating contamination linked to former agricultural practices.
Key Chemical Findings:
  • Arsenic: Background forest soil - 0.5 ppm; Old orchard - 7.9 ppm; Young orchard - 1.2 ppm.
  • Chromium: Background - 1 ppm; Old orchard - 4 ppm; Young orchard - lower.
  • Lead: Background - <5 ppm; Old orchard - 28 ppm.
  • Pesticides (DDT & Dieldrin): Background - none; Old orchard - significant concentrations.

Erosion Predictions and Developer’s Defense

  • Erosion rates: Bare soil can increase soil erosion by 10,000x compared to forested areas.
  • Developer claimed unpredictable storms contributed to the erosion, labeling them acts of God.
  • Calculations using the Universal Soil Loss Equation showed expected erosion amounts based on land use change.
  • Anticipated erosion during construction estimated at 6,600 to 8,900 tons based on site conditions.

Case Outcome and Settlement

  • Trial concluded when the farmer revised his testimony, altering credibility.
  • Settlement reached: Developer to pay $125,000 instead of initially sought $700,000.
  • The case termed a construction accident, but raised significant environmental concerns.

Current Status

  • The Arcadia Bluffs Golf Course is now built, ranked as #1 public access golf course in Michigan by Golf Digest, indicating completion of the controversial project despite earlier legal battles.