A northern Michigan conservation group claims the U.S. Air Force and National Guard did not properly study the impact of expanding air space for low-altitude flight exercises.
The Anglers of the Au Sable filed a lawsuit in district court earlier this month. The Grayling nonprofit has over 1,200 members spread throughout the Midwest.
The complaint says officials violated the National Environmental Policy Act (NEPA) and that the proposed expansion will, “result in various pollutants raining down on the headwaters of the Au Sable, one of the most famous trout streams in the United States.”
The Michigan Air National Guard proposed the project in 2022. The expansion would encompass parts of northeast Michigan east of I-75 as well as the northern part of Michigan’s Thumb — adding over 1,600 nautical square miles to the Alpena Special Use Airspace Complex which currently contains over 11,000 nautical square miles.
“We love the sound of freedom when you hear it, but at the same time, you don't want it constantly in your backyard,” said Bruce Pregler, a former president of the Anglers of the Au Sable who now serves as treasurer. He’s also a lawyer and provides legal advice to the group.
“If you're going to take these actions, do it in a meaningful way and protect the environment and the watershed of the Au Sable,” he said.
An Air Force official said it wouldn’t comment on ongoing litigation.
Also in 2022, the Michigan National Guard asked the state Department of Natural Resources to lease 162,000 acres of state forest land, which would have doubled the size of Camp Grayling, the largest National Guard training facility in the country.
“I've been fly fishing when an A-10 warthog flies overhead. I don't know if it's supersonic speed, but it's so fast it scares you, because it's on you before you even see it.”
Bruce Pregler
Anglers of the Au Sable
While that proposal was eventually rejected the DNR did agree to a memorandum of understanding to allow the guard up to 52,000 acres if it submitted special use permits.
The Anglers’ lawsuit claims the expansion of airspace will also allow military planes to fly as low as 500 feet in certain areas.
“I've been fly fishing when an A-10 warthog flies overhead,” Pregler said. “I don't know if it's supersonic speed, but it's so fast it scares you, because it's on you before you even see it.”
The lawsuit further claims, pollution could increase as a result of the exercises including aluminum cartridges and flares that contain magnesium and other chemicals.
There are several endangered and threatened species in the proposed area including Northern long-eared bats, Karner blue butterflies, monarch butterflies, Kirtland’s warblers, and bald eagles.
“Visible and audible encounters between aircraft and wildlife cause animals to exhibit stress responses,” the lawsuit reads.
The Air Force and National Guard did conduct an Environmental Assessment (EA), which found “no significant impact” on the environment as a result of the plans. But the lawsuit disputes its findings.
“The EA for the proposed expansion fails to provide a complete assessment of the potential impacts for both individual and cumulative effects within the military operations area,” the complaint reads.
The lawsuit demands that officials conduct a full Environmental Impact Statement (EIS) before moving forward with an airspace expansion — a study that could take multiple years.
The Anglers of the Au Sable are being represented by Marianne Dugan, an Oregon-based attorney that specializes in NEPA-related cases. Dugan also helped the Anglers in the early 2000s when they successfully sued the U.S. Forest Service over a decision to allow oil and gas drilling in an area near the Au Sable River.
The lawsuit names the Secretary of the Air Force Frank Kendall and the National Guard Bureau Chief Gen. Stephen Nordhaus. The defendants will have the opportunity to write a response to the Anglers complaint.
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